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Proposed Rule2024-00451

Fall 2023 Semiannual Agenda of Regulations

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Published

February 9, 2024

Issuing agencies

Commerce Department

Abstract

In compliance with Executive Order 12866, entitled "Regulatory Planning and Review," and the Regulatory Flexibility Act, as amended, the Department of Commerce (Commerce), in the spring and fall of each year, publishes in the Federal Register an agenda of regulations under development or review over the next 12 months. Rulemaking actions are grouped according to pre-rulemaking, proposed rules, final rules, long-term actions, and rulemaking actions completed since the spring 2023 agenda. The purpose of the Agenda is to provide information to the public on regulations that are currently under review, being proposed, or recently issued by Commerce. It is expected that this information will enable the public to participate more effectively in the Department's regulatory process. Commerce's fall 2023 regulatory agenda includes regulatory activities that are expected to be conducted during the period November 1, 2023, through October 31, 2024.

Full Text

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[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9548-9562]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00451]

[[Page 9547]]

Vol. 89

Friday,

No. 28

February 9, 2024

Part IV

Department of Commerce

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Semiannual Regulatory Agenda

Federal Register / Vol. 89 , No. 28 / Friday, February 9, 2024 / UA:
Reg Flex Agenda

[[Page 9548]]

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DEPARTMENT OF COMMERCE

Office of the Secretary

13 CFR Ch. III

15 CFR Subtitle A; Subtitle B, Chs. I, II, III, VII, VIII, IX, and
XI

19 CFR Ch. III

37 CFR Chs. I, IV, and V

48 CFR Ch. 13

50 CFR Chs. II, III, IV, and VI

Fall 2023 Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Commerce.

ACTION: Semiannual Regulatory Agenda.

-----------------------------------------------------------------------

SUMMARY: In compliance with Executive Order 12866, entitled
``Regulatory Planning and Review,'' and the Regulatory Flexibility Act,
as amended, the Department of Commerce (Commerce), in the spring and
fall of each year, publishes in the Federal Register an agenda of
regulations under development or review over the next 12 months.
Rulemaking actions are grouped according to pre-rulemaking, proposed
rules, final rules, long-term actions, and rulemaking actions completed
since the spring 2023 agenda. The purpose of the Agenda is to provide
information to the public on regulations that are currently under
review, being proposed, or recently issued by Commerce. It is expected
that this information will enable the public to participate more
effectively in the Department's regulatory process.
Commerce's fall 2023 regulatory agenda includes regulatory
activities that are expected to be conducted during the period November
1, 2023, through October 31, 2024.

FOR FURTHER INFORMATION CONTACT:
Specific: For additional information about specific regulatory
actions listed in the agenda, contact the individual identified as the
contact person.
General: Comments or inquiries of a general nature about the agenda
should be directed to Candida Harty, Chief Counsel for Regulation,
Office of the Assistant General Counsel for Legislation and Regulation,
U.S. Department of Commerce, Washington, DC 20230, telephone: 202-482-
3410.

SUPPLEMENTARY INFORMATION: Commerce hereby publishes its fall 2023
Unified Agenda of Federal Regulatory and Deregulatory Actions pursuant
to Executive Order 12866 and the Regulatory Flexibility Act, 5 U.S.C.
601 et seq. Executive Order 12866 requires agencies to publish an
agenda of those regulations that are under consideration. By memorandum
of July 19, 2023, the Office of Management and Budget issued guidelines
and procedures for the preparation and publication of the fall 2023
Unified Agenda. The Regulatory Flexibility Act requires agencies to
publish, in the spring and fall of each year, a regulatory flexibility
agenda that contains a brief description of the subject of any rule
likely to have a significant economic impact on a substantial number of
small entities.
The internet is the basic means for disseminating the Unified
Agenda. The complete Unified Agenda is available online at
<a href="http://www.reginfo.gov">www.reginfo.gov</a>, in a format that offers users a greatly enhanced
ability to obtain information from the Agenda database.
In this edition of Commerce's regulatory agenda, a list of the most
important significant regulatory and deregulatory actions and a
Statement of Regulatory Priorities are included in the Regulatory Plan,
which appears in both the online Unified Agenda and in part II of the
issue of the Federal Register that includes the Unified Agenda.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory Flexibility
Act, Commerce's printed agenda entries include only:
(1) Rules that are in the Agency's regulatory flexibility agenda,
in accordance with the Regulatory Flexibility Act, because they are
likely to have a significant economic impact on a substantial number of
small entities; and
(2) Rules that the Agency has identified for periodic review under
section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. Additional information on these entries is available in
the Unified Agenda published on the internet. In addition, for fall
editions of the Agenda, Commerce's entire Regulatory Plan will continue
to be printed in the Federal Register.
Within Commerce, the Office of the Secretary and various operating
units may issue regulations. Among these operating units, the National
Oceanic and Atmospheric Administration (NOAA), the Bureau of Industry
and Security, and the Patent and Trademark Office issue the greatest
share of Commerce's regulations.
A large number of regulatory actions reported in the Agenda deal
with fishery management programs of NOAA's National Marine Fisheries
Service (NMFS). To avoid repetition of programs and definitions, as
well as to provide some understanding of the technical and
institutional elements of NMFS' programs, an ``Explanation of
Information Contained in NMFS Regulatory Entries'' is provided below.

Explanation of Information Contained in NMFS Regulatory Entries

The Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) (the Act) governs the management of fisheries
within the Exclusive Economic Zone of the United States (EEZ). The EEZ
refers to those waters from the outer edge of the State boundaries,
generally 3 nautical miles, to a distance of 200 nautical miles. For
fisheries that require conservation and management measures, eight
Regional Fishery Management Councils (Councils) prepare and submit to
NMFS Fishery Management Plans (FMPs) for the fisheries within their
respective areas in the EEZ. Membership of these Councils is comprised
of representatives of the commercial and recreational fishing sectors
in addition to environmental, academic, and government interests.
Council members are nominated by the governors and ultimately appointed
by the Secretary of Commerce. The Councils are required by law to
conduct public hearings on the development of FMPs and FMP amendments.
Consistent with applicable law, environmental and other analyses are
developed that consider alternatives to proposed actions.
Pursuant to the Magnuson-Stevens Act, the Councils also recommend
actions to NMFS deemed necessary or appropriate to implement FMPs. The
proposed regulations, FMPs, and FMP amendments are subject to review
and approval by NMFS, based on consistency with the Magnuson-Stevens
Act and other applicable law. The Council process for developing FMPs
and amendments makes it difficult for NMFS to determine the
significance and timing of some regulatory actions under consideration
by the Councils at the time the semiannual regulatory agenda is
published.
Commerce's fall 2023 regulatory agenda follows.

Leslie Kiernan,
General Counsel.

[[Page 9549]]

General Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
255....................... Securing the Information 0605-AA60
and Communications
Technology and Services
Supply Chain: Licensing
Procedures.
------------------------------------------------------------------------

General Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
256....................... Securing the Information 0605-AA51
and Communications
Technology and Services
Supply Chain.
------------------------------------------------------------------------

International Trade Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
257....................... Procedures Covering 0625-AB21
Suspension of
Liquidation, Duties and
Estimated Duties in
Accord With Presidential
Proclamation 10414.
------------------------------------------------------------------------

Bureau of Industry and Security--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
258....................... Taking Additional Steps to 0694-AJ35
Address the National
Emergency With Respect to
Significant Malicious
Cyber-Enabled Activities.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
259....................... Designation of Critical 0648-BJ52
Habitat for Threatened
Indo-Pacific Reef-
Building Corals.
260....................... Illegal, Unreported, and 0648-BG11
Unregulated Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act (Reg Plan
Seq No. 13).
261....................... Amendment 126 to the 0648-BM40
Fishery Management Plans
for Groundfish of the
Bering Sea/Aleutian
Islands Management Area
and Amendment 114 to the
Fishery Management Plan
for Groundfish of the
Gulf of Alaska.
262....................... Amendment 16 to the 0648-BM42
Fishery Management Plan
for the Salmon Fisheries
in the EEZ Off Alaska;
Cook Inlet.
263....................... Atlantic Coastal Fisheries 0648-BM38
Cooperative Management
Act Provisions; American
Lobster Fishery Vessel
Tracking for the Federal
American Lobster Fishery.
264....................... Atlantic Highly Migratory 0648-BM23
Species; Electronic
Reporting Requirements.
265....................... International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
266....................... Amendment 56 to the 0648-BM46
Fishery Management Plan
for the Reef Fish
Resources of the Gulf of
Mexico: Modifications to
Catch Limits, Sector
Allocation, and
Recreational Fishing
Seasons for Gulf of
Mexico Gag.
267....................... Notice of Proposed 0648-BM52
Rulemaking for the
Designation Pacific
Remote Islands National
Marine Sanctuary.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
268....................... Designation of Critical 0648-BG26
Habitat for the
Threatened Caribbean
Corals.
269....................... Amendments to the North 0648-BI88
Atlantic Right Whale
Vessel Strike Reduction
Rule (Reg Plan Seq No.
14).
270....................... Establishment of Time-Area 0648-BK04
Closures for Hawaiian
Spinner Dolphins Under
the Marine Mammal
Protection Act.
271....................... Designation of Critical 0648-BL53
Habitat for Nassau
Grouper Under the
Endangered Species Act.
272....................... Designation of Marine 0648-BL82
Critical Habitat for Six
Distinct Population
Segments of Green Sea
Turtles Under the
Endangered Species Act.
273....................... Designation of Critical 0648-BL86
Habitat for Rice's Whale
Under the Endangered
Species Act.
274....................... Atlantic Large Whale Take 0648-BM31
Reduction Plan
Modifications to Reduce
Serious Injury and
Mortality of Large Whales
in Commercial Trap/Pot
Fisheries Along the U.S.
East Coast.

[[Page 9550]]

275....................... Amendment 123 to the 0648-BL42
Fishery Management Plan
for Groundfish of the
Bering Sea and Aleutian
Islands Management Area;
Halibut Abundance-Based
Management of Amendment
80 Prohibited Species
Catch Limit.
276....................... Framework Adjustment 65 to 0648-BL95
the Northeast
Multispecies Fishery
Management Plan.
277....................... Atlantic Highly Migratory 0648-BI10
Species; Research and
Data Collection in
Support of Spatial
Fisheries Management.
278....................... Atlantic Highly Migratory 0648-BK54
Species; Prohibiting
Retention of Oceanic
Whitetip Sharks in U.S.
Atlantic Waters and
Hammerhead Sharks in the
Caribbean Sea.
279....................... Atlantic Highly Migratory 0648-BM08
Species; Amendment 16 to
the 2006 Consolidated
Atlantic Highly Migratory
Species Fishery
Management Plan.
280....................... International Fisheries; 0648-BL25
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Fishing Effort Limits in
Purse Seine Fisheries.
281....................... Amendment 51 to the 0648-BM03
Fishery Management Plan
for the Snapper-Grouper
Fishery of the South
Atlantic Region
(Amendment 51).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
282....................... Magnuson-Stevens Fisheries 0648-BH87
Conservation and
Management Act;
Traceability Information
Program for Seafood.
283....................... Seafood Import Permitting 0648-BK85
and Reporting Procedures.
284....................... Rulemaking to Modify the 0648-BM18
2023-2027 Halibut
Individual Fishing Quota
(IFQ) Vessel Harvest
Limitations in IFQ
Regulatory Areas 4A, 4B,
4C, and 4D.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
285....................... Amendment 14 to the 0648-BK31
Fishery Management Plan
for the Salmon Fisheries
in the EEZ Off Alaska.
286....................... Amendment 122 to the 0648-BL08
Fishery Management Plan
for Groundfish of the
Bering Sea and Aleutian
Islands Management Area;
Pacific Cod Trawl
Cooperative Program.
287....................... Atlantic Coastal Fisheries 0648-BF01
Cooperative Management
Act Provisions; American
Lobster Fishery;
Consideration of Expanded
Harvester and Biological
Sampling Requirements for
American Lobster.
288....................... Atlantic Highly Migratory 0648-BL94
Species; Atlantic Bluefin
Tuna General Category
Restricted-Fishing Days
for 2023.
289....................... Fish Aggregating Device 0648-BI79
Design Requirements in
Purse Seine Fisheries,
IMO Number Requirements,
and Bycatch Restrictions.
290....................... Interim Measures to Reduce 0648-BL89
Overfishing of Gulf of
Mexico Gag.
291....................... Amendment 54 to the 0648-BM00
Fishery Management Plan
for the Reef Fish
Resources of the Gulf of
Mexico: Modifications to
the Greater Amberjack
Catch Limits, Sector
Allocation, and
Rebuilding Plan.
292....................... Amendment 53 to the 0648-BM27
Fishery Management Plan
for the Snapper-Grouper
Fishery of the South
Atlantic Region
(Amendment 53).
293....................... Regulatory Amendment to 0648-BH70
the Pacific Coast
Groundfish Fishery
Management Plan to
Implement an Electronic
Monitoring Program for
Bottom Trawl and Non-
Whiting Midwater Trawl
Vessels.
294....................... 2023 Pacific Whiting 0648-BM07
Harvest Specifications
and Interim Tribal
Allocation; Pacific Coast
Groundfish.
------------------------------------------------------------------------

Patent and Trademark Office--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
295....................... Setting and Adjusting 0651-AD64
Patent Fees (Reg Plan Seq
No. 17).
296....................... Setting and Adjusting 0651-AD65
Trademark Fees (Reg Plan
Seq No. 18).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

[[Page 9551]]

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Proposed Rule Stage

255. Securing the Information and Communications Technology and
Services Supply Chain: Licensing Procedures [0605-AA60]

Legal Authority: Not Yet Determined
Abstract: The Department is seeking public input regarding
establishing a licensing process for entities to seek pre-approval
before engaging in or continuing to engage in potentially regulated
ICTS Transactions under the ``Securing the Information and
Communications Technology and Services Supply Chain'' rule.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Katelyn Christ, Department of Commerce, 1401
Constitution Avenue, Washington, DC 20230, Phone: 202 482-3064, Email:
<a href="/cdn-cgi/l/email-protection#85eee4f1e0e9fcebabe6edf7ecf6f1c5e7ecf6abe1eae6abe2eaf3">[email&#160;protected]</a>.
RIN: 0605-AA60

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Final Rule Stage

256. Securing the Information and Communications Technology And
Services Supply Chain [0605-AA51]

Legal Authority: 50 U.S.C. 1701; 3 U.S.C. 301
Abstract: Pursuant to Executive Order 13873 of May 15, 2019,
``Securing the Information and Communications Technology and Services
Supply Chain,'' (Executive Order) the Department of Commerce (the
Department) is implementing the process and procedures that the
Secretary of Commerce (Secretary) will use to identify, assess, and
address transactions that pose an undue risk to the security,
integrity, and reliability of information and communications technology
and services provided and used in the United States.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/27/19 84 FR 65316
NPRM Comment Period End............. 12/27/19
Interim Final Rule.................. 01/19/21 86 FR 4909
Interim Final Rule Comment Period 03/22/21
End.
Interim Final Rule Effective Date... 03/22/21
Final Action........................ 11/00/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Katelyn Christ, Department of Commerce, 1401
Constitution Avenue, Washington, DC 20230, Phone: 202 482-3064, Email:
<a href="/cdn-cgi/l/email-protection#5c373d2839302532723f342e352f281c3e352f7238333f723b332a">[email&#160;protected]</a>.
RIN: 0605-AA51

DEPARTMENT OF COMMERCE (DOC)

International Trade Administration (ITA)

Final Rule Stage

257. Procedures Covering Suspension of Liquidation, Duties and
Estimated Duties in Accord With Presidential Proclamation 10414 [0625-
AB21]

Legal Authority: Proc 10414, 87 FR 35067; 19 U.S.C. 1318
Abstract: In accordance with Presidential Proclamation 10414 and
pursuant to its authority under Section 318(a) of the Tariff Act of
1930, as amended (the Act), the Department of Commerce (Commerce) is
issuing this final rule to implement Proclamation 10414. Specifically,
Commerce is issuing a new rule that, in the event of an affirmative
preliminary or final determination in the antidumping and
countervailing duty (AD/CVD) circumvention inquiries described below,
under Title VII of the Act, extends the time for, and waives, the
suspension of liquidation, the application of certain AD/CVD duties,
and the collection of cash deposits on applicable entries of certain
crystalline silicon photovoltaic cells, whether or not assembled into
modules, that are completed in the Kingdom of Cambodia (Cambodia),
Malaysia, the Kingdom of Thailand (Thailand), and the Socialist
Republic of Vietnam (Vietnam) using parts and components manufactured
in the People's Republic of China (China), and that are not already
subject to an antidumping or countervailing duty order.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/01/22 87 FR 39426
NPRM Comment Period End............. 08/01/22
Final Action........................ 09/16/22 87 FR 56868
Final Action Effective.............. 11/15/22
Next Action Undetermined............ 11/00/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Nikki Kalbing, Department of Commerce,
International Trade Administration, Washington, DC 20230, Phone: 202
717-3147, Email: <a href="/cdn-cgi/l/email-protection#eb8582808082c5808a878982858cab9f998a8f8ec58c849d">[email&#160;protected]</a>.
RIN: 0625-AB21

DEPARTMENT OF COMMERCE (DOC)

Bureau of Industry and Security (BIS)

Proposed Rule Stage

258. <bullet> Taking Additional Steps To Address the National Emergency
With Respect to Significant Malicious Cyber-Enabled Activities [0694-
AJ35]

Legal Authority: 50 U.S.C. 1701 et seq.; 50 U.S.C. 1601 et seq.;
E.O. 13873, 84 FR 22689; E.O. 13984, 86 FR 6837
Abstract: Executive Order 13984 of January 19, 2021, Taking
Additional Steps To Address the National Emergency With Respect to
Significant Malicious Cyber-Enabled Activities, (E.O. 13984 or the
E.O.) directs the Secretary of Commerce (Secretary) to propose
regulations requiring certain providers and resellers of certain
Infrastructure as a Service (IaaS) products to verify the identity of
their foreign customers permitting the Secretary, in consultation with
Secretary of Defense, the Attorney General, the Secretary of Homeland
Security, and the Director of National Intelligence, to grant
exemptions to the verification requirement; and authorizing the
Secretary to impose special measures on providers with regard to
certain foreign jurisdictions or foreign persons. The Department of
Commerce (Department) issues this notice of proposed rulemaking (NPRM)
to solicit comment on proposed regulations to implement Sections 1, 2,
and 5 of E.O. 13984.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.

[[Page 9552]]

Agency Contact: Katelyn Christ, Department of Commerce, 1401
Constitution Avenue, Washington, DC 20230, Phone: 202 482-3064, Email:
<a href="/cdn-cgi/l/email-protection#bbd0dacfded7c2d595d8d3c9d2c8cffbd9d2c895dfd4d895dcd4cd">[email&#160;protected]</a>.
RIN: 0694-AJ35

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Proposed Rule Stage

National Marine Fisheries Service

259. Designation of Critical Habitat for Threatened Indo-Pacific Reef-
Building Corals [0648-BJ52]

Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: On November 27, 2020, we, NMFS, published in the Federal
Register a proposal to designate 17 island units of critical habitat in
the Pacific Islands Region for 7 Indo-Pacific coral species listed
under the Endangered Species Act (ESA). Based on public comments and
new information regarding the interpretation of the records of the
listed corals and application to critical habitat, a substantial
revision of the proposed rule is warranted. Accordingly, we are
withdrawing the 2020 proposed rule and publishing this new proposed
rule. We propose to designate critical habitat for five of the seven
coral species that were addressed in the 2020 proposed rule: Acropora
globiceps, Acropora retusa, Acropora speciosa, Euphyllia paradivisa,
and Isopora crateriformis. Proposed critical habitat includes 16 island
units encompassing approximately 251 square kilometers (km2; 97 square
miles, mi2) of marine habitat. In the development of this proposed
rule, NMFS considered economic, national security, and other relevant
impacts of the proposed designations, but we are not proposing to
exclude any areas from the critical habitat designations due to
anticipated impacts.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/27/20 85 FR 76262
NPRM Comment Period End............. 01/26/21
NPRM Comment Period Extended........ 12/23/20 85 FR 83899
NPRM Comment Period Extended End.... 02/25/21
Second NPRM Comment Period Extended. 02/09/21 86 FR 8749
Second Extended Comment Period End.. 03/27/21
Third NPRM Comment Period Extended.. 03/29/21 86 FR 16325
Third NPRM Comment Period Extended 05/26/21
End.
Second NPRM......................... 11/00/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: <a href="/cdn-cgi/l/email-protection#73181a1e1116011f0a5d17121e1c1d5e01121d17121f1f331d1c12125d141c05">[email&#160;protected]</a>.
RIN: 0648-BJ52

260. Illegal, Unreported, and Unregulated Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act
[0648-BG11]

Regulatory Plan: This entry is Seq. No. 13 in part II of this issue
of the Federal Register.
RIN: 0648-BG11

261. <bullet> Amendment 126 to the Fishery Management Plans for
Groundfish of the Bering Sea/Aleutian Islands Management Area and
Amendment 114 to the Fishery Management Plan for Groundfish of the Gulf
of Alaska [0648-BM40]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council, this proposed rule would implement
electronic monitoring for catcher vessels using pelagic trawl gear to
harvest pollock and tender vessels delivering to processing plants in
the Gulf of Alaska and the Bering Sea. The proposed action would
implement a voluntary monitoring option that would allow a vessel to
elect to use an electronic monitoring system accompanied by shoreside
observers for biological data collections instead of carrying an at-sea
observer under the North Pacific Observer Program. The purpose of this
action is to advance cost efficiency and compliance monitoring through
improved salmon accounting and reduced monitoring costs. This proposed
action is needed to modify the current retention and discard
requirements to allow participating catcher vessels to maximize
retention of all species caught for the use of electronic monitoring as
a compliance tool on trawl catcher vessels in the North Pacific
Observer Program and meet monitoring objectives on trawl catcher
vessels in the Bering Sea and Gulf of Alaska pelagic pollock fisheries.
This proposed action will likely affect catcher vessels, tenders, and
shoreside processors participating in the directed pelagic trawl
pollock fishery in the Bering Sea and Gulf of Alaska. For this proposed
action, NMFS uses authority under Section 304(b)(1)(A) and Section 313
of the Magnuson-Stevens Fishery Conservation and Management Act. The
Council and NMFS developed the elements of this rule over several years
based on feedback and public involvement in the North Pacific Fishery
Management Council's Trawl Electronic Monitoring Committee process.
NMFS will also hold public hearings in the states of Washington,
Oregon, and Alaska to receive additional public input during the
comment period on the proposed rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: <a href="/cdn-cgi/l/email-protection#b0dadfde9edbc5c2dcd1ded4f0dedfd1d19ed7dfc6">[email&#160;protected]</a>.
RIN: 0648-BM40

262. <bullet> Amendment 16 to the Fishery Management Plan for the
Salmon Fisheries in the EEZ Off Alaska; Cook Inlet [0648-BM42]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: If approved, this action (Amendment 16) would incorporate
the Cook Inlet EEZ into the Alaska Salmon FMP, thereby bringing the
Cook Inlet EEZ and the salmon fisheries that occur within it under
Federal management by the North Pacific Fishery Management Council
(Council) and NMFS. Previously, the Cook Inlet EEZ was not included in
a Federal fishery management plan (FMP), deferring management to the
State of Alaska (State). Commercial fishermen challenged this as
inconsistent with the Magnuson-Stevens Act (MSA). Ultimately, the Ninth
Circuit held that the Cook Inlet EEZ must be included in an FMP. The
Council previously took action to address this issue in 2020 and NMFS
implemented their recommendation as Amendment 14,

[[Page 9553]]

which closed the Federal area to commercial salmon fishing. Amendment
14 was challenged by commercial fishermen and vacated. A new amendment
addressing the area must be promulgated by May 1, 2024. Four management
alternatives were considered: (1) no action, (2) delegating management
authority to the State consistent with the MSA, (3) Federal management,
and (4) Federal management that closes the area to commercial salmon
fishing. Alternatives 1 and 4 were not viable given the court rulings,
and the State would not accept delegated management. This left
Alternative 3 as the only viable alternative. However, the Council did
not take action and, NMFS must now take action through a Secretarial
FMP amendment pursuant to MSA section 304(c) to meet the court's
deadline. NMFS will implement Alternative 3 to federally manage all
salmon fishing in the Cook Inlet EEZ. Federal management may reduce
commercial salmon harvest in the EEZ area as a result of increased
scientific and management uncertainty. Additional litigation is
expected from commercial fishermen. NMFS developed the elements of this
rule with input from the public during two North Pacific Fishery
Management Council meetings, a virtual public hearing, and multiple
meetings and consultations with Tribal entities.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: <a href="/cdn-cgi/l/email-protection#86ece9e8a8edf3f4eae7e8e2c6e8e9e7e7a8e1e9f0">[email&#160;protected]</a>.
RIN: 0648-BM42

263. <bullet> Atlantic Coastal Fisheries Cooperative Management Act
Provisions; American Lobster Fishery Vessel Tracking for the Federal
American Lobster Fishery [0648-BM38]

Legal Authority: 16 U.S.C. 71
Abstract: The Atlantic States Marine Fisheries Commission, the body
responsible for the interstate management of the American lobster
fishery, recently approved Addendum XXIX to Amendment 3 to the
Interstate Fishery Management Plan for American Lobster, which requires
electronic tracking of vessels participating in the fishery, with state
implementation beginning in 2023. The Commission is made up of
representatives from each of the eastern coastal states, including
members of the lobster industry, and voted unanimously in support of
vessel tracking, which is similar to global positioning system (GPS)
capabilities on a cellular/mobile telephone. These data are critical to
improving stock assessments, informing discussions and management
decisions related to protected species and marine spatial planning, and
enhancing offshore enforcement. NOAA Fisheries is proposing
complementary Federal regulations under the Atlantic Coastal Fisheries
Cooperative Management Act, this would consider revising to regulations
under 50 CFR 697. Federal fiscal year 2022 appropriations included
approximately $14 million in assistance for lobster permit holders to
comply with recent North Atlantic right whale risk reduction measures,
including implementing electronic tracking requirements within the
Northeast lobster fishery States have indicated they intend to use a
portion of this money to defray the costs associated with the vessel
tracking program, either through reimbursement or the bulk purchase and
distribution of devices.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Email: <a href="/cdn-cgi/l/email-protection#0d60646e656c6861237d6863796263744d63626c6c236a627b">[email&#160;protected]</a>.
RIN: 0648-BM38

264. Atlantic Highly Migratory Species; Electronic Reporting
Requirements [0648-BM23]

Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic highly migratory species (HMS) are managed under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act, 16 U.S.C. 1801 et seq., and the Atlantic Tunas
Convention Act (ATCA), id. 971 et seq., the implementing statute for
binding recommendations of the International Commission for the
Conservation of Atlantic Tunas. The ANPRM considered options to: (1)
streamline logbook reporting by converting existing commercial paper
logbooks to electronic logbooks; (2) expand logbook reporting to
recreational and commercial permit holders via electronic logbooks, to
be consistent with Agency efforts in other fisheries and to augment
data collected for fishery management; (3) collect additional
information through existing electronic reporting mechanisms for
dealers and recreational permit holders to augment data collected for
fishery management; and (4) facilitate HMS reporting including
considering ways to incentivize reporting compliance (or penalize
noncompliance) and offering an electronic reporting platform for HMS
Exempted Fishing Permit Program permit holders. This action is being
taken pursuant to the rulemaking authority under section 304(c) of the
Magnuson-Stevens Fishery Conservation and Management Act. 16 U.S.C.
1854(c). The ANPRM comment period ended in August 2023. The comments
received provide helpful feedback on the potential issues and ways
forward, which are under consideration by the Agency. The Agency's
proposed actions for this rulemaking will be based in part on feedback
and public comments received on the ANPRM.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: <a href="/cdn-cgi/l/email-protection#204b454c4c590e44454e4954604e4f41410e474f56">[email&#160;protected]</a>.
RIN: 0648-BM23

265. International Fisheries; South Pacific Tuna Fisheries;
Implementation of Amendments to the South Pacific Tuna Treaty [0648-
BG04]

Legal Authority: 16 U.S.C. 973 et seq.
Abstract: Under authority of the South Pacific Tuna Act of 1988,
this rule would implement recent amendments to the Treaty on Fisheries
between the Governments of Certain Pacific Island States and the
Government of the United States of America (also known as the South

[[Page 9554]]

Pacific Tuna Treaty). The rule would include modification to the
procedures used to request licenses for U.S. vessels in the western and
central Pacific Ocean purse seine fishery, including changing the
annual licensing period from June-to-June to the calendar year, and
modifications to existing reporting requirements for purse seine
vessels fishing in the western and central Pacific Ocean. The rule
would implement only those aspects of the Treaty amendments that can be
implemented under the existing South Pacific Tuna Act.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sarah Malloy, Acting Regional Administrator,
Pacific Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email: <a href="/cdn-cgi/l/email-protection#85f6e4f7e4edabe8e4e9e9eafcc5ebeae4e4abe2eaf3">[email&#160;protected]</a>.
RIN: 0648-BG04

266. <bullet> Amendment 56 to the Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico: Modifications to Catch Limits,
Sector Allocation, and Recreational Fishing Seasons for Gulf of Mexico
Gag [0648-BM46]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Reef Fish Amendment 56 and the proposed rule would modify
the status determination criteria, optimum yield, sector catch limits
and catch targets and establish a rebuilding timeline for Gulf gag
based on the most recent stock assessment (Southeast Data Assessment
and Review (SEDAR) 72) and recommendations from the Gulf of Mexico
Fishery Management Council's Scientific and Statistical Committee. The
amendment and rule would also modify the recreational accountability
measures and fishing season. The stock assessment indicated that Gulf
gag is overfished and was undergoing overfishing as of 2019, and that a
substantial reduction in the total allowable harvest is necessary to
rebuild the stock. The amendment and proposed rule would also modify
the allocation between the commercial and recreational sectors using
adjusted recreational landings estimates. The need for this action is
to use the best scientific information available to end overfishing of
Gulf gag and rebuild the stock to a level commensurate with maximum
sustainable yield, consistent with the requirements of the Magnuson-
Stevens Fishery Conservation and Management Act.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew J. Strelcheck, Regional Administrator,
Southeast Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 263 13th Avenue South, St. Petersburg, FL
33701, Phone: 727 824-5305, Email: <a href="/cdn-cgi/l/email-protection#d1b0bfb5a8ffa2a5a3b4bdb2b9b4b2ba91bfbeb0b0ffb6bea7">[email&#160;protected]</a>.
RIN: 0648-BM46

NOS/ONMS

267. <bullet> Notice of Proposed Rulemaking for the Designation Pacific
Remote Islands National Marine Sanctuary [0648-BM52]

Legal Authority: 16 U.S.C. 1431 et seq.
Abstract: NOAA's Office of National Marine Sanctuaries is
considering a proposed rule designating a national marine sanctuary in
the waters surrounding the Pacific Remote Islands. This proposed rule
for designation under the National Marine Sanctuaries Act would
supplement the existing National Marine Monument and further protect
and conserve the natural environment and cultural heritage of the
Pacific Remote Islands for future generations.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jessica Kondel, Policy and Planning Division Chief,
Department of Commerce, National Oceanic and Atmospheric
Administration, 1305 East West Highway, Building SSMC4, Silver Spring,
MD 20910, Phone: 240 676-4646.
RIN: 0648-BM52

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Final Rule Stage

National Marine Fisheries Service

268. Designation of Critical Habitat for the Threatened Caribbean
Corals [0648-BG26]

Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: NMFS listed 5 Caribbean corals as threatened under the
Endangered Species Act on October 10, 2014. Critical habitat shall be
designated to the maximum extent prudent and determinable at the time a
species is proposed for listing (50 CFR 424.12). We concluded that
critical habitat was not determinable for the 5 corals at the time of
listing. However, we anticipated that critical habitat would be
determinable in the future given on-going research. We, therefore,
announced in the final listing rules that we would propose critical
habitat in separate rulemakings. This rule proposes to designate
critical habitat for the 5 Caribbean coral species listed in 2014. A
separate proposed critical habitat rule is being prepared for the 15
Indo-Pacific corals listed as threatened in 2014. The proposed
designation for the Caribbean corals may include marine waters in
Florida, Puerto Rico, US Virgin Islands, Navassa Island, and Flower
Garden Banks containing essential features that support all stages of
life history of the corals. The proposed rule is not likely to have an
annual effect on the economy of $100 million or more or adversely
affect the economy. NMFS has contacted the Departments of the Navy, Air
Force, and Army as well as the U.S. Coast Guard requesting information
related to potential national security impacts that may result from the
critical habitat designation. Based on information provided, we
concluded that there will be an impact on national security in only 1
area offshore Dania Beach, FL, and will propose to exclude it from the
designations.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/27/20 85 FR 76302
NPRM Comment Period End............. 01/26/21
Final Rule.......................... 08/09/23 88 FR 54026
Final Action Effective.............. 09/08/23
Correction.......................... 11/00/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources,

[[Page 9555]]

Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: <a href="/cdn-cgi/l/email-protection#7b101216191e091702551f1a16141556091a151f1a17173b15141a1a551c140d">[email&#160;protected]</a>.
RIN: 0648-BG26

269. Amendments to the North Atlantic Right Whale Vessel Strike
Reduction Rule [0648-BI88]

Regulatory Plan: This entry is Seq. No. 14 in part II of this issue
of the Federal Register.
RIN: 0648-BI88

270. Establishment of Time-Area Closures for Hawaiian Spinner Dolphins
Under the Marine Mammal Protection Act [0648-BK04]

Legal Authority: 16 U.S.C. 1382 et seq.
Abstract: This rulemaking action under the Marine Mammal Protection
Act (MMPA) will establish mandatory time-area closures of Hawaiian
spinner dolphins' essential daytime habitats at five selected sites in
the Main Hawaiian Islands (MHI). In considering public comments in
response to a separate proposed rule related to spinner dolphin
interactions (81 FR 57854), NMFS intends these regulatory measures to
prevent take of Hawaiian spinner dolphins from occurring in inshore
marine areas at essential daytime habitats, and where high levels of
disturbance from human activities are most prevalent.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: <a href="/cdn-cgi/l/email-protection#385351555a5d4a5441165c59555756154a59565c5954547856575959165f574e">[email&#160;protected]</a>.
RIN: 0648-BK04

271. Designation of Critical Habitat for Nassau Grouper Under the
Endangered Species Act [0648-BL53]

Legal Authority: 16 U.S.C. 1533
Abstract: This rulemaking will designate critical habitat for the
threatened Nassau grouper pursuant to section 4 of the Endangered
Species Act (ESA). Specific occupied areas under consideration as
critical habitat for this species include approximately 2,352.27 sq.
kilometers (908.22 sq. miles) of marine habitat located in waters off
southeastern coast of Florida, Puerto Rico, Navassa, and the United
States Virgin Islands (USVI). For this critical habitat designation,
the incremental costs of the rule are anticipated to be limited to the
additional administrative effort required for section 7 consultations
to consider impacts to the critical habitat. We have contacted the
Departments of the Navy, Air Force, and Army as well as the U.S. Coast
Guard requesting information related to potential national security
impacts that may result from the critical habitat designation. Based on
information they provided, national security impacts are not expected
to arise as a result of this rule. NMFS also contacted the Department
of Defense (DoD) to determine if any areas controlled by the DoD
coincide with any of the areas under consideration for critical
habitat, and none were found that would result in not designating
critical habitat pursuant to section 4(a)(3)(B)(i) of the ESA. This
rule is consistent with existing critical habitat regulations in the
application of the ESA.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: <a href="/cdn-cgi/l/email-protection#355e5c58575047594c1b5154585a5b1847545b51545959755b5a54541b525a43">[email&#160;protected]</a>.
RIN: 0648-BL53

272. Designation of Marine Critical Habitat for Six Distinct Population
Segments of Green Sea Turtles Under the Endangered Species Act [0648-
BL82]

Legal Authority: 16 U.S.C. 1533
Abstract: In 2012, NMFS and U.S. Fish and Wildlife Service (USFWS;
collectively, the Services) were petitioned to identify and list
distinct population segments (DPSs) of green sea turtles under section
4 of the Endangered Species Act (ESA; 16 U.S.C. 1533). In 2016, the
Services listed six DPSs of green sea turtles occurring in U.S. waters,
which triggered the requirement, under ESA section 4, to designate
critical habitat to the maximum extent prudent and determinable for
those DPSs. The Services did not do so within the statutory deadline,
and subsequently entered into a settlement agreement to submit to the
Office of the Federal Register for publication a proposed determination
concerning the designation of critical habitat for the six DPSs by June
30, 2023. The rule would propose to designate critical habitat
containing reproductive, migratory, foraging and resting features in
waters from 0 to 20 m depth. The economic impact will affect Federal
agencies, who are required under section 7 of the ESA to consult with
the Services on their actions that may affect listed species and
designated critical habitat. NMFS is working with the Department of
Defense and Department of Homeland Security to review potential
national security impacts. Regarding Broadening Public Participation
and Community Engagement in the Regulatory Process, we are providing
six (3 virtual, 3 in-person) public hearings. We will have Spanish at 2
virtual public hearings. Samoan, Chamorro, or Carolinian cultural
liaisons are providing facilitation and translation at the 3 in-person
public hearings. This is part of a pilot project meant to address
requests made during the public comment period for NMFS' Equity and
Environmental Justice Strategy.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: <a href="/cdn-cgi/l/email-protection#5c3735313e392e302572383d313332712e3d32383d30301c32333d3d723b332a">[email&#160;protected]</a>.
RIN: 0648-BL82

273. Designation of Critical Habitat for Rice's Whale Under the
Endangered Species Act [0648-BL86]

Legal Authority: 16 U.S.C. 1533; 16 U.S.C. 1532
Abstract: Gulf of Mexico Bryde's whales (Balaenoptera edeni) were
listed as endangered under the Endangered Species Act (ESA) by the
National Marine Fisheries Service (NMFS) effective April 15, 2019 (84
FR 15446). On October 22, 2021, NMFS published

[[Page 9556]]

a final rule that revised the listing of Gulf of Mexico Bryde's whales
to reflect the scientifically accepted taxonomy and nomenclature of the
species (86 FR 47022). The revised common name for this species is
Rice's whale and the scientific name is Balaenoptera ricei. The ESA
requires that critical habitat be designated to the maximum extent
prudent and determinable at the time a species is listed (16 U.S.C.
1533(a)(3)(i)). NMFS concluded that critical habitat was not yet
determinable for the Rice's whale at the time of listing. However, NMFS
indicated that they anticipated critical habitat would be determinable
in the future given on-going research. NMFS, therefore, announced in
the final listing rule that they would propose critical habitat in a
separate rulemaking. This rule proposes to designate critical habitat
for the endangered Rice's whale as one specific area within the Gulf of
Mexico that extends from the Texas-Mexico border in the west to the
Florida Keys in the east and lies between the 100m and 400m isobaths.
NMFS will consult with the Department of Defense to assess any
potential national security impacts as a result of the proposed
critical habitat designation.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: <a href="/cdn-cgi/l/email-protection#2e4547434c4b5c4257004a4f434140035c4f404a4f42426e40414f4f00494158">[email&#160;protected]</a>.
RIN: 0648-BL86

274. <bullet> Atlantic Large Whale Take Reduction Plan Modifications To
Reduce Serious Injury and Mortality of Large Whales in Commercial Trap/
Pot Fisheries Along the U.S. East Coast [0648-BM31]

Legal Authority: 16 U.S.C. 1387
Abstract: The National Marine Fisheries Service (NMFS) is proposing
a rule under the Atlantic Large Whale Take Reduction Plan (ALWTRP or
Plan) to reduce the risk of North Atlantic right whale entanglement in
commercial trap/pot fisheries along the U.S. East Coast. The proposed
rule would modify the boundaries of the Massachusetts Restricted Area
(MRA) to include a 200 square miles area known as the MRA Wedge to fill
a gap in protections that occurs during the implementation of the
current closure in Federal waters from February through April every
year. This small gap area was inadvertently created by a 2021
modification to an existing MRA seasonal closure to buoy lines which
mirrored a state water closure enacted by Massachusetts in early 2021.
The resultant gap within the MRA created an opportunity for federally
permitted vessels to fish or store buoyed trap gear in the MRA Wedge at
great risk of incidental mortality and serious injury of North Atlantic
right whales that are seasonally abundant in surrounding waters.
Empirical gear and whale sightings collected during aerial surveys of
the MRA Wedge during February-April demonstrate the high entanglement
risk to right whales in this area. No novel management measures or
policies are proposed; this Wedge area was closed through emergency
rulemaking in 2021 and 2022, and this rule proposes to permanently
implement a small expansion of an existing three-month seasonal
restriction to fishing with buoy lines.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: <a href="/cdn-cgi/l/email-protection#73181a1e1116011f0a5d17121e1c1d5e01121d17121f1f331d1c12125d141c05">[email&#160;protected]</a>.
RIN: 0648-BM31

275. Amendment 123 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area; Halibut Abundance-
Based Management of Amendment 80 Prohibited Species Catch Limit [0648-
BL42]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council (Council), this proposed action would
implement Amendment 123 to the Fishery Management Plan (FMP) for
Groundfish of the Bering Sea and Aleutian Islands Management Area
(BSAI). If approved by the Secretary of Commerce and implemented by
NMFS, this action would determine the BSAI Amendment 80 commercial
groundfish trawl fleet's (A80) halibut prohibited species catch (PSC)
limit annually based on the most recent values from surveys conducted
by the Alaska Fisheries Science Center and the International Pacific
Halibut Commission (IPHC). The Council's intent in recommending
Amendment 123 is to link annual halibut PSC limits in the A80 fleet
with estimated halibut abundance. The reason for the change being
considered is that the current PSC limit, currently set as a fixed
annual amount of 1,745 mt, becomes an increasingly larger proportion of
total halibut removals in the BSAI when halibut abundance declines.
Over the last 6 years, the Council and its advisory bodies,
stakeholders, and the public have considered several approaches for a
halibut abundance-based management (ABM) program consistent with
Council fishery management objectives and the Magnuson-Stevens Fishery
Conservation and Management Act (MSA). Public testimony on this action
over the years has focused on two primary concerns. The first is the
importance of providing flexibility to the A80 fleet to prosecute their
quotas. The second is concern about the decline in the directed halibut
fishery catch as a result of a decline in halibut abundance, compounded
by fixed PSC limits that further reduce the proportion of halibut
available to the directed halibut fisheries.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: <a href="/cdn-cgi/l/email-protection#076d6869296c72756b666963476968666629606871">[email&#160;protected]</a>.
RIN: 0648-BL42

276. Framework Adjustment 65 to the Northeast Multispecies Fishery
Management Plan [0648-BL95]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The action would implement management measures included
in Framework Adjustment 65 to the Northeast Multispecies Fishery
Management Plan (Framework 65) that

[[Page 9557]]

were developed by the New England Fishery Management Council in
response to new scientific information, pursuant to the rulemaking
authorities under section 303(c) of the Magnuson-Stevens Fishery
Conservation and Management Act. The action will revise the rebuilding
plan for Gulf of Maine (GOM) cod, set annual specifications for fishing
years (FY) 2023-2025 for 13 Northeast multispecies stocks, FY2023-2024
for Georges Bank (GB) cod, GB yellowtail flounder, FY2023 for white
hake, and specify FY 2023-2024 total allowable catches (TAC) for the
three U.S./Canada stocks eastern GB cod, eastern GB haddock, and GB
yellowtail flounder. It would also make a temporarily modification to
the accountability measures for GB cod. This rule also takes emergency
action using our authority under Section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management Act to increase the fishing year
2023 specifications for Gulf of Maine (GOM) haddock. The purpose of
this emergency action is to mitigate economic harm to industry by
increasing the 2023 GOM haddock specifications.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/31/23 88 FR 34810
NPRM Comment Period End............. 06/15/23
Final Action........................ 08/18/23 88 FR 56527
Comment Period End.................. 09/18/23
Final Action Effective.............. 09/18/23
Next Action Undetermined............ 11/00/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Email: <a href="/cdn-cgi/l/email-protection#5934303a31383c3577293c372d3637201937363838773e362f">[email&#160;protected]</a>.
RIN: 0648-BL95

277. Atlantic Highly Migratory Species; Research and Data Collection in
Support of Spatial Fisheries Management [0648-BI10]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rulemaking would address conducting research in
areas currently closed to fishing for Atlantic highly migratory species
(HMS)--during various times or by certain gear--to collect fishery-
dependent data. A number of time/area closures or gear-restricted areas
have been implemented over the years through various rulemakings,
limiting fishing for Atlantic highly migratory species in those areas
for a variety of reasons including reducing bycatch. These time/area
closures have been implemented in consultation with the HMS Advisory
Panel to protect species consistent with the Magnuson-Stevens Fisheries
Conservation and Management Act (e.g., to reduce bycatch in the pelagic
longline fishery off the east coast of Florida), the Endangered Species
Act (e.g., to protect sea turtles in the North Atlantic), and the
Atlantic Tunas Convention Act (e.g., to protect spawning bluefin tuna
in the Gulf of Mexico). Fishery-dependent data supports effective
fisheries management, and areas that restrict fishing effort often have
a commensurate decrease in fishery-dependent data collection. Programs
to facilitate research and data collection, such as those that would be
covered by this rulemaking, could assess the efficacy of closed areas,
improve sustainable management of highly migratory species, and may
provide benefits to commercial and recreational fishermen. The Agency's
final actions for this rule will be based in part on feedback and
public comments on the proposed rule and draft environmental impact
statement, regulatory impact review (RIR), and initial regulatory
flexibility analysis (IRFA). The comment period ends in September 2023.
The comments received to date provide helpful feedback on the potential
issues and ways forward.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/05/23 88 FR 29050
NPRM Comment Period Extension....... 09/08/23 88 FR 62044
NPRM Comment Period End............. 09/15/23
NPRM Comment Period Extension End... 10/02/23
Final Action........................ 08/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: <a href="/cdn-cgi/l/email-protection#0f646a636376216b6a61667b4f61606e6e21686079">[email&#160;protected]</a>.
RIN: 0648-BI10

278. Atlantic Highly Migratory Species; Prohibiting Retention of
Oceanic Whitetip Sharks in U.S. Atlantic Waters and Hammerhead Sharks
in the Caribbean Sea [0648-BK54]

Legal Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Abstract: Atlantic highly migratory species (HMS) fisheries are
managed under the dual authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic
Tunas Convention Act (ATCA). On May 15, 2020, NOAA Fisheries issued two
Biological Opinions (BiOps) under Section 7(a)(2) of the Endangered
Species Act (ESA). These BiOps covered the pelagic longline fishery for
Atlantic HMS and the non-pelagic longline HMS fisheries, as managed
under the 2006 Consolidated Atlantic HMS Fishery Management Plan (FMP)
and its amendments. The BiOps concluded that the fisheries are not
likely to jeopardize the continued existence of listed species nor
adversely affect their designated critical habitat. The BiOps included
conservation recommendations under Section 7(a)(1) of the ESA. These
conservation recommendations encouraged the prohibition of the
commercial and recreational retention of both scalloped hammerhead
sharks (specifically in the Southwest and Caribbean distinct population
segments) and oceanic whitetip sharks, both of which are listed as
threatened under the ESA. As a result, this action considers
implementing this conservation recommendation. Under existing
regulations, retention and possession of oceanic whitetip and all
hammerhead sharks are prohibited for commercial fishermen using pelagic
longline gear; this action would extend the prohibition to commercial
shark permit holders using other gears and to recreational permit
holders who target or catch sharks. This action is being taken pursuant
to the rulemaking authority under the Magnuson-Stevens Act, sec.
304(g), and ATCA. The Agency's final actions for this rule will be
based in part on public comments on the proposed rule and draft
environmental assessment, RIR, and IRFA. The comments received were
generally supportive of the proposed action; some commenters requested
additional protections for scalloped hammerhead sharks.
Timetable:

[[Page 9558]]

Final Action........................ 12/00/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: <a href="/cdn-cgi/l/email-protection#5c37393030257238393235281c32333d3d723b332a">[email&#160;protected]</a>.
RIN: 0648-BK54

279. Atlantic Highly Migratory Species; Amendment 16 to the 2006
Consolidated Atlantic Highly Migratory Species Fishery Management Plan
[0648-BM08]

Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: NMFS is developing a proposed rule for Amendment 16 to
the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery
Management Plan (FMP) pursuant to Magnuson-Stevens Fishery Conservation
and Management Act (MSA) sections 304(c) and (g). The draft Amendment
will include a draft environmental impact statement and other required
analyses. Based on the mechanism used in establishing shark quotas and
related management measures from Amendment 14 to the 2006 Consolidated
HMS FMP, Amendment 16 would modify the acceptable biological catch
(ABC) and annual catch limits (ACLs) for Atlantic sharks and the
process used to account for carryover of underharvests of quotas. In
this action, NMFS would also look at all commercial and recreational
management measures related to the Atlantic shark fishery and make
appropriate revisions. Amendment 16 would affect the bottom longline,
gillnet, and pelagic longline fisheries, which fish for sharks
throughout the entire range of the fishery (Atlantic Ocean, Gulf of
Mexico, and Caribbean Sea). The Agency's proposed actions for this rule
will be based in part on feedback and public comments received on the
issues and options paper. The comment period ends in August 2023. The
comments received to date provide helpful feedback on the potential
issues and ways forward.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Intent.................... 05/08/23 88 FR 29617
Notice of Intent Comment Period End. 08/18/23
Final Action........................ 11/00/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: <a href="/cdn-cgi/l/email-protection#e18a848d8d98cf85848f8895a18f8e8080cf868e97">[email&#160;protected]</a>.
RIN: 0648-BM08

280. International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; Fishing Effort Limits in Purse Seine
Fisheries [0648-BL25]

Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: Under authority of the Western and Central Pacific
Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), NMFS
is implementing fishing effort limits for the U.S. purse seine fishery
operating in the western and central Pacific Ocean (WCPO). Regulations
at 50 CFR 300.223(a) currently limit U.S. WCPO purse seine fishing
effort in a combined area of the high seas and U.S. exclusive economic
zone (EEZ). Based on recent decisions of the Commission for the
Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean, this rulemaking would implement
separate U.S. WCPO purse seine fishing effort limits for the high seas
and U.S. EEZ. This rulemaking could have some economic effects on U.S.
purse seine vessels, as the separate effort limits would reduce the
operational flexibility provided by the combined effort limits. This
rulemaking could also have some economic effects on American Samoa, as
the separate limits could lead to a fishery closure earlier in the year
than under the combined limits, which could reduce fish supply to the
cannery based in American Samoa. Other elements of this rulemaking
include modifications to the process for closing the fishery once an
effort limit is reached, and modifications to the procedures for
obtaining daily purse seine fishing effort reports.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sarah Malloy, Acting Regional Administrator,
Pacific Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email: <a href="/cdn-cgi/l/email-protection#6e1d0f1c0f0640030f020201172e00010f0f40090118">[email&#160;protected]</a>.
RIN: 0648-BL25

281. Amendment 51 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (Amendment 51) [0648-BM03]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS is developing a final rule to implement Amendment
51. Amendment 51 and the rule will modify management of South Atlantic
snowy grouper. Actions will revise annual catch limits, sector
allocations, and the fishing season and accountability measures for the
recreational sector. Amendment 51 and the rule will end overfishing of
South Atlantic snowy grouper, continue to rebuild the stock, and
achieve optimum yield while minimizing, to the extent practicable,
adverse social and economic effects.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew J. Strelcheck, Regional Administrator,
Southeast Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 263 13th Avenue South, St. Petersburg, FL
33701, Phone: 727 824-5305, Email: <a href="/cdn-cgi/l/email-protection#73121d170a5d000701161f101b161018331d1c12125d141c05">[email&#160;protected]</a>.
RIN: 0648-BM03

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Long-Term Actions

National Marine Fisheries Service

282. Magnuson-Stevens Fisheries Conservation and Management Act;
Traceability Information Program for Seafood [0648-BH87]

Legal Authority: 16 U.S.C. 1801 et seq.; Pub. L. 115-141
Abstract: On December 9, 2016, NMFS issued a final rule that
established a risk-based traceability program to track seafood from
harvest to entry into U.S. commerce. The final rule

[[Page 9559]]

included, for designated priority fish species, import permitting and
reporting requirements to provide for traceability of seafood products
offered for entry into the U.S. supply chain, and to ensure that these
products were lawfully acquired and are properly represented. Shrimp
and abalone products were included in the final rule to implement the
Seafood Import Monitoring Program, but compliance with Seafood Import
Monitoring Program requirements for those species was stayed
indefinitely due to the disparity between Federal reporting programs
for domestic aquaculture of shrimp and abalone products relative to the
requirements that would apply to imports under Seafood Import
Monitoring Program. In section 539 of the Consolidated Appropriations
Act, 2018, Congress mandated lifting the stay on inclusion of shrimp
and abalone in Seafood Import Monitoring Program and authorized the
Secretary of Commerce to require comparable reporting and recordkeeping
requirements for domestic aquaculture of shrimp and abalone. This
rulemaking will establish permitting, reporting and recordkeeping
requirements for domestic producers of shrimp and abalone from the
point of production to entry into commerce.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexa Cole, Phone: 301 427-8286, Email:
<a href="/cdn-cgi/l/email-protection#3e5f525b465f105d51525b7e50515f5f10595148">[email&#160;protected]</a>.
RIN: 0648-BH87

283. Seafood Import Permitting and Reporting Procedures [0648-BK85]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS amends the regulations that require seafood import
documentation under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.). The statute prohibits the
importation of seafood that was harvested in violation of foreign laws,
any treaty, or binding conservation measures of regional fisheries
organizations to which the United States is a party. The import
permitting, reporting and recordkeeping regulations facilitate
enforcement of the statutory prohibition. To ensure compliance with the
import monitoring program, NMFS clarifies what qualifies as the U.S.
resident business address of the International Fisheries Trade Permit
holder and the permit holder's obligation to ensure timely access to
and production of the required supply chain records in the event of an
audit NMFS also intends to include additional species under the
program, such as expanding currently listed single-species to species
groups and adding new species. U.S. seafood importers are likely to be
affected by this rulemaking through increased reporting and
recordkeeping requirements, but NOAA estimates the economic impact will
be small because documentation is already completed, transmitted
through the supply chain, and available to importers.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/28/22 87 FR 79836
NPRM Comment Period End............. 03/28/23
NPRM Comment Period Extension....... 03/31/23 88 FR 19236
NPRM Comment Period Extension End... 04/27/23
-----------------------------------
Final Action........................ To Be Determined
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexa Cole, Phone: 301 427-8286, Email:
<a href="/cdn-cgi/l/email-protection#bfded3dac7de91dcd0d3daffd1d0dede91d8d0c9">[email&#160;protected]</a>.
RIN: 0648-BK85

284. Rulemaking To Modify the 2023-2027 Halibut Individual Fishing
Quota (IFQ) Vessel Harvest Limitations in IFQ Regulatory Areas 4A, 4B,
4C, and 4D [0648-BM18]

Legal Authority: 16 U.S.C. 773
Abstract: Commercial halibut fishing off the coast of Alaska is
managed under an Individual Fishing Quota (IFQ) program implemented by
Federal regulations under the authority of the Northern Pacific Halibut
Act of 1982, 16 U.S.C. 773 et seq. On February 10, 2023, the North
Pacific Fishery Management Council (Council) recommended to temporarily
remove IFQ halibut vessel caps for the 2023-2027 fishing years in IFQ
regulatory areas 4A (Eastern Aleutian Islands), 4B (Central and Western
Aleutian Islands), 4C (Central Bering Sea), and 4D (Eastern Bering
Sea). This action is needed to provide continued flexibility and
consistency in the Pacific halibut fishery. This action would implement
the temporary management measure that has been recommended by the
Council and implemented by NMFS annually since 2020 for a 5-year
period. This action would revise 50 CFR 679.42(h)(1) to remove vessels
caps in those four areas for the 2023-2027 fishing year. This temporary
action would provide consistency for fishery participants over the next
five years, while the Council develops a long-term solution to modify
vessel use caps in Area 4. Halibut IFQ holders with quota share in
those four areas would be affected by this action, as well as Community
Quota Entities in area 4B. This action would not modify any other
aspects of the IFQ Program. Section 773c(c) of the Northern Pacific
Halibut Act is the rulemaking authority.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/11/23 88 FR 30272
NPRM Comment Period End............. 06/12/23
Final Action........................ 07/26/23 88 FR 48137
Final Action Effective.............. 07/26/23
-----------------------------------
Next Action Undetermined............ To Be Determined
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Phone: 907 586-7638, Email:
<a href="/cdn-cgi/l/email-protection#a9c3c6c787c2dcdbc5c8c7cde9c7c6c8c887cec6df">[email&#160;protected]</a>.
RIN: 0648-BM18

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Completed Actions

285. Amendment 14 to the Fishery Management Plan for the Salmon
Fisheries in the EEZ Off Alaska [0648-BK31]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would modify the Fishery Management Plan for
the Salmon Fisheries in the EEZ off Alaska (FMP) and implement
regulations to manage the EEZ waters of Cook Inlet under the FMP and
prohibit commercial fishing for salmon in this area. Currently, this
area is excluded from the FMP and the State of Alaska manages
commercial fishing for salmon in this area. If approved, this action
would result in all commercial salmon fishing in Cook Inlet occurring
within waters of the State of Alaska under State management plans. The
North Pacific Fishery Management Council (Council) determined that this
action is consistent with the Council's longstanding policy to
facilitate management of salmon fishing by the State of Alaska and that
the State is the authority best suited for

[[Page 9560]]

managing Alaska salmon fisheries given its existing infrastructure and
expertise. The Council considered, but did not select, two other action
alternatives that would delegate management of the Cook Inlet EEZ to
the State of Alaska or establish Council and NMFS management of the
commercial salmon fishery within the area. The Council did not select
either of these alternatives because the State of Alaska was unwilling
to accept delegation of management authority, and due to the
substantial increase in management complexity and cost without
corresponding benefits of both alternatives.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: <a href="/cdn-cgi/l/email-protection#315b5e5f1f5a44435d505f55715f5e50501f565e47">[email&#160;protected]</a>.
RIN: 0648-BK31

286. Amendment 122 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area; Pacific Cod Trawl
Cooperative Program [0648-BL08]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council, this action implements Amendment 122 to the
Fishery Management Plan (FMP) for Groundfish of the Bering Sea and
Aleutian Islands Management Area (BSAI), and the Pacific cod Trawl
Cooperative Program (PCTC Program) which allocates quota share (QS) to
groundfish License Limitation Program (LLP) license holders based on
the harvest of BSAI Pacific cod during qualifying years. This Program
also allocates QS to a processor permit holder based on processing
history during the qualifying years. QS allocated under this program
yields an exclusive harvest privilege to members of a PCTC Program
cooperative. The Council's intent in recommending Amendment 122 and the
PCTC Program is to improve the prosecution of the fishery by promoting
safety and stability in the harvesting and processing sectors,
increasing the value of the fishery, minimizing bycatch to the extent
practicable, providing for the sustained participation of fishery
dependent communities, and ensuring the sustainability and viability of
the Pacific cod resource in the BSAI. The Council initiated action on
this Limited Access Privilege Program (LAPP) in response to industry
requests to address increasing inefficiency in the BSAI Pacific cod
trawl catcher vessel sector by implementing a catch share program.
Owners and operators of harvesters and processors that participate in
the BSAI Pacific cod trawl fishery would be affected by this action.
Section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and
Management Act (MSA) is the rulemaking authority. Section 303A of the
MSA authorizes the creation of LAPPs. The final rule included an
incorrect cross reference and inadvertently left out two footnotes in a
table and a correction notice fixed these errors.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/09/23 88 FR 8592
NPRM Comment Period End............. 03/13/23
Final Action........................ 08/08/23 88 FR 53704
Correction.......................... 08/22/23 88 FR 57009
Final Action Effective.............. 09/07/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: <a href="/cdn-cgi/l/email-protection#e18b8e8fcf8a94938d808f85a18f8e8080cf868e97">[email&#160;protected]</a>.
RIN: 0648-BL08

287. Atlantic Coastal Fisheries Cooperative Management Act Provisions;
American Lobster Fishery; Consideration of Expanded Harvester and
Biological Sampling Requirements for American Lobster [0648-BF01]

Legal Authority: 16 U.S.C. 5101 et seq.
Abstract: In response to recommendations by the Atlantic States
Marine Fisheries Commission, this rulemaking action will cap and reduce
individual and aggregate trap caps in the Offshore Area 3 lobster
fishery and cap the number of permits a permit holder may have in
nearshore Area 2. It also implements components of the Commission's
Addendum XXVI to the American Lobster Management Plan. Among other
things, the Addendum requires the lobster harvesting states to
implement a trip-level reporting requirement with expanded data
elements for all lobster fishermen in their respective jurisdictions,
and recommends complementary action for Federal lobster permit holders.
We will implement the mandatory trip-level harvester reporting
requirement through this action. Finally, this action also makes some
minor administrative changes to the lobster trap transfer program,
considers allowing the use of a substitute vessel to tend lobster gear
in certain circumstances, and removes some outdated text from the
Federal lobster regulation at 50 CFR 697.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 11/15/17 82 FR 52871
ANPRM Comment Period End............ 12/15/17
Second ANPRM........................ 06/14/18 83 FR 27747
Second ANPRM Comment Period End..... 07/16/18
NPRM................................ 07/11/22 87 FR 41084
NPRM Comment Period End............. 08/10/22
Interim Final Rule.................. 10/02/23 88 FR 67667
Interim Final Rule Effective........ 11/01/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Email: <a href="/cdn-cgi/l/email-protection#8be6e2e8e3eaeee7a5fbeee5ffe4e5f2cbe5e4eaeaa5ece4fd">[email&#160;protected]</a>.
RIN: 0648-BF01

288. Atlantic Highly Migratory Species; Atlantic Bluefin Tuna General
Category Restricted-Fishing Days for 2023 [0648-BL94]

Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic tunas are managed under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C.
1801 et seq., and the Atlantic Tunas Convention Act (ATCA), id. 971 et
seq., the implementing statute for the International Commission for the
Conservation of Atlantic Tunas. This temporary final action established
a schedule of restricted-fishing days (RFDs) for all Tuesdays, Fridays,
and Saturdays from July 1 through November 20, 2023. On an RFD, vessels
permitted in the Atlantic Tunas General category are prohibited from
fishing for, including catch-and-release and tag-and-release fishing,
possessing, retaining, landing, or selling Atlantic

[[Page 9561]]

bluefin tuna of all sizes. RFDs also apply to HMS Charter/Headboat
permitted vessels when fishing commercially, but do not preclude such
vessels from recreational fishing activity (under applicable Angling
category regulations), including catch-and-release and tag-and-release
fishing. This action was taken pursuant to the rulemaking authority
under section 304(c) of the Magnuson-Stevens Fishery Conservation and
Management Act. 16 U.S.C. 1855(d).
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: <a href="/cdn-cgi/l/email-protection#c9a2aca5a5b0e7adaca7a0bd89a7a6a8a8e7aea6bf">[email&#160;protected]</a>.
RIN: 0648-BL94

289. Fish Aggregating Device Design Requirements in Purse Seine
Fisheries, IMO Number Requirements, and Bycatch Restrictions [0648-
BI79]

Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: This final rule implements recent decisions adopted by
the Western and Central Pacific Fisheries Commission, to which the
United States is a member. Specifically, the final rule implements fish
aggregating device design requirements for U.S. purse seine fishing
vessels, expands requirements for U.S. fishing vessel owners to obtain
numbers issued under the ship identification number scheme established
by the International Maritime Organization, and implements bycatch
restrictions for sharks and rays.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sarah Malloy, Acting Regional Administrator,
Pacific Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email: <a href="/cdn-cgi/l/email-protection#2b584a594a4305464a474744526b45444a4a054c445d">[email&#160;protected]</a>.
RIN: 0648-BI79

290. Interim Measures To Reduce Overfishing of Gulf of Mexico Gag
[0648-BL89]s

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Gulf of Mexico (Gulf) gag is managed under the Fishery
Management Plan for Reef Fish Resources of the Gulf of Mexico and the
most recent stock assessment indicates that Gulf gag is overfished and
is undergoing overfishing. The National Marine Fishery Service is
implementing interim measures to reduce overfishing, as recommended by
the Gulf of Mexico Fishery Management Council (Council), while the
Council develops a plan amendment to end overfishing and rebuild the
Gulf gag stock. The interim measures would reduce the Gulf gag catch
limits consistent with one alternative the Council is considering in
the plan amendment under development. The interim measures would also
modify the recreational season start date in 2023 to increase the
projected season length.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM Temporary Rule................. 02/03/23 88 FR 7388
NPRM Temporary Rule Comment Period 02/21/23
End.
Final Temporary Rule Action......... 05/03/23 88 FR 27701
Final Action Effective.............. 05/03/23
Final Temporary Rule Extension...... 10/06/23 88 FR 69553
Final Temporary Rule Extension End.. 05/02/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew J. Strelcheck, Regional Administrator,
Southeast Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 263 13th Avenue South, St. Petersburg, FL
33701, Phone: 727 824-5305, Email: <a href="/cdn-cgi/l/email-protection#7819161c01560b0c0a1d141b101d1b133816171919561f170e">[email&#160;protected]</a>.
RIN: 0648-BL89

291. Amendment 54 to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico: Modifications to the Greater Amberjack
Catch Limits, Sector Allocation, and Rebuilding Plan [0648-BM00]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Reef Fish Amendment 54 and the final rule would modify
the Gulf greater amberjack overfishing limit, acceptable biological
catch, and sector annual catch limits and annual catch targets based on
the most recent stock assessment (Southeast Data Assessment and Review
70), which indicated that the stock continued to be overfished and
undergoing overfishing, and recommendations from the Gulf of Mexico
Fishery Management Council's Scientific and Statistical Committee. The
stock assessment included historical recreational catch and effort data
adjusted to be consistent with the Marine Recreational Information
Program (MRIP) Fishing Effort Survey (FES), which replaced the MRIP
Coastal Household Telephone Survey (CHTS) in 2018. Landings estimates
generated using MRIP-FES are generally greater than those generated
using MRIP-CHTS. Reef Fish Amendment 54 also modifies the allocation
between the commercial and recreational sectors using the MRIP-FES
adjusted landing estimates on a more recent time series (1993-2019)
than the previous allocation (1981-2004) and only includes years after
greater amberjack was identified to species. The need for this action
is to end overfishing and rebuild the greater amberjack stock as
required by the Magnuson-Stevens Fishery Conservation and Management
Act, update existing greater amberjack catch limits and allocations to
be consistent with best scientific information available, FMP
objectives, and contemporary data collection methods.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew J. Strelcheck, Regional Administrator,
Southeast Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 263 13th Avenue South, St. Petersburg, FL
33701, Phone: 727 824-5305, Email: <a href="/cdn-cgi/l/email-protection#b5d4dbd1cc9bc6c1c7d0d9d6ddd0d6def5dbdad4d49bd2dac3">[email&#160;protected]</a>.
RIN: 0648-BM00

292. Amendment 53 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (Amendment 53) [0648-BM27]

Legal Authority: 16 U.S.C. 1801 et seq.

[[Page 9562]]

Abstract: NMFS is developing a proposed rule to implement Amendment
53. The rule will modify management of South Atlantic gag and black
grouper. Because gag is overfished and undergoing overfishing, actions
for gag include establishing a rebuilding plan, revising annual catch
limits, sector allocations, management measures, and recreational
accountability measures. Amendment 53 would also modify recreational
management measures for black grouper. Amendment 53 and the proposed
rule would end overfishing of South Atlantic gag, rebuild the stock,
and achieve optimum yield while minimizing, to the extent practicable,
adverse social and economic effects.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew J. Strelcheck, Regional Administrator,
Southeast Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 263 13th Avenue South, St. Petersburg, FL
33701, Phone: 727 824-5305, Email: <a href="/cdn-cgi/l/email-protection#f69798928fd8858284939a959e93959db698999797d8919980">[email&#160;protected]</a>.
RIN: 0648-BM27

293. Regulatory Amendment to the Pacific Coast Groundfish Fishery
Management Plan To Implement an Electronic Monitoring Program for
Bottom Trawl and Non-Whiting Midwater Trawl Vessels [0648-BH70]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The action implements a regulatory amendment to the
Pacific Fishery Management Council's Pacific Coast Groundfish Fishery
Management Plan to allow bottom trawl and midwater trawl vessels
targeting non-whiting species the option to use electronic monitoring
(video cameras and associated sensors) in place of observers to meet
requirements for 100-percent observer coverage. By allowing vessels the
option to use electronic monitoring to meet monitoring requirements,
this action intends to increase operational flexibility and reduce
monitoring costs for the fleet.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Quan, Regional Administrator--West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, DC 20230, Phone: 562 980-4001, Email:
<a href="/cdn-cgi/l/email-protection#264c4348484f4043540857534748664849474708414950">[email&#160;protected]</a>.
RIN: 0648-BH70

294. 2023 Pacific Whiting Harvest Specifications and Interim Tribal
Allocation; Pacific Coast Groundfish [0648-BM07]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Through this rulemaking, NMFS sets the U.S. Total
Allowable Catch (TAC) level based on the coastwide TAC determined under
the terms of the Agreement with Canada on Pacific Hake/Whiting
(Agreement) and the Pacific Whiting Act of 2006 (Whiting Act); the
interim allocation for the tribal fishery; the fishery harvest
guideline (HG), called the non-tribal allocation, for three commercial
whiting sectors; and set-asides for research and bycatch. As in prior
years, the interim tribal allocation is not intended to set a precedent
for future years. This action will be implemented pursuant to the
rulemaking authority under the Magnuson-Stevens Fishery Conservation
and Management Act (MSA) 304(b) (Regulations Deemed Necessary by
Council) and MSA section 305(d) (Secretarial authority), and the
Pacific Whiting Act of 2006. Pursuant to MSA section 305(d), this
action is necessary to ensure that the Pacific Coast Groundfish Fishery
Management Plan is implemented in a manner consistent with treaty
rights of four treaty tribes to fish in their usual and accustomed
grounds and stations in common with non-tribal citizens. United States
v. Washington, 384 F. Supp. 313 (W.D. Wash. 1974).
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Quan, Regional Administrator--West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, DC 20230, Phone: 562 980-4001, Email:
<a href="/cdn-cgi/l/email-protection#c5afa0ababaca3a0b7ebb4b0a4ab85abaaa4a4eba2aab3">[email&#160;protected]</a>.
RIN: 0648-BM07

DEPARTMENT OF COMMERCE (DOC)

Patent and Trademark Office (PTO)

Proposed Rule Stage

295. Setting and Adjusting Patent Fees [0651-AD64]

Regulatory Plan: This entry is Seq. No. 17 in part II of this issue
of the Federal Register.
RIN: 0651-AD64

296. Setting and Adjusting Trademark Fees [0651-AD65]

Regulatory Plan: This entry is Seq. No. 18 in part II of this issue
of the Federal Register.
RIN: 0651-AD65

[FR Doc. 2024-00451 Filed 2-8-24; 8:45 am]
BILLING CODE 3410-12-P

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