National Oceanic and Atmospheric Administration March 2005 – Federal Register Recent Federal Regulation Documents

In compliance with the National Environmental Policy Act of 1969, NMFS announces the availability of a Record of Decision (ROD) regarding a final environmental impact statement(FEIS) that was prepared to determine whether future action is needed to minimize to the extent practicable possible adverse effects of fishing, that are more than minimal and not temporary in nature, on Atlantic herring essential fish habitat (EFH) and of Atlantic herring fishing on the EFH of other managed species. The FEIS was prepared to address EFH requirements of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). This ROD documents the decision by NMFS that No Action is required at this time to minimize potential adverse effects of fishing on EFH.

The Groundfish Stock Assessment Review (STAR) Panel for English sole, petrale sole, and starry flounder will hold a work session that is open to the public. The purpose of the meeting is to review draft stock assessment documents and any other pertinent information, work with the Stock Assessment Teams to make necessary revisions, and produce a STAR Panel report for use by the Council family and other interested persons. No management actions will be decided.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

NMFS proposes regulations to implement measures in FW 40B to the NE Multispecies Fishery Management Plan (FMP). FW 40B was developed by the New England Fishery Management Council (Council) to modify existing effort control programs implemented under Amendment 13 to the FMP to improve the effectiveness of these programs and to create additional opportunities for commercial fishing vessels in the fishery to target healthy groundfish stocks. In addition, this action includes measures that would increase the information available to assess groundfish bycatch in the herring fishery.

NMFS is reopening directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to utilize the remaining amount of the 2005 first seasonal allowance of the Pacific cod total allowable catch (TAC) specified for catcher vessels using trawl gear in the BSAI.

Notice is hereby given that the NMFS Pacific Islands Regional Office (PIRO), 1601 Kapiolani Blvd., Ste. 1110, Honolulu, HI 96814, has been issued a permit to take green (Chelonia mydas), leatherback (Dermochelys coriacea), loggerhead (Caretta caretta), olive ridley (Lepidochelys olivacea), and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

On September 27, 2004, NMFS announced that the Assistant Regional Administrator, Northeast Region, NOAA Fisheries (Assistant Regional Administrator) was proposing to issue Exempted Fishing Permits (EFPs) in response to an application submitted by the University of Rhode Island, Department of Fisheries, Animal and Veterinary Science (URI). These EFPs would allow three commercial fishing vessels to conduct a bycatch reduction study in the directed haddock bottom trawl fishery, using side-by-side tows to compare the control net with one experimental large-mesh net. The Federal Register notification announcing these EFPs had an incorrect end date of November 2005. This notice is intended to inform the public that the corrected end date is December 2005.

The North Pacific Fishery Management Council (Council) has submitted Amendment 10 to the Fishery Management Plan for the Scallop Fishery off Alaska (FMP) for review by the Secretary of Commerce (Secretary). Amendment 10 would modify the gear endorsements under the license limitation program (LLP) for the scallop fishery to increase the dredge size allowed on vessels that qualify for the gear restriction endorsement. This action is necessary to allow increased participation by LLP license holders in the scallop fisheries off Alaska. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), the FMP, and other applicable laws.

The purpose of this document is to advise the public that NOS/ CSCOR is soliciting proposals for the Oceans and Human Health Initiative External Grants Program. This funding opportunity is offered as part of NOAA's new Oceans and Human Health Initiative (OHHI), established by the Oceans and Human Health Act passed by Congress in November 2004. The OHHI is a competitive suite of programs designed to enhance understanding of the connections between the oceans and human health, with the goal of providing useful research and predictive information to NOAA, public health officials, and natural resource managers. For the purposes of this announcement, ``oceans'' are defined as inclusive of the Great Lakes, estuaries, and the ocean.

The Mid-Atlantic Fishery Management Council (Council) announces its intention to prepare, in cooperation with NMFS, an EIS in accordance with the National Environmental Policy Act to assess potential effects on the human environment of alternative measures for managing the golden tilefish (Lopholatilus chamaeleonticeps) fishery pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). The Council intends to develop Amendment 1 to the Tilefish Fishery Management Plan (FMP) to address: The possible implementation of an individual fishing quota system; consideration of possible new methods to collect landings information for the commercial fishery; possible recreational management measures; possible establishment of required minimum hook size and/or hook configuration in the commercial tilefish fishery; and, methods to allow new entrants into the commercial fishery as the stock recovers. This notice announces a public process for determining the scope of issues to be addressed and for identifying the significant issues relating to management of tilefish. The intended effect of this notice is to alert the interested public of the scoping process, the development of the Draft EIS, and to provide for public participation.

This notice is a call for nominees for the U.S. Delegation to the June 2005 International Whaling Commission (IWC) annual meeting. The non-federal representative(s) selected as a result of this nomination process is(are) responsible for providing input and recommendations to the U.S. IWC Commissioner representing the positions of non-governmental organizations. Generally, only one non-governmental position is selected for the U.S. Delegation.

Notice is hereby given that NMFS has received three scientific research permit applications and two modification requests relating to Pacific salmon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts.

Notice is hereby given that Karen G. Holloway-Adkins, Executive Director of East Coast Biologists, Inc., Indialantic, FL 32903, has requested a modification to scientific research Permit No. 1409.

NMFS is prohibiting directed fishing for pollock in Statistical Area 620 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the B season allowance of the 2005 total allowable catch (TAC) of pollock for Statistical Area 620 of the GOA.

NMFS announces that the Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) proposes to recommend that an exempted fishing permit (EFP) be issued in response to an application submitted by the Cape Cod Commercial Hook Fishermen's Association (CCCHFA), in collaboration with the New England Aquarium and NMFS. The EFP would allow up to 20 vessels to retain undersized Atlantic cod (Gadus morhua) while fishing in the Georges Bank Cod Hook Sector Area from approximately May 2005 through April 2006. The Assistant Regional Administrator has made a preliminary determination that the application contains all of the required information and warrants further consideration and that the activities to be authorized under the EFP would be consistent with the goals and objectives of the Northeast Multispecies Fishery Management Plan. However, further review and consultation may be necessary before a final determination is made to issue an EFP.

The North Pacific Fishery Management Council (Council) and its advisory committees will hold public meetings in Anchorage, AK.

NMFS has received an application from the Lamont-Doherty Earth Observatory (L-DEO), a part of Columbia University, for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to conducting a low-energy, shallow- penetrating seismic survey and scientific rock dredging program around the Aleutian Islands. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to L-DEO to incidentally take, by harassment, small numbers of several species of cetaceans and pinnipeds for a limited period of time within the next year.

Notice is hereby given that the NMFS Northeast Fisheries Science Center (Responsible Official- Dr. John Boreman), 166 Water Street, Woods Hole, MA 02543-1097, has requested a modification to scientific research Permit No. 1295.

Notice is hereby given that Paul Nachtigall, Ph.D., University of Hawaii at Manoa, Hawaii Institute of Marine Biology, P.O. Box 1346, Kaneohe, Hawaii 96744, has been issued an amendment to scientific research Permit No. 978-1567-00.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

This notice announces receipt of an application for an exempted fishing permit (EFP) from John Gauvin and John Gruver. If granted, this permit would be used to continue the development and testing of a salmon excluder device in the Bering Sea pollock trawl fishery. It is intended to promote the objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) by developing a method for reducing salmon bycatch in the Bering Sea pollock trawl fishery.

The Mid-Atlantic Fishery Management Council announces its intention to hold scoping meetings to seek public comment on issues to be addressed when developing Amendment 1 to the Tilefish Fishery Management Plan pursuant to the Magnuson Stevens Fishery Conservation and Management Act of 1976, as amended. The purpose of these scoping meetings is to solicit input on management issues to be included in Amendment 1. It is anticipated that the following issues will be discussed at these meetings: the possible implementation of an individual fishing quota system; consideration of possible new methods to collect landings information for the commercial fishery; recreational management measures; a required minimum hook size and/or hook configuration in the commercial tilefish fishery; and, methods to allow new entrants into the commercial fishery as the stock recovers.

NMFS is closing directed fishing for yellowfin sole by vessels using trawl gear in Bycatch Limitation Zone 1 (Zone 1) of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 bycatch allowance of red king crab specified for the trawl yellowfin sole fishery in Zone 1.

This document contains corrections to the final regulations that were published in the Federal Register on Thursday, December 23, 2004. These regulations implemented the 2005-2006 fishery specifications and management measures for groundfish taken in the U.S. exclusive economic zone off the coasts of Washington, Oregon, and California.