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

The purpose of this notice is to advise the public that the Office of Oceanic and Atmospheric Research (OAR), on behalf of the National Ocean Partnership Program (NOPP), is entertaining preliminary proposals (Letters of Intent) and subsequently full proposals for sustaining (e.g., deployment, data management, technology infusion) the U.S. contribution to the global Argo array of profiling floats and develop the technology, principles and protocols to transition Argo to pre-operational status. It is expected that approximately $9,200,000 annually will be available for the project.

The National Marine Sanctuary Program (NMSP) has developed a final policy and permitting guidelines for applications to establish artificial reefs within National Marine Sanctuaries. The NMSP is releasing its final policy and permitting guidelines, and responding to comments on the interim final policy.

Notice is hereby given that NOAA Fisheries has received applications to grant permit to (Permit 1090), Mattole Salmon Group, Petrolia, CA. This permit would affect SONCC coho salmon (Oncorhynchus kisutch), California Coastal (CC) Chinook salmon (O. tshawytscha) and Northern California (NC) steelhead (O. mykiss) This document serves to notify the public of the availability of the permit application for review and comment before a final approval or disapproval is made by NMFS.

NMFS issues this temporary rule for a period of 30 days, to allow shrimp fishermen to use limited tow times as an alternative to Turtle Excluder Devices (TEDs) in state and Federal waters from the Florida/Alabama border, westward to the boundary of Cameron Parish, Louisiana (approximately 92[deg] 37' W. long.), and extending offshore 50 nautical miles. This action is necessary because environmental conditions resulting from Hurricane Katrina are preventing some fishermen from using TEDs effectively.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Rhode Island Coastal Management Program, the Chesapeake Bay-Maryland National Estuarine Research Reserve, the Delaware Coastal Management Program and Delaware National Estuarine Research Reserve, and the Georgia Coastal Management Program. The Coastal Zone Management Program evaluations will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended (CZMA) and regulations at 15 CFR part 923, subpart L. The National Estuarine Research Reserve evaluations will be conducted pursuant to sections 312 and 315 of the CZMA and regulations at 15 CFR part 921, subpart E and part 923, subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of Coastal Management Programs and National Estuarine Research Reserves requires findings concerning the extent to which a state has met the national objectives, adhered to its Coastal Management Program document or Reserve final management plan approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. Each evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, state, and local agencies and members of the public. A public meeting will be held as part of the site visit. Notice is hereby given of the dates of the site visits for the listed evaluations, and the dates, local times, and locations of the public meeting during the site visits. The Rhode Island Coastal Management Program evaluation site visit will be held November 14-18, 2005. One public meeting will be held during the week. The public meeting will be held on Tuesday, November 15, 2005, at 7:30 p.m. at the Narragansett Bay Commission Board Room, One Service Road, Providence, Rhode Island. The Chesapeake Bay-Maryland National Estuarine Research Reserve evaluation site visit will be held November 14-16, 2005. One public meeting will be held during the week. The public meeting will be held on Monday, November 14, 2005, at 7 p.m. at the Jug Bay Sanctuary, 1361 Wrighton Road, Lothian, Maryland. The Delaware Coastal Management Program and Delaware National Estuarine Research Reserve joint evaluation site visit will be held December 5-9, 2005. One public meeting will be held during the week. The joint public meeting will be held on Wednesday, December 7, 2005, at 6 p.m. at 818 Kitts Hummock Road, Dover, Delaware. The Georgia Coastal Management Program evaluation site visit will be held December 12-16, 2005. One public meeting will be held during the week. The public meeting will be held on Tuesday, December 13, 2005, at 1 p.m. at the Coastal Electric Membership Cooperative, 1265 South Coastal Highway (U.S. 17), Midway, Georgia. Copies of states' most recent performance reports, as well as OCRM's evaluation notification and supplemental information request letters to the states, are available upon request from OCRM. Written comments from interested parties regarding these Programs are encouraged and will be accepted until 15 days after the public meeting held for a Program. Please direct written comments to Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, N/ORM7, Silver Spring, Maryland 20910. When the evaluations are completed, OCRM will place a notice in the Federal Register announcing the availability of the Final Evaluation Findings. Notice is hereby given of the availability of the final evaluation findings for the Florida, Mississippi, and Washington Coastal Management Programs (CMPs); and the Padilla Bay (Washington) and North Carolina National Estuarine Research Reserves (NERRs). Sections 312 and 315 of the Coastal Zone Management Act of 1972 (CZMA), as amended, require a continuing review of the performance of coastal states with respect to approval of CMPs and the operation and management of NERRs. The states of Florida, Mississippi, and Washington were found to be implementing and enforcing their federally approved coastal management programs, addressing the national coastal management objectives identified in CZMA Section 303(2)(A)-(K), and adhering to the programmatic terms of their financial assistance awards. Padilla Bay (Washington) and North Carolina NERRs were found to be adhering to programmatic requirements of the NERR System. Copies of these final evaluation findings may be obtained upon written request from: Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, N/ORM7, Silver Spring, Maryland 20910, or Ralph.Cantral@noaa.gov.

NMFS issues this proposed rule to implement Generic Amendment 3 to the Fishery Management Plans (FMPs) of the Gulf of Mexico (EFH Amendment 3) prepared by the Gulf of Mexico Fishery Management Council (Council). EFH Amendment 3 would amend each of the seven Council FMPs - shrimp, red drum, reef fish, coastal migratory pelagic resources, coral and coral reefs, stone crab, and spiny lobster- to describe and identify essential fish habitat (EFH); minimize to the extent practicable the adverse effects of fishing on EFH; and encourage conservation and management of EFH. This proposed rule would establish additional habitat areas of particular concern (HAPCs), restrict fishing activities within HAPCs to protect EFH, and require a weak link in bottom trawl gear to protect EFH. The intended effect of this proposed rule is to facilitate long-term protection of EFH and, thus, better conserve and manage fishery resources in the Gulf of Mexico.

On September 12, 2005, a notice of public hearings by the Mid- Atlantic Fishery Management Council was announced in the Federal Register. That document contained an error in relation to the comment acceptance period under the DATES heading. This document corrects that error. All other information remains the same.

The North Pacific Fishery Management Council's (Council) Non- Target Species Committee will meet.

The Pacific Fishery Management Council's (Council) Groundfish Management Team (GMT) will hold a working meeting, which is open to the public.

The Western Pacific Fishery Management Council (Council) will hold its Crustaceans Plan Team (CPT) meeting in Honolulu, HI. (see SUPPLEMENTARY INFORMATION for specific times, dates, and agenda items).

NOAA publishes this notice to extend the solicitation period on the Community-based Marine Debris Prevention and Removal Project Grants and the Research in Satellite Oceanography grant both of which were originally announced in the Federal Register on June 30, 2005. The solicitation periods for these programs were extended to provide the public more time to submit proposals.

The Pacific Fishery Management Council's (Council) Coastal Pelagic Species Advisory Subpanel (CPSAS) and Coastal Pelagic Species Management Team (CPSMT) will hold separate work sessions, which are open to the public.

NMFS announces that the commercial salmon fishery in the area from the U.S.-Canada Border to Cape Falcon, OR, was modified to close at midnight on Tuesday, August 23, 2005. On August 23, 2005, NMFS determined that available catch and effort data indicated that the modified quota of 15,700 Chinook salmon would be reached by midnight. This action was necessary to conform to the 2005 management goals.

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 advises the public that a scientific research permit has been issued to the Confederated Tribes of the Colville Reservation, pursuant to the Endangered Species Act of 1973 (ESA), and that the decision documents are available upon request.

NMFS is opening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) for 24 hours. This action is necessary to fully use the C season allowance of the 2005 total allowable catch (TAC) of pollock specified for Statistical Area 630.

The Pacific Fishery Management Council's (Council) Highly Migratory Species Management Team (HMSMT) and Ad Hoc Highly Migratory Species Management Committee (HMSMC) will hold work sessions, which are open to the public.

The Mid-Atlantic Fishery Management Council (Council), its Research Set-Aside Committee, its Joint Spiny Dogfish Committee, its Ecosystems Committee, its Law Enforcement Committee, its Atlantic Mackerel, Squid, Butterfish Committee, and its Executive Committee will hold public meetings.

The Flower Garden Banks National Marine Sanctuary (FGBNMS or Sanctuary) is seeking applicants for the Commercial Fishing seat on its Sanctuary Advisory Council (Council). The Applicant will be selected based upon his or her particular expertise and experience in relation to the seat for which he or she is applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the Sanctuary. The Applicant chosen as a member should expect to serve a 2-year term, pursuant to the Council's Charter.

NMFS establishes regulations to implement an industry fee system for repaying a $97,399,357.11 Federal loan financing a fishing capacity reduction program in the Bering Sea/Aleutian Islands King and Tanner Crab fishery. This action implements the fee system.

NMFS announces the availability of Generic Amendment 3 to the Fishery Management Plans (FMP) of the Gulf of Mexico (EFH Amendment 3) prepared by the Gulf of Mexico Fishery Management Council (Council). EFH Amendment 3 would amend each of the seven Council FMPs -coral and coral reef resources, coastal migratory pelagics, red drum, reef fish, shrimp, spiny lobster, and stone crab- to describe and identify essential fish habitat (EFH); minimize to the extent practicable the adverse effects of fishing on EFH; and encourage conservation and management of EFH. This amendment would establish additional habitat areas of particular concern (HAPC), restrict fishing activities within HAPCs to protect EFH, and require a weak link in bottom trawl gear to protect EFH. The intended effect of EFH Amendment 3 is to facilitate long-term protection of EFH, and, thus, better conserve and manage fishery resources in the Gulf of Mexico.

The National Oceanic and Atmospheric Administration, National Ocean Service publishes this notice to re-open the competitive solicitation for the Coral Reef Ecosystem Studies (CRES) program to provide the public more time to submit proposals

This final rule implements Framework Adjustment 41 (FW 41) to the Northeast (NE) Multispecies Fishery Management Plan (FMP), developed by the New England Fishery Management Council (Council), which expands participation in the existing Closed Area (CA) I Hook Gear Haddock Special Access Program (SAP) to all NE multispecies limited access days-at sea (DAS) vessels fishing with hook gear. This action also modifies some of the management measures currently applicable to the Georges Bank (GB) Cod Hook Sector (Sector) vessels when declared into the CA I Hook Gear Haddock SAP by including modification of the season, haddock total allowable catch (TAC), and restricting vessels to fishing only inside the SAP area on trips declared into the SAP. In addition, NMFS clarifies regulations pertaining to fishing in the Eastern U.S./Canada Haddock SAP Pilot Program Area. Specifically, during the time the SAP is open, eligible vessels can choose to fish in the SAP, and fish outside the SAP in the open areas of the Eastern U.S./Canada Area. This action is intended to mitigate the economic and social impacts resulting from Amendment 13 to the FMP and to meet the conservation and management requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).

NMFS issues this final rule to amend the regulations implementing the Fishery Management Plan (FMP) for the Atlantic bluefish fishery and the FMP for the summer flounder, scup, and black sea bass fisheries. This rule makes administrative changes that will allow NMFS to consider and process state commercial quota transfer requests that address late-season circumstances that necessitate a state quota transfer. The intent of this action is solely to provide the flexibility to address unpredictable late-season events (such as severe weather or port obstruction) that may result in safety concerns in the commercial bluefish and summer flounder fisheries.

NMFS is opening directed fishing for pollock in Statistical Area 620 of the Gulf of Alaska (GOA) for 96 hours. This action is necessary to fully use the C season allowance of the 2005 total allowable catch (TAC) of pollock specified for Statistical Area 620.