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Notice2025-18325

Spring 2025 Semiannual Agenda of Regulations

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Published

September 22, 2025

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 publication of the Fall 2024 Unified 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 Commerce's regulatory process. Commerce's Spring 2025 Unified Agenda includes regulatory activities that are expected to be conducted during the period July 1, 2025, through June 31, 2026.

Full Text

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[Federal Register Volume 90, Number 181 (Monday, September 22, 2025)]
[Proposed Rules]
[Pages 45484-45499]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18325]

[[Page 45483]]

Vol. 90

Monday,

No. 181

September 22, 2025

Part IV

Department of Commerce

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Semiannual Regulatory Agenda

Federal Register / Vol. 90 , No. 181 / Monday, September 22, 2025 /
Unified Agenda

[[Page 45484]]

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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

Spring 2025 Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Commerce.

ACTION: Semiannual Regulatory Agenda.

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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 publication of the Fall 2024 Unified 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 Commerce's
regulatory process.
Commerce's Spring 2025 Unified Agenda includes regulatory
activities that are expected to be conducted during the period July 1,
2025, through June 31, 2026.

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 Spring 2025
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 March 26, 2025, the Office of Management and Budget issued
guidelines and procedures for the preparation and publication of the
Spring 2025 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.
A list of Commerce's most important significant regulatory and
deregulatory actions and a Statement of Regulatory Priorities are
included only in the fall editions of the Unified Agendas and, thus, do
not appear in the Spring 2025 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. In addition to regulations promulgated
by NOAA, BIS, and PTO, this issue also includes regulations to be
promulgated by, or that have been published and completed since the
Fall 2024 Unified Agenda by, the International Trade Administration
(ITA), the U.S. Census Bureau (CENSUS), the National Institute of
Standards and Technology (NIST), the National Telecommunications and
Information Administration (NTIA), the U.S. Economic Development
Administration (EDA), and the Office of the Secretary (OS).
Commerce's Spring 2025 Unified Agenda follows.

John Guenther,
Performing the Non-Exclusive Duties of the General Counsel.

General Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
17........................ Securing the Information 0605-AA51
and Communications
Technology and Services
Supply Chain.
18........................ Securing the Information 0605-AA60
and Communications
Technology and Services
Supply Chain: Licensing
Procedures.
------------------------------------------------------------------------

Bureau of Industry and Security--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
19........................ Securing the Information 0694-AK23
and Communications
Technology and Services
Supply Chain: Networking
Equipment and Services in
Data Centers.
------------------------------------------------------------------------

[[Page 45485]]

Bureau of Industry and Security--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
20........................ 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.
------------------------------------------------------------------------
21........................ Seafood Import Permitting 0648-BK85
and Reporting Procedures.
22........................ Amendment 125 to the 0648-BM64
Bering Sea and Aleutian
Islands Fishery
Management Plan; Pacific
Cod Small Boat Access.
23........................ Atlantic Coastal Fisheries 0648-BM38
Cooperative Management
Act Provisions; American
Lobster Fishery Vessel
Tracking for the Federal
American Lobster Fishery.
24........................ Framework Adjustment 69 to 0648-BN23
the Northeast
Multispecies Fishery
Management Plan.
25........................ Atlantic Highly Migratory 0648-BM08
Species; Amendment 16 to
the 2006 Consolidated
Atlantic Highly Migratory
Species Fishery
Management Plan.
26........................ Atlantic Highly Migratory 0648-BM88
Species; Revisions to
Commercial Atlantic
Blacknose and
Recreational Atlantic
Shark Fisheries.
27........................ Atlantic Highly Migratory 0648-BN27
Species; Demersal and
Pelagic Indicator Species.
28........................ Atlantic Highly Migratory 0648-BN52
Species; Revisions to
Fishing Gear Regulations.
29........................ Atlantic Highly Migratory 0648-BN53
Species; Prohibition on
Retention of Mobulid Rays.
30........................ Adjustment of North 0648-BN60
Atlantic Albacore, North
Atlantic Swordfish, South
Atlantic Swordfish, and
Atlantic Bluefin Tuna
Quotas.
31........................ Atlantic Highly Migratory 0648-BN68
Species; Revision of the
Expiration Date for
Swordfish and Shark
Limited Access Permits.
32........................ Atlantic Highly Migratory 0648-BN71
Species; Complementary
Regional Fishery
Management Council Area
Closures.
33........................ Pacific Island Fisheries; 0648-BN24
Omnibus Amendment to the
Fishery Ecosystem Plans
of the Pacific Islands
Region; Aquaculture
Management Program.
34........................ Cordell Bank Groundfish 0648-BN95
Conservation Area
Revisions.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
35........................ Designation of Critical 0648-BJ52
Habitat for Threatened
Indo-Pacific Reef-
Building Corals.
36........................ Designation of Critical 0648-BL86
Habitat for Rice's Whale
Under the Endangered
Species Act.
37........................ Rescinding the Definition 0648-BN93
of ``Harm'' under the
Endangered Species Act.
38........................ Recreational Quota Entity 0648-BN18
Program Fee Collection.
39........................ 2025 Black Sea Bass 0648-BN51
Recreational Management
Measures.
40........................ Atlantic Highly Migratory 0648-BM23
Species; Electronic
Reporting Requirements.
41........................ Secretarial Amendment to 0648-BN31
the Fishery Management
Plan for the Snapper-
Grouper Fishery of the
South Atlantic Region to
End Overfishing of Red
Snapper.
42........................ Amendment 34 to the 0648-BN15
Pacific Coast Groundfish
Fishery Management Plan--
Coral Research and
Restoration.
43........................ Magnuson-Stevens Act 0648-BN47
Provisions; Fisheries Off
West Coast States;
Pacific Coast Groundfish
Fishery; 2025 Harvest
Specifications for
Pacific Whiting, and 2025
Pacific Whiting Tribal
Allocation.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
44........................ Endangered and Threatened 0648-BM49
Wildlife and Plants;
Protective Regulations
for the Oceanic Whitetip
Shark (Carcharhinus
longimanus).
45........................ Endangered and Threatened 0648-BN07
Wildlife and Plants;
Protective Regulations
for the Giant Manta Ray
(Mobula birostris).
46........................ Magnuson-Stevens Fisheries 0648-BH87
Conservation and
Management Act;
Traceability Information
Program for Seafood.
47........................ Atlantic Highly Migratory 0648-BI10
Species; Research and
Data Collection in
Support of Spatial
Fisheries Management.
48........................ International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
49........................ International Fisheries; 0648-BL25
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Fishing Effort Limits in
Purse Seine Fisheries.
50........................ Limiting Gear Switching in 0648-BN56
the Pacific Coast
Groundfish Shorebased
Individual Fishing Quota
Program.
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[[Page 45486]]

National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
51........................ Amendments to the North 0648-BI88
Atlantic Right Whale
Vessel Strike Reduction
Rule.
52........................ Establishment of Time-Area 0648-BK04
Closures for Hawaiian
Spinner Dolphins Under
the Marine Mammal
Protection Act.
53........................ Illegal, Unreported, and 0648-BG11
Unregulated Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act.
54........................ Notice of Proposed 0648-BM52
Rulemaking for the
Designation Pacific
Remote Islands National
Marine Sanctuary.
------------------------------------------------------------------------

Patent and Trademark Office--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
55........................ Setting and Adjusting 0651-AD88
Patent Fees.
------------------------------------------------------------------------

Patent and Trademark Office--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
56........................ Setting and Adjusting 0651-AD64
Patent Fees During Fiscal
Year 2025.
------------------------------------------------------------------------

------------------------------------------------------------------------
Department of Commerce (DOC)
------------------------------------------- Long-Term Actions
General Administration (ADMIN)

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

17. SECURING THE INFORMATION AND COMMUNICATIONS TECHNOLOGY AND SERVICES
SUPPLY CHAIN [0605-AA51]

Legal Authority: 50 U.S.C. 1701; 3 U.S.C. 301; 50 U.S.C. 1601; E.O.
13873; E.O. 14034
Abstract: Pursuant to Executive Order 13873 of May
15,2019,''Securing the Information and Communications Technology and
Services Supply Chain'' and Executive Order 14034 of June 9, 2021,
Protecting Americans' Sensitive Data From Foreign Adversaries,'' the
Department of Commerce finalized the rule that sets forth the process
and procedures that the Secretary of Commerce 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. The
final rule became effective on February 4, 2025.
Timetable:

Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kellen Moriarty
Phone: 202 482-1329
RIN: 0605-AA51

18. SECURING THE INFORMATION AND COMMUNICATIONS TECHNOLOGY AND SERVICES
SUPPLY CHAIN: LICENSING PROCEDURES [0605-AA60]

Legal Authority: 50 U.S.C. 1701; 3 U.S.C. 301; 50 U.S.C. 1601; E.O.
13873; E.O. 14034
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
information and communications technology and services (ICTS)
transactions under 15 CFR part 791.
Timetable:

Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kellen Moriarty
Phone: 202 482-1329
RIN: 0605-AA60

------------------------------------------------------------------------
Department of Commerce (DOC)
------------------------------------------- Final Rule Stage
Bureau of Industry and Security (BIS)

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

19. <bullet> SECURING THE INFORMATION AND COMMUNICATIONS TECHNOLOGY AND
SERVICES SUPPLY CHAIN: NETWORKING EQUIPMENT AND SERVICES IN DATA
CENTERS [0694-AK23]

Legal Authority: 50 U.S.C. 1701; 50 U.S.C. 1601; 3 U.S.C. 301; E.O.
13873
Abstract: In this interim final rule (IFR), the Bureau of Industry
and Security (BIS) will implement controls to address risks to national
security and U.S. persons posed by certain transactions involving
classes of information and communications technology and services
(ICTS) supplied by entities under the ownership or control of, or
subject to the jurisdiction or direction of, a foreign adversary,
pursuant to Executive Order 13873 and the procedures set out in
subsequent rulemaking. BIS has determined that entities under the
ownership or control of, or subject to the jurisdiction or direction
of, a foreign adversary which deal in, install, or service networking
equipment and services in data centers present undue or unacceptable
risks to national security and U.S. persons.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 08/00/25
------------------------------------------------------------------------

[[Page 45487]]

Regulatory Flexibility Analysis Required: Yes
Agency Contact: Marc Coldiron, Department of Commerce, Bureau of
Industry and Security, 1401 Constitution Avenue NW, Washington, DC
20230
Phone: 202 482-3678
Email: <a href="/cdn-cgi/l/email-protection#4e232f3c2d602d21222a273c21200e2c273d602a212d60292138">[email&#160;protected]</a>
RIN: 0694-AK23

------------------------------------------------------------------------
Department of Commerce (DOC)
------------------------------------------- Long-Term Actions
Bureau of Industry and Security (BIS)

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

20. 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; E.O. 13984
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) 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 is
assessing public comments from its January 29, 2024, notice of proposed
rulemaking (NPRM) to E.O. 13984.
Timetable:

Regulatory Flexibility Analysis Required: Yes
Agency Contact: Marc Coldiron
Phone: 202 482-3678
Email: <a href="/cdn-cgi/l/email-protection#4e232f3c2d602d21222a273c21200e2c273d602a212d60292138">[email&#160;protected]</a>
RIN: 0694-AJ35

------------------------------------------------------------------------
Department of Commerce (DOC)
-------------------------------------------
National Oceanic and Atmospheric Proposed Rule Stage
Administration (NOAA)

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

NATIONAL MARINE FISHERIES SERVICE

21. SEAFOOD IMPORT PERMITTING AND REPORTING PROCEDURES [0648-BK85]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Following consideration of any necessary revisions or
recessions as directed by E.O. 14276 Restoring American Seafood
Competitiveness, NMFS may amend 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 may clarify 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 may also consider changes to species included under the
program if they are necessary to improve the program. U.S. seafood
importers may 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:

Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alexa Cole, Director, Office of International
Affairs, Trade, and Commerce, Department of Commerce, National Oceanic
and Atmospheric Administration, 1315 East-West Highway, Silver Spring,
MD 20910
Phone: 301 427-8286
Email: <a href="/cdn-cgi/l/email-protection#ea8b868f928bc48985868faa84858b8bc48d859c">[email&#160;protected]</a>
RIN: 0648-BK85

22. AMENDMENT 125 TO THE BERING SEA AND ALEUTIAN ISLANDS FISHERY
MANAGEMENT PLAN; PACIFIC COD SMALL BOAT ACCESS [0648-BM64]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council, this action would allow smaller hook-and-
line or pot catcher vessels operating in the Federal Bering Sea and
Aleutian Island (BSAI) Pacific cod (Gadus macrophalus) less than 60'
hook-and-line or pot catcher vessel sector to harvest Pacific cod from
the BSAI Pacific cod jig sector's allocation. Under the current
regulations, the BSAI Pacific cod jig sector only includes jig catcher
vessels and catcher processors. The proposed amendment would redefine
the current Federal BSAI Pacific cod jig sector to add hook-and-line
and pot catcher vessels that are less than or equal to 55' length
overall to the current definition. This proposed action is needed
because of reduced Pacific cod total allowable catch (TAC), shortened
seasons for the less than 60' hook-and-line and pot catcher vessel
Pacific cod sector, and the inability of these smaller vessels to
compete with larger vessels during poor weather. As such, the proposed
action would likely provide a small benefit to a small number of
fishery participants (those with smaller vessels). This action could
provide stability and additional opportunities for current fishery
participants and potential new entrants with smaller hook-and-line or
pot catcher vessels without negatively impacting vessels that operate
in the jig sector. However, larger hook-and-line or pot vessels could
be negatively impacted by the proposed action, which would likely
impact the historically common reallocations of projected unused
Pacific cod allocation from the jig sector to the less than 60' hook-
and-line or pot catcher vessel sector. The authority for this action is
Section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and
Management Act.
Timetable:

[[Page 45488]]

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/25
------------------------------------------------------------------------

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#771d1819591c02051b161913371918161659101801">[email&#160;protected]</a>
RIN: 0648-BM64

23. 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.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/25
------------------------------------------------------------------------

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#721f1b111a13171e5c02171c061d1c0b321c1d13135c151d04">[email&#160;protected]</a>
RIN: 0648-BM38

24. FRAMEWORK ADJUSTMENT 69 TO THE NORTHEAST MULTISPECIES FISHERY
MANAGEMENT PLAN [0648-BN23]

Legal Authority: 16 U.S.C. 1801
Abstract: The proposed action would implement management measures
included in Framework Adjustment 69 to the Northeast Multispecies
Fishery Management Plan (Framework 69) that were developed by the New
England Fishery Management Council in response to new scientific
information, pursuant to the rulemaking authorities under section
303(c) and 305(d) of the Magnuson-Stevens Fishery Conservation and
Management Act. This action would: Update status determination criteria
for groundfish stocks; Set fishing year 2025-2026 total allowable
catches (TAC) for the 3 U.S./Canada stocks eastern GB cod, eastern GB
haddock, and GB yellowtail flounder; Set annual specifications for
fishing years 2025-2027 for EGOM cod, WGOM cod, GB cod, SNE cod, GOM
haddock, GB haddock, American plaice, witch flounder, Pollock, and
Atlantic halibut; Review GB haddock sub-ACL in the midwater trawl/
herring fishery; Potentially revise sub-ACLs and/or the accountability
measures triggers for the scallop fishery's flatfish allocations;
Remove requirement for sectors to submit federal and state information
in sector operations plans; and Address measures as part of cod
management transition from two stocks to four.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/25
------------------------------------------------------------------------

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#573a3e343f36323b792732392338392e173938363679303821">[email&#160;protected]</a>
RIN: 0648-BN23

25. 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
America, 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 ended in August 2023.
The comments received to date provide helpful feedback on the potential
issues and ways forward. This rulemaking originated, in part, as a
result of numerous requests from the public to expand opportunities for
shark fishing. As a result of public comment received during scoping,
we are reconsidering the scope of the measures needed for this
rulemaking and may break out into some smaller actions into separate
rulemakings.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Intent.................... 05/08/23 88 FR 29617
Notice of Intent Comment Period End. 08/18/23
NPRM................................ 01/00/26
------------------------------------------------------------------------

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#1f747a737366317b7a71766b5f71707e7e31787069">[email&#160;protected]</a>
RIN: 0648-BM08

[[Page 45489]]

26. ATLANTIC HIGHLY MIGRATORY SPECIES; REVISIONS TO COMMERCIAL ATLANTIC
BLACKNOSE AND RECREATIONAL ATLANTIC SHARK FISHERIES [0648-BM88]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The National Marine Fisheries Service, on behalf of the
Secretary of Commerce, is responsible for managing Atlantic highly
migratory species (HMS) pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1801 et seq., and consistent
with the Atlantic Tunas Convention Act (ATCA), id. 971 et seq. This
proposed rule would consider options to: (1) remove the Atlantic
blacknose shark management boundary in the Atlantic region, (2) modify
the commercial retention limit for blacknose sharks in the Atlantic
region, (3) revise the recreational minimum size limits for authorized
Atlantic shark species, and (4) revise the recreational bag limits for
some authorized Atlantic shark species. This proposed rule would also
remove commercial management group quota linkages, consistent with
management measures established in Amendment 14 to the 2006
Consolidated HMS Fishery Management Plan (88 FR 4157, January 24,
2023). This action would affect the commercial and recreational
Atlantic shark fisheries in the Atlantic Ocean, Gulf of America, and
Caribbean Sea. In 2021, ex-vessel revenues for the entire Atlantic
shark fishery totaled approximately $2.6 million. This action is being
taken pursuant to the rulemaking authority under section 304(g) of the
Magnuson-Stevens Fishery Conservation and Management Act. 16 U.S.C.
1854(c). This rulemaking originated in part based on public comments
received during scoping for Amendment 16 (0648-BM08). The comments
expressed a need to provide additional flexibility in the regulations
to allow for additional shark harvest while also being mindful of
rebuilding overfished stock and preventing overfishing, consistent with
the Magnuson-Stevens Act.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/25
------------------------------------------------------------------------

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#b3d8d6dfdfca9dd7d6dddac7f3dddcd2d29dd4dcc5">[email&#160;protected]</a>
RIN: 0648-BM88

27. ATLANTIC HIGHLY MIGRATORY SPECIES; DEMERSAL AND PELAGIC INDICATOR
SPECIES [0648-BN27]

Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: The National Marine Fisheries Service (NMFS), on behalf
of the Secretary of Commerce, is responsible for managing Atlantic
highly migratory species (HMS) pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act and consistent with the Atlantic Tunas
Convention Act (ATCA), the implementing statute for binding
recommendations of the International Commission for the Conservation of
Atlantic Tunas. NMFS is considering changes to regulations regarding
demersal and pelagic indicator species in the HMS pelagic and bottom
longline fisheries in order to increase flexibility and remove
inefficiencies while still achieving fishery management and
conservation goals. Currently, to be considered a pelagic longline
vessel when fishing in a bottom longline closed area, no more than five
percent (by weight) of the species possessed or landed may be demersal
indicator species, as measured relative to the total weight of all
pelagic and demersal indicator species. Likewise, to be considered a
bottom longline vessel when fishing in a pelagic longline closed area,
no more than five percent (by weight) of the species possessed or
landed may be pelagic indicator species, as measured relative to the
total weight of all pelagic and demersal indicator species. While these
management measures helped achieve fishery management and conservation
goals in the past, the measures may no longer be necessary due to
changes in fishery monitoring methods and fishing techniques. In
addition, the indicator species lists may be outdated given the many
changes in species distributions, fishing gears, fishing techniques,
market conditions, and fishing interests that have occurred over the
years. This action could affect the pelagic longline and bottom
longline fisheries, which target swordfish, BAYS tunas (bigeye,
albacore, yellowfin, and skipjack), and sharks throughout the entire
range of the fisheries (Atlantic Ocean, Gulf of America, and Caribbean
Sea). In 2021, the swordfish, tunas, and sharks fisheries across all
regions and gear types had ex-vessel revenues of approximately $40.1
million, of which approximately 56 percent was associated with pelagic
longline gear and 3 percent from bottom longline gear. This action is
being taken pursuant to the rulemaking authority under section 304(g)
of the Magnuson-Stevens Fishery Conservation and Management Act. This
proposed rule takes into account public comments from the Fall 2021 HMS
Advisory Panel meeting and continued public requests to modify the HMS
regulations regarding demersal and pelagic indicator'' species in the
HMS pelagic and bottom longline fisheries. We plan to hold public
hearings on the proposed rule this year and engage with advisory bodies
and fishery management councils on this action.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/25
------------------------------------------------------------------------

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#92f9f7fefeebbcf6f7fcfbe6d2fcfdf3f3bcf5fde4">[email&#160;protected]</a>
RIN: 0648-BN27

28. <bullet> ATLANTIC HIGHLY MIGRATORY SPECIES; REVISIONS TO FISHING
GEAR REGULATIONS [0648-BN52]

[[Page 45490]]

opportunities, which in turn may affect the ability to achieve optimum
yield from the fisheries. This action would consider changes to fishing
gear regulations in HMS fisheries in order to increase flexibility and
remove inefficiencies while still achieving fishery management and
conservation goals. This action could affect the commercial buoy gear
and speargun fisheries, which fish for swordfish, bigeye, albacore,
yellowfin, and skipjack tunas, and sharks throughout the entire range
of the fishery (Atlantic Ocean, Gulf of America, and Caribbean Sea). In
2021, these fisheries across all regions and gear types had ex-vessel
revenues of approximately $27.8 million of which the specific gears
affected by this action are only a small portion. This action may also
consider overarching changes to increase flexibility regarding how bait
can be collected in all HMS fisheries. This action is being taken
pursuant to the rulemaking authority under 304(g)(1) of the Magnuson-
Stevens Fishery Conservation and Management Act or 16 U.S.C. 1854(c).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/25
------------------------------------------------------------------------

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#ddb6b8b1b1a4f3b9b8b3b4a99db3b2bcbcf3bab2ab">[email&#160;protected]</a>
RIN: 0648-BN52

29. <bullet> ATLANTIC HIGHLY MIGRATORY SPECIES; PROHIBITION ON
RETENTION OF MOBULID RAYS [0648-BN53]

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/25
------------------------------------------------------------------------

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#a0cbc5ccccd98ec4c5cec9d4e0cecfc1c18ec7cfd6">[email&#160;protected]</a>
RIN: 0648-BN53

30. <bullet> ADJUSTMENT OF NORTH ATLANTIC ALBACORE, NORTH ATLANTIC
SWORDFISH, SOUTH ATLANTIC SWORDFISH, AND ATLANTIC BLUEFIN TUNA QUOTAS
[0648-BN60]

Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: The National Marine Fisheries Service (NMFS), on behalf
of the Secretary of Commerce, is responsible for managing Atlantic
highly migratory species pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1801 et seq., and consistent
with the Atlantic Tunas Convention Act, id. 971 et seq., the
implementing statute for binding recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT). NMFS is
developing a rulemaking that would, on a temporary basis: adjust the
North Atlantic albacore tuna (northern albacore) annual baseline quota
for 2025 with available underharvest of the 2024 adjusted U.S. northern
albacore quota; adjust the North and South Atlantic swordfish annual
baseline quotas for 2025 with available underharvest of the 2024
adjusted U.S. swordfish quotas and international quota transfers; and
augment the 2025 Atlantic bluefin tuna Reserve category quota with
available underharvest of the 2024 adjusted U.S. bluefin tuna quota.
Existing regulations provide for such adjustments annually in order to
extend fishing opportunity, and NMFS takes such action each year when
complete catch information for the prior year is available. This
rulemaking would also consider changes to allow for the modification of
North Atlantic swordfish and bluefin tuna baseline quotas consistent
with the management procedures for these species as approved by ICCAT.
Regulatory changes in this action would affect the northern albacore
fishery in the Atlantic Ocean. Temporary quota adjustments in this
action would affect the bluefin tuna, northern albacore, and swordfish
fisheries for 2025 in the Atlantic Ocean. Implementation of the
management procedures may similarly affect these fisheries in future
years. This action is being taken pursuant to the rulemaking authority
under section 304(g)(1) of the Magnuson-Stevens Fishery Conservation
and Management Act or 16 U.S.C. 1854(c).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/25
------------------------------------------------------------------------

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#046f6168687d2a60616a6d70446a6b65652a636b72">[email&#160;protected]</a>
RIN: 0648-BN60

[[Page 45491]]

31. <bullet> ATLANTIC HIGHLY MIGRATORY SPECIES; REVISION OF THE
EXPIRATION DATE FOR SWORDFISH AND SHARK LIMITED ACCESS PERMITS [0648-
BN68]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The National Marine Fisheries Service (NMFS), on behalf
of the Secretary of Commerce, is responsible for managing Atlantic
highly migratory species pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1801 et seq., and consistent
with the Atlantic Tunas Convention Act, id. 971 et seq., the
implementing statute for binding recommendations of the International
Commission for the Conservation of Atlantic Tunas. Limited access
permits for the U.S. Atlantic swordfish and shark fisheries were
implemented in 1999 with the goals of rationalizing the fishing
capacity with the available quota and reducing latent effort. As part
of achieving those goals, these permits were implemented with an annual
renewal time period, and permits that were not renewed within one year
of expiring became invalid. Since implementation, NMFS has seen a
significant decrease in the number of valid swordfish and shark limited
access permits. To help address this decline, NMFS is developing a
proposed rule that considers modifications to the regulations that
currently prevent swordfish and shark limited access permits from being
renewed when the permit was not renewed within a year of its expiration
date.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/25
------------------------------------------------------------------------

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#81eae4ededf8afe5e4efe8f5c1efeee0e0afe6eef7">[email&#160;protected]</a>
RIN: 0648-BN68

32. <bullet> ATLANTIC HIGHLY MIGRATORY SPECIES; COMPLEMENTARY REGIONAL
FISHERY MANAGEMENT COUNCIL AREA CLOSURES [0648-BN71]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The National Marine Fisheries Service (NMFS), on behalf
of the Secretary of Commerce, is responsible for managing Atlantic
highly migratory species (HMS) pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1801 et seq., and consistent
with the Atlantic Tunas Convention Act, id. 971 et seq., the
implementing statute for binding recommendations of the International
Commission for the Conservation of Atlantic Tunas. NMFS is developing a
rule that would consider implementing area closures for HMS fisheries
that complement area closures for fisheries managed under non-HMS
fishery management plans. Some of these closures, for example the ones
for bottom longline gear, would be wholly new closures in HMS
fisheries. Other area closures, such as those related to the Madison-
Swanson and Steamboat Lumps closed areas, could include changes and
possibly additional restrictions to existing HMS area closures. The
Regional Fishery Management Councils requested that NMFS implement
these complementary measures in HMS fisheries to simplify enforcement
of protections for bottom habitat and reef species.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/25 .......................
------------------------------------------------------------------------

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#91faf4fdfde8bff5f4fff8e5d1fffef0f0bff6fee7">[email&#160;protected]</a>
RIN: 0648-BN71

33. PACIFIC ISLAND FISHERIES; OMNIBUS AMENDMENT TO THE FISHERY
ECOSYSTEM PLANS OF THE PACIFIC ISLANDS REGION; AQUACULTURE MANAGEMENT
PROGRAM [0648-BN24]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The NMFS proposes to amend the Fishery Ecosystem Plans
(FEP) for the American Samoa Archipelago, the Hawaii Archipelago, the
Marianas Archipelago, the Pacific Remote Island Areas, and the Pelagic
Fisheries of the Western Pacific. The amendments would establish a
Federal management program for aquaculture fisheries in Federal waters
of the U.S. exclusive economic zone of the Pacific Islands Region (PIR)
and would include regulations for implementing the program. The intent
of the proposed action is to manage commercial aquaculture production
in these waters. The Western Pacific Fishery Management Council
recommended the amendments recognizing the growing need and desire to
develop aquaculture and the possibility of user conflicts and effects
to the marine environment. The proposed action would apply to operators
of aquaculture facilities in Federal waters of the PIR. NMFS would
implement this action pursuant to the rulemaking authority under
Section 303(a) of the Magnuson-Stevens Fishery Conservation and
Management Act and implement regulations at 50 CFR 600.330(c)(1).
The action would likely result in minor to moderate economic
impacts. The impacts of implementing an aquaculture framework would
directly affect aquaculture operations by streamlining the permitting
process of developing new aquaculture operations. The action could also
affect a number of sectors of the economy throughout the PIR, ranging
from wild-capture fisheries, near-shore and on-shore aquaculture
operations, employment, to seafood markets. However, numerous factors
contribute to the uncertainty in forecasting the effects of developing
an aquaculture framework, including uncertainty associated with what
harvested products would be developed, what specific technology will be
used for production, where the facilities will be located. NMFS
predicts that, in the first five years that the framework is in place,
two operations would operate under the framework as implemented.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/25 .......................
------------------------------------------------------------------------

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#4b382a392a2365262a272724320b25242a2a652c243d">[email&#160;protected]</a>
RIN: 0648-BN24

34. <bullet> CORDELL BANK GROUNDFISH CONSERVATION AREA REVISIONS [0648-
BN95]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In accordance with a recommendation from the Council, the

[[Page 45492]]

National Marine Fisheries Service (NMFS) is proposing to open the
Cordell Bank Groundfish Conservation Area (GCA) off the coast of
central California, and implement a new Groundfish Exclusion Area (GEA)
over a portion of the existing GCA footprint to protect sensitive
habitat. This action would result in a net opening of approximately 40
square miles of historically important fishing grounds to California
fishermen while still protecting sensitive rocky reef habitat in the
Cordell Bank area. This action would also decrease regulatory
complexity and address enforcement challenges associated with other
overlapping closures in the area.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/25 .......................
------------------------------------------------------------------------

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#117b747f7f787774633f6064707f517f7e70703f767e67">[email&#160;protected]</a>
RIN: 0648-BN95

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

NATIONAL MARINE FISHERIES SERVICE

35. 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 withdrew
the 2020 proposed rule and published a new proposed rule. We proposed
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 the proposed rule, NMFS
considered economic, national security, and other relevant impacts of
the proposed designations, but we are not excluding 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 Comment Period Extended 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......................... 11/30/23 88 FR 83644
Second NPRM Comment Period End...... 02/28/24 .......................
Public Hearing...................... 12/22/23 88 FR 88587
Final Action........................ 07/00/25 .......................
------------------------------------------------------------------------

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#513a383c3334233d287f35303c3e3f7c23303f35303d3d113f3e30307f363e27">[email&#160;protected]</a>
RIN: 0648-BJ52

36. 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 America 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 a final rule that
revised the listing of Gulf of America 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 finalizes designation of critical habitat for the endangered
Rice's whale as one specific area within the Gulf of America 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 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#a8c3c1c5cacddac4d186ccc9c5c7c685dac9c6ccc9c4c4e8c6c7c9c986cfc7de">[email&#160;protected]</a>
RIN: 0648-BL86

37. <bullet> RESCINDING THE DEFINITION OF ``HARM'' UNDER THE ENDANGERED
SPECIES ACT [0648-BN93]

Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The U.S. Fish and Wildlife Service (FWS) and the National
Marine Fisheries Service (NMFS) (collectively referred to as the
Services or we) proposed to rescind the regulatory definition of harm''
in our Endangered Species Act (ESA or the Act) regulations. The
existing regulatory definition of harm,'' which includes

[[Page 45493]]

habitat modification, runs contrary to the best meaning of the
statutory term take.'' We are undertaking this change to adhere to the
single, best meaning 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#375c5e5a5552455b4e1953565a58591a45565953565b5b775958565619505841">[email&#160;protected]</a>
RIN: 0648-BN93

38. RECREATIONAL QUOTA ENTITY PROGRAM FEE COLLECTION [0648-BN18]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council, this proposed action would implement
regulations to establish the fee requirement for a Charter Halibut
Stamp and (consistent with any applicable legal requirements). The
Charter Halibut Stamp will be required for charter vessel anglers 18
years of age or older for each day they intend to harvest halibut on a
charter vessel fishing trip in regulatory areas 2C and 3A. This
includes charter halibut vessels operated and permitted under the
Community Quota Entity and Military Morale and Welfare programs. The
Sportfishing Guide Business Owner or their designee (as defined by
Alaska Department of Fish and Game) will be responsible for paying all
required fees. Charter vessel guides (as defined by NMFS) will be
responsible for ensuring there is a validated halibut stamp on the
vessel for each angler subject to the fee for each day of halibut
fishing. Fee payment and Charter Halibut Stamp validation would need to
occur prior to departure prior to the start of each fishing day. The
RQE program provides a mechanism for the charter fishery to compensate
the commercial IFQ fishery for halibut QS purchased from the commercial
sector to increase the charter annual catch limits. The Council stated
that the principle objective of the RQE program is to promote social
and economic flexibility in the charter fishery under a willing buyer
and willing seller approach.
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#177d7879397c62657b767973577978767639707861">[email&#160;protected]</a>
RIN: 0648-BN18

39. <bullet> 2025 BLACK SEA BASS RECREATIONAL MANAGEMENT MEASURES
[0648-BN51]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NOAA's National Marine Fisheries Service is proposing
this action pursuant to the authorities under sections 303(c) and
304(b) of the Magnuson-Stevens Fishery Conservation and Management Act.
The Mid-Atlantic Fishery Management Council and the Atlantic States
Marine Fisheries Commission jointly manage summer flounder, scup, and
black sea bass as a part of the Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan (FMP). At the joint meeting in December
2024, the Council and the Commission's Summer Flounder, Scup, and Black
Sea Bass Board recommended 2025 black sea bass recreational management
measures. For black sea bass, the Regional Administrator must implement
coastwide measures or approve conservation equivalent measures per 50
CFR 648.142(d) as soon as possible following the Council and
Commission's recommendation. This action proposed establishing
conservation equivalency (i.e., waiving Federal measures in lieu of
appropriate state water measures) for the recreational black sea bass
fisheries and proposes non-preferred coastwide measures to be effective
in Federal waters if, ultimately, we are unable to approve conservation
equivalency. This action proposed no changes to the Federal
recreational management measures for scup or summer flounder.
Timetable:

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#721f1b111a13171e5c02171c061d1c0b321c1d13135c151d04">[email&#160;protected]</a>
RIN: 0648-BN51

40. 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. NMFS proposed modifying and/or
expanding reporting requirements for Atlantic HMS, including reporting
by commercial, for-hire, and private recreational vessel owners and
dealers. Specifically, the proposed action considered requiring vessel
owners, who currently report in existing paper commercial logbooks
(i.e., Atlantic HMS logbook and the Southeast Coastal Fisheries Logbook
Program), to report electronically. NMFS also proposed implementing new
logbook requirements for vessel owners holding HMS Charter/Headboat
permits or Atlantic Tunas General category permits, Atlantic Tunas
Harpoon category permits, and/or Swordfish General Commercial permits.
The proposed action considered modifying reporting options for private
recreational vessel owners holding HMS Angling permits. Additionally,
the proposed rule considered requiring HMS dealers to report individual
fish weights for additional species (i.e., Atlantic bigeye, albacore,
yellowfin, and skipjack (BAYS) tunas, swordfish, and pelagic sharks).
Under the proposed rule, all HMS reporting would become electronic,
using systems or applications approved by NMFS for Atlantic HMS.
Finally, the proposed action proposed technical changes to clarify
certain HMS regulations. This action is being taken pursuant to the
rulemaking authority

[[Page 45494]]

under section 304(c) of the Magnuson-Stevens Fishery Conservation and
Management Act. 16 U.S.C. 1854(c). The proposed rule comment period
ended in January 2025. The comments received provide helpful feedback
on the potential proposed measures, which are under consideration by
the Agency. The Agency's final actions for this rulemaking will be
based in part on feedback and public comments received on the proposed
rule.
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#e58e8089899ccb81808b8c91a58b8a8484cb828a93">[email&#160;protected]</a>
RIN: 0648-BM23

41. SECRETARIAL AMENDMENT TO THE FISHERY MANAGEMENT PLAN FOR THE
SNAPPER-GROUPER FISHERY OF THE SOUTH ATLANTIC REGION TO END OVERFISHING
OF RED SNAPPER [0648-BN31]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The National Marine Fisheries Service (NMFS) proposes
regulations to implement the Secretarial Amendment pursuant to section
304(c)(1)(A) of the Magnuson-Stevens Fishery Conservation and
Management Act. The most recent stock assessment for red snapper
(Southeast Data, Assessment, and Review 73, 2021) indicated that red
snapper is overfished and undergoing overfishing, but the stock is
making adequate progress towards rebuilding. In July 2021, NMFS sent a
letter to the South Atlantic Fishery Management Council (Council)
stating that red snapper were overfished and that a plan to end
overfishing of the red snapper stock needed to be developed and
implemented. The Council developed Regulatory Amendment 35 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic Region (Regulatory Amendment 35) and if implemented, it would
have reduced the catch levels of red snapper, but it would not have
ended overfishing. The Council considered the results of a recent pilot
study on the possible overestimation of recreational fishing effort,
and Council members expressed their individual concerns with Regulatory
Amendment 35. The Council rescinded its final action to submit
Regulatory Amendment 35 to NMFS for implementation and no regulations
are in place to end overfishing. On June 14, 2024, NMFS implemented
interim measures to reduce overfishing by temporarily reducing the
catch limits for red snapper (89 FR 50350), and these measures are
effective through December 11, 2024. The Secretarial Amendment will
evaluate a range of alternatives for setting and managing catch for
South Atlantic red snapper to end overfishing and support rebuilding
objectives of the stock. The Secretarial Amendment would also explore
management strategies to increase fishing opportunities for red snapper
by transitioning the large number of dead recreational discards to
landed catch. NMFS will develop an environmental impact statement (EIS)
to describe and analyze alternatives to address the management needs
previously described, including the current or no action alternatives.
Possible actions that NMFS may consider to include in the EIS are, but
are not limited to adjusting catch levels, adjusting accountability
measures, and discard reduction measures. Based on a potential range of
actions and alternatives, including dead discard reduction seasons and
areas, and prior to conducting any actual economic effects analysis,
NMFS believes this rule may adversely affect all sectors and components
of the South Atlantic Snapper-Grouper fishery. This would include
owners and crew of commercial fishing vessels, charter vessels and
headboats, seafood dealers, and recreational anglers. Onshore support
businesses such as bait and tackle shops may also be adversely
affected. The magnitude of these effects will be determined by the
breadth and duration of proposed management measures aimed at reducing
red snapper dead discards.
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#13727d776a3d606761767f707b767078537d7c72723d747c65">[email&#160;protected]</a>
RIN: 0648-BN31

42. AMENDMENT 34 TO THE PACIFIC COAST GROUNDFISH FISHERY MANAGEMENT
PLAN--CORAL RESEARCH AND RESTORATION [0648-BN15]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In accordance with a recommendation from the Pacific
Fishery Management Council (Council) at their June 2024 meeting, and
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act, the National Marine Fisheries Service (NMFS) West Coast
Region proposes to implement a closure to commercial groundfish bottom
contact gear in the Monterey Bay National Marine Sanctuary (MBNMS).
Specifically, NMFS proposes to implement a groundfish exclusion area
for the purposes of coral research and restoration within the MBNMS at
the site of Sur Ridge. The purpose of this action is to close the Sur
Ridge site within the National Marine Sanctuaries off California to
commercial groundfish bottom contact gear in order to protect future
deep-sea coral research and restoration projects from the impact of
fishing gear. The coral research and restoration projects are intended
to restore injuries to natural resources, habitat, and biota resulting
from the sinking of the drydock YFD-70 at Pioneer Canyon in the MBNMS,
on October 26, 2016. This action is being taken as a result of
substantial public engagement through the Pacific Fishery Management
Council.
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#f09a959e9e99969582de8185919eb09e9f9191de979f86">[email&#160;protected]</a>
RIN: 0648-BN15

[[Page 45495]]

43. <bullet> MAGNUSON-STEVENS ACT PROVISIONS; FISHERIES OFF WEST COAST
STATES; PACIFIC COAST GROUNDFISH FISHERY; 2025 HARVEST SPECIFICATIONS
FOR PACIFIC WHITING, AND 2025 PACIFIC WHITING TRIBAL ALLOCATION [0648-
BN47]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would establish the 2025 harvest specifications
and allocations for Pacific Whiting. Through this rulemaking, NMFS
would announce the intent to establish a U.S. Total Allowable Catch
(TAC) level determined under the terms of the Agreement with Canada on
Pacific Hake/Whiting (Agreement) and the Pacific Whiting Act of 2006
(Whiting Act) and apply the interim percent allocation for the Tribal
fishery and set-asides (off the top deductions) for research and
bycatch to determine the fishery harvest guideline, called the non-
Tribal allocation, and sector allocations for three commercial whiting
sectors. As in prior years, the Tribal allocation is not intended to
set a precedent for future years. This action would be implemented
pursuant to the rulemaking authority under the Magnuson-Stevens Fishery
Conservation and Management Act (MSA) 304(b) and MSA section 305(d),
and the Pacific Whiting Act of 2006. Pursuant to MSA section 304(b),
this action would implement a recommendation from the Pacific Fishery
Management Council at their November 2024 meeting for the 2025 Pacific
whiting set-aside for research and bycatch. Pursuant to MSA section
305(d), this action would implement the annual Pacific whiting Treaty
allocation and 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).
Pursuant to the Pacific Whiting Act of 2006, this action would announce
the U.S. TAC level, and subsequent non-discretionary sector
allocations. The harvest specifications that would be implemented by
this action would be in effect for the Pacific Whiting fishery that
opens May 01, 2025 through December 31, 2025.
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#6e040b000007080b1c401f1b0f002e00010f0f40090118">[email&#160;protected]</a>
RIN: 0648-BN47

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

NATIONAL MARINE FISHERIES SERVICE

44. ENDANGERED AND THREATENED WILDLIFE AND PLANTS; PROTECTIVE
REGULATIONS FOR THE OCEANIC WHITETIP SHARK (CARCHARHINUS LONGIMANUS)
[0648-BM49]

Legal Authority: 16 U.S.C. 1533
Abstract: We propose protective regulations under section 4(d) of
the Endangered Species Act (ESA) for the conservation of the threatened
oceanic whitetip shark (Carcharhinus longimanus). The prohibitions
listed under section 9(a)(1) of the ESA automatically apply when a
species is listed as endangered. In the case of a species listed as
threatened, the first sentence of section 4(d) provides that the
Secretary of Commerce (Secretary) shall issue such regulations as
deemed necessary and advisable to provide for the conservation of the
species. The second sentence of section 4(d) states that the Secretary
may by regulation prohibit with respect to any threatened species any
or all acts prohibited under section 9(a)(1). The final rule to list
the oceanic whitetip shark as a threatened species under the ESA became
effective March 1, 2018 (83 FR 4153; January 30, 2018) and protective
regulations for the species were not adopted at that time. There is
increasing concern regarding the population-level impacts of ongoing
take (intentional in some cases) of oceanic whitetip sharks both in the
U.S. Pacific and Atlantic since the listing, which is legally allowed
to occur in the absence of protective regulations. For this reason, we
are now proposing to apply all of the prohibitions listed under ESA
sections 9(a)(1)(A) through 9(a)(1)(G) to the species with limited
exceptions for scientific research and law enforcement purposes.
Timetable:

Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kim Damon-Randall
Phone: 301 427-8400
Email: <a href="/cdn-cgi/l/email-protection#aac1c3c7c8cfd8c6d384cecbc7c5c487d8cbc4cecbc6c6eac4c5cbcb84cdc5dc">[email&#160;protected]</a>
RIN: 0648-BM49

45. ENDANGERED AND THREATENED WILDLIFE AND PLANTS; PROTECTIVE
REGULATIONS FOR THE GIANT MANTA RAY (MOBULA BIROSTRIS) [0648-BN07]

Legal Authority: 16 U.S.C. 1533
Abstract: We propose protective regulations under section 4(d) of
the Endangered Species Act (ESA) for the conservation of the giant
manta ray (Mobula birostris). The prohibitions listed under section
9(a)(1) of the ESA automatically apply when a species is listed as
endangered. In the case of a species listed as threatened, the first
sentence of section 4(d) provides that the Secretary of Commerce
(Secretary) shall issue such regulations as deemed necessary and
advisable to provide for the conservation of the species. The second
sentence of section 4(d) states that the Secretary may by regulation
prohibit with respect to any threatened species any or all acts
prohibited under section 9(a)(1). The final rule to list the giant
manta ray as a threatened species under the ESA was published on
January 22, 2018, and became effective February 21, 2018 (83 FR 2916).
Protective regulations for the species were not adopted at that time.
Since the publication of the final rule, new information has revealed
that giant manta ray bycatch occurs in many U.S. fisheries, including
likely high levels of at-vessel and post-release mortality. While the
most significant threat to the giant manta ray is overutilization
primarily by artisanal fisheries operating in areas outside of U.S.
jurisdiction, we are proposing to apply the section 9 prohibitions to
the species to reduce and mitigate fisheries-related mortality
resulting from bycatch in U.S. fisheries. We are proposing limited

[[Page 45496]]

exceptions to the prohibitions for scientific research and emergency
response and salvage activities.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/26 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kim Damon-Randall
Phone: 301 427-8400
Email: <a href="/cdn-cgi/l/email-protection#43282a2e2126312f3a6d27222e2c2d6e31222d27222f2f032d2c22226d242c35">[email&#160;protected]</a>
RIN: 0648-BN07

46. 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 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 the 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. Following
due consideration of necessary revisions or rescissions as directed by
E.O. 14276 Restoring American Seafood Competitiveness, a rulemaking
addressing the above issues may 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#4f2e232a372e612c20232a0f21202e2e61282039">[email&#160;protected]</a>
RIN: 0648-BH87

47. 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 rule addresses 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 America). 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 rule, 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 are 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 ended in October 2023. The comments
received to date provide helpful feedback on the potential issues and
ways forward. This rulemaking originated because of numerous requests
from the public to reconsider closed areas. The measures in the
proposed rule were developed after numerous scoping meetings and after
considering written comments.
Timetable:

Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kelly Denit
Phone: 301 427-8500
Email: <a href="/cdn-cgi/l/email-protection#3a515f565643145e5f54534e7a54555b5b145d554c">[email&#160;protected]</a>
RIN: 0648-BI10

48. 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
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................................ To Be Determined
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes
Agency Contact: Sarah Malloy
Phone: 808 725-5000
Email: <a href="/cdn-cgi/l/email-protection#0172607360692f6c606d6d6e78416f6e60602f666e77">[email&#160;protected]</a>
RIN: 0648-BG04

[[Page 45497]]

49. 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 rule implements separate U.S.
WCPO purse seine fishing effort limits for the high seas and U.S. EEZ.
This rule 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 rule 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 rule 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
Phone: 808 725-5000
Email: <a href="/cdn-cgi/l/email-protection#22514350434a0c4f434e4e4d5b624c4d43430c454d54">[email&#160;protected]</a>
RIN: 0648-BL25

50. <bullet> LIMITING GEAR SWITCHING IN THE PACIFIC COAST GROUNDFISH
SHOREBASED INDIVIDUAL FISHING QUOTA PROGRAM [0648-BN56]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The Pacific Fishery Management Council (Council)
recommended limiting the ability for participants in the West Coast
groundfish trawl catch share program (Program) to use non-trawl gear
types to prosecute the trawl fishery (termed gear switching). The
Council recommends that NMFS issue gear-specific quota pounds for
northern sablefish in years where the northern sablefish annual catch
limit is below 6,000 metric tons. Sablefish is a vital target and co-
occurring species in the Program. This action is proposed because the
use of quota for northern sablefish by participants engaging in gear
switching may lead to uncertainty in access to sablefish and other
species, such as Dover sole, by vessels using trawl gear. This
uncertainty may inhibit the development of markets and infrastructure
necessary to achieve optimum yield in the fishery, and the Program's
economic and community stability goals. The purpose of this action
would be to help stabilize the trawl fishery by limiting gear switching
for northern sablefish in years of relatively low abundance, while
maximizing gear flexibility and harvest opportunity in years of greater
abundance. An Advance Notice of Proposed Rulemaking, published on April
26, 2018 (0648-BH34), announced that the Council may or may not provide
credit for any gear switching related activities, after a control date
of after September 15, 2017, in any decision setting limits on gear
switching. In its recommended action, the Council incorporated
considerations of historical participation and quota ownership. Its
recommendation included a control date to allow higher levels of gear
switching, for qualifying participants, in years when gear switching
would be limited.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/26 .......................
------------------------------------------------------------------------

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#1b717e7575727d7e69356a6e7a755b75747a7a357c746d">[email&#160;protected]</a>
RIN: 0648-BN56

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

51. AMENDMENTS TO THE NORTH ATLANTIC RIGHT WHALE VESSEL STRIKE
REDUCTION RULE [0648-BI88]

Legal Authority: 16 U.S.C. 1361 et seq.; 16 U.S.C. 1531 et seq.
Abstract: NMFS published a proposed rule to amend the North
Atlantic Right Whale Vessel Strike Reduction Rule (per 50 CFR 224.105;
87 FR 46921, August 1, 2022). NMFS proposed this action to further
reduce the likelihood of mortalities and serious injuries to endangered
right whales from vessel collisions, which are a leading cause of the
species' decline and a primary factor in an ongoing Unusual Mortality
Event. The final rule will (1) modify the spatial and temporal
boundaries of current speed restriction areas, currently referred to as
Seasonal Management Areas (SMAs), (2) include most vessels greater than
or equal to 35 ft (10.7 m) and less than 65 ft (19.8 m) in length in
the vessel size class subject to speed restriction, (3) create a
Dynamic Speed Zone framework to implement mandatory speed restrictions
when whales are known to be present outside active SMAs, and (4) update
the speed rule's safety deviation provision. The final amendments to
current speed regulations reduce vessel strike risk based on a coast
wide collision mortality risk assessment and updated information on
right whale distribution, vessel traffic patterns, and vessel strike
mortality and serious injury events. NMFS solicited public comment on
the proposed action and received over 90,000 public comments. The
agency withdrew this proposed rule on January 16, 2025.
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#a0cbc9cdc2c5d2ccd98ec4c1cdcfce8dd2c1cec4c1cccce0cecfc1c18ec7cfd6">[email&#160;protected]</a>
RIN: 0648-BI88

[[Page 45498]]

52. 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 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#23484a4e4146514f5a0d47424e4c4d0e51424d47424f4f634d4c42420d444c55">[email&#160;protected]</a>
RIN: 0648-BK04

53. ILLEGAL, UNREPORTED, AND UNREGULATED FISHING; FISHERIES
ENFORCEMENT; HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT
[0648-BG11]

Legal Authority: Pub. L. 114-81
Abstract: This proposed rule would make conforming amendments to
regulations implementing the various statutes amended by the Illegal,
Unreported and Unregulated Fishing Enforcement Act of 2015 (Pub. L.
114-81). The Act amends several regional fishery management
organization implementing statutes as well as the High Seas Driftnet
Fishing Moratorium Protection Act. It also provides authority to
implement two new international agreements under the Antigua
Convention, which amends the Convention for the establishment of an
Inter-American Tropical Tuna Commission, and the United Nations Food
and Agriculture Organization Agreement on Port State Measures to
Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated
Fishing (Port State Measures Agreement), which restricts the entry into
U.S. ports by foreign fishing vessels that are known to be or are
suspected of engaging in illegal, unreported, and unregulated fishing.
This proposed rule would also implement the Port State Measures
Agreement. To that end, this proposed rule would require the collection
of certain information from foreign fishing vessels requesting
permission to use U.S. ports. It also includes procedures to designate
and publicize the ports to which foreign fishing vessels may seek entry
and procedures for conducting inspections of these foreign vessels
accessing U.S. ports. Further, the rule would establish procedures for
notification of: the denial of port entry or port services for a
foreign vessel, the withdrawal of the denial of port services if
applicable, the taking of enforcement action with respect to a foreign
vessel, or the results of any inspection of a foreign vessel to the
flag nation of the vessel and other competent authorities as
appropriate.
Timetable:

Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alexa Cole, Director, Office of International
Affairs, Trade, and Commerce, Department of Commerce, National Oceanic
and Atmospheric Administration, 1315 East-West Highway, Silver Spring,
MD 20910
Phone: 301 427-8286
Email: <a href="/cdn-cgi/l/email-protection#2c4d4049544d024f4340496c42434d4d024b435a">[email&#160;protected]</a>
RIN: 0648-BG11

54. 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
developing 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)
------------------------------------------- Proposed Rule Stage
Patent and Trademark Office (PTO)

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

55. <bullet> SETTING AND ADJUSTING PATENT FEES [0651-AD88]

Legal Authority: Pub. L. 112-29
The United States Patent and Trademark Office (USPTO or Office)
takes this action to set and adjust Patent fee amounts to provide the
Office with sufficient aggregate revenue to recover its aggregate cost
of operations thereby maintaining a sustainable funding model.
Timetable:

Regulatory Flexibility Analysis Required: Yes
Agency Contact: C. Brett Lockard, Director, Forecasting and
Analysis, Department of Commerce, Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450
Phone: 571 272-0928
Email: <a href="/cdn-cgi/l/email-protection#711219031802051e011914035f1d1e121a10031531040201051e5f161e07">[email&#160;protected]</a>
RIN: 0651-AD88

------------------------------------------------------------------------
Department of Commerce (DOC)
------------------------------------------- Completed Actions
Patent and Trademark Office (PTO)

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

[[Page 45499]]

56. SETTING AND ADJUSTING PATENT FEES DURING FISCAL YEAR 2025 [0651-
AD64]

Legal Authority: Pub. L. 112-29
Abstract: The United States Patent and Trademark Office (USPTO or
Office) takes this action to set and adjust Patent fee amounts to
provide the Office with sufficient aggregate revenue to recover its
aggregate cost of operations thereby maintaining a sustainable funding
model. The new fee amounts will provide the Office with additional
resources to decrease patent pendency and ensure robust and reliable
patent rights. The fee adjustments made in this final rule took effect
on January 19, 2025
Timetable:

Regulatory Flexibility Analysis Required: Yes
Agency Contact: C. Brett Lockard, Director, Forecasting and
Analysis, Department of Commerce, Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450
Phone: 571 272-0928
Email: <a href="/cdn-cgi/l/email-protection#22414a504b51564d524a47500c4e4d414943504662575152564d0c454d54">[email&#160;protected]</a>
RIN: 0651-AD64

[FR Doc. 2025-18325 Filed 9-19-25; 8:45 am]
BILLING CODE 3410-12-P

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