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

Notice is hereby given that Jane Provancha, Dynamac Corporation, 100 Spaceport Way, Cape Canaveral, FL 32920, has been issued a permit to take green (Chelonia mydas) and loggerhead (Caretta caretta) sea turtles for purposes of scientific research.

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

NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 11 to the Coastal Pelagic Species Fishery Management Plan (FMP) for Secretarial review. Amendment 11 would change the framework for the annual apportionment of the Pacific sardine harvest guideline along the U.S. Pacific coast. The purpose of Amendment 11 is to achieve optimal utilization of the Pacific sardine resource and equitable allocation of the harvest opportunity for Pacific sardine.

The New England Fishery Management Council's (Council) Habitat/Marine Protected Area (MPA) Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

Notice is hereby given that Carlos Diez, Departamento de Recursos Naturales y Abmientales de Puerto Rico, P.O. Box 9066600, San Juan, Puerto Rico 00906-6600, has requested a modification to scientific research Permit No. 1518.

NMFS issues this temporary rule to allow shrimp fishermen to continue to use limited tow times as an alternative to Turtle Excluder Devices (TEDs) in inshore and offshore waters from the Florida/Alabama border, westward to the boundary shared by Matagorda and Brazoria Counties, Texas, and extending offshore 50 nautical miles, as initially authorized in rules published on September 28 and October 14, 2005. This action is necessary because environmental conditions resulting from Hurricanes Katrina and Rita persist on the fishing grounds, preventing some fishermen from using TEDs effectively.

We are extending the application deadline for the Availability of Seats for the Channel Islands National Marine Sanctuary Advisory Council. The original notice was published on September 08, 2005, (Volume 70, Number 173) [Notices] [Page 53347-53348].

The North Pacific Fishery Management Council's (NPFMC) Gulf of Alaska (GOA) and Bering Sea/Aleutian Islands (BS/AI) groundfish plan teams will meet in Seattle.

This announcement provides notice that the Puerto Rico Highway and Transportation Authority has filed an administrative appeal with the Department of Commerce asking that the Secretary override the Puerto Rico Planning Board's objection to a consistency certification prepared in conjunction with the proposed reconstruction of a stone revetment and replacement of a bridge at Aguadilla Bay.

NMFS suspends the minimum size limit of 4.75 inches (120 mm) for Atlantic surfclams for the 2006 fishing year. This action is taken under the authority of the implementing regulations for this fishery, which allow for the annual suspension of the minimum size limit based upon set criteria. The intended effect is to relieve the industry from a regulatory burden that is not necessary, as the majority of surfclams harvested are larger than the minimum size limit.

The Western Pacific Fishery Management Council (Council) will hold its 129th meeting to consider and take actions on fishery management issues in the Western Pacific Region.

The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Tuesday, November 8, 2005, from 8:30 a.m. to 12:45 p.m. and Wednesday, November 9, 2005, from 9 a.m. to 4 p.m. These times and the agenda topics described below are subject to change. Refer to the Web page https://www.sab.noaa.gov/ Meetings/meetings.html for the most up-to-date meeting agenda. Place: The meeting will be held both days at the Beacon Hotel, 1615 Rhode Island Avenue NW., Washington, DC 20036. Status: The meeting will be open to public participation with a 30- minute public comment period on November 8 from 12:15 p.m. to 12:45 p.m. (check Web site to confirm this time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Written comments (at least 35 copies) should be received in the SAB Executive Director's Office by November 1, 2005 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after November 1 will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seats will be available on a first-come, first-served basis. Matters To Be Considered: The meeting will include the following topics: (1) Discussion and approval of the Report of the ``Evaluation of NOAA's Response to the Research Review Report''; (2) Approval of NOAA Cooperative Institute (CI) Reviews (the CI for Climate and Ocean Research and the CI for Limnology and Ecosystems Research); (3) Briefings on NOAA's role related to Hurricanes Katrina and Rita; (4) Updates from the Reviews of NOAA Ecosystem Science and Research and of NOAA Physical and Social Sciences; (5) Briefing on the reauthorization of the Magnuson Stevens Fishery Conservation and Management ActUpdate on provisions in the Administration's proposed bill regarding science and data collection; and (6) Report on the Review of the National Sea Grant College Extension Program and a Call for Greater National Commitment to Engagement.

This final rule clarifies certain requirements and delays the effective date for the implementation of some of the measures specified in Framework 17 to the Atlantic Sea Scallop Fishery Management Plan (Framework 17), which was developed and submitted by the New England Fishery Management Council (Council) and approved by NMFS. The measures require that vessels issued a general category scallop permit, and that land or intend to land over 40 lb (18.14 kg) of shucked or 5 bu (176.2 L) of unshucked scallops, install and operate vessel monitoring systems (VMS) in order to provide more complete monitoring of the general category scallop fleet. Delay of the October 21, 2005, effective date is necessary to allow sufficient time for vessel owners to purchase, install, and activate VMS required under Framework 17. The new effective date is December 1, 2005.

The National Oceanic and Atmospheric Administration, National Ocean Service, publishes this notice to amend the competitive solicitation for the Ecological Forecasting (ECOFORE) program to provide an opportunity for commercial entities to submit proposals and to extend the solicitation period to provide the public more time to submit proposals.

This document contains corrections to the inseason adjustments that became effective on October 1, 2005. The inseason adjustment contained an error in the limited entry trawl trip limit table, Table 3 (South), on page 58076. The trip limit for petrale sole on line 16 should have been closed only south of 38[deg] N. lat., as stated in the preamble, rather than south of 40[deg]10' N. lat. as depicted in the table. These regulations implemented changes to 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.

NMFS is opening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) for 48 hours. This action is necessary to fully use the 2005 total allowable catch (TAC) of pollock specified for Statistical Area 630.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Social Sciences Advisory Committee in November, 2005 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

The Pacific Islands Regional Office of NMFS will hold two public meetings related to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (``Convention''). The purposes of the meetings are: to seek specific input for the U.S. delegation to the December 2005 session of the Commission established by the Convention, of which the United States is currently a cooperating non-member; and to provide general information about, and seek public input on, potential regulatory and other actions to be taken by NMFS should the U.S. Senate ratify the Convention and the Congress enact implementing legislation.

NMFS is prohibiting directed fishing for pollock in Statistical Area 610 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2005 total allowable catch (TAC) of pollock for Statistical Area 610 of the GOA.

This action reinstates the temporary regulations published in the Federal Register on September 9, 2005, and establishes the prohibition that was inadvertently omitted in the September 9, 2005 rule. In the September 9, 2005, temporary rule, NMFS continued the closure through September 30, 2005, of one portion of an area it had previously closed on June 16, 2005, to the harvest for human consumption of certain bivalve molluscan shellfish due to the presence in those waters of the toxin that causes Paralytic Shellfish Poisoning (PSP). The prohibition of harvesting whole or roe-on sea scallops, only, in the other portion of the area previously closed on June 16, 2005, was inadvertently omitted from the regulatory text of the September 9, 2005, publication. NMFS establishes this prohibition in this action. The intent of this action is to respond to the request of the U.S. Food and Drug Administration (FDA), having determined on September 23, 2005, that there is insufficient analytical data to support the scheduled reopening of the entire area to all bivalve molluscan shellfish fishing on October 1, 2005.

NMFS announces that it has approved the request of the State of New Jersey to transfer 36,333 lb (16,481 kg) of commercial summer flounder quota to the states of Maine, Connecticut, and New York, and the Commonwealth of Massachusetts, in accordance with the Atlantic States Marine Fisheries Commission (ASMFC) Addendum XV to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

The South Atlantic Fishery Management Council (SAFMC) will hold a meeting of its King and Spanish Mackerel Advisory Panel (AP) via conference call to address: (1) Amendment 17 to the Coastal Migratory Pelagic Resources (Mackerel) Fishery Management Plan for the Gulf of Mexico and South Atlantic, and (2) the coastal migratory pelagics resources component of Generic Amendment 3 for Addressing Essential Fish Habitat (EFH) Requirements, Habitat Areas of Particular Concern (HAPC), and Adverse Effects of Fishing in the Following Fishery Management Plans of the Gulf of Mexico: Shrimp, Red Drum, Reef Fish, Stone Crab, Coral and Coral Reefs in the Gulf of Mexico, and Spiny Lobster and the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic. Amendment 17 addresses the current charter/ headboat permit moratorium for the Gulf of Mexico fishery. See SUPPLEMENTARY INFORMATION.

The South Atlantic Fishery Management Council (Council) will convene a series of 10 public hearings regarding Amendment 13C to the Snapper Grouper Fishery Management Plan. Amendment 13C is intended to eliminate or phase out overfishing of snowy grouper, golden tilefish, vermilion snapper, and black sea bass; and increase red porgy harvest consistent with the red porgy rebuilding plan. The underlying need of the amendment is to end overfishing while achieving optimum yield from each fishery through the implementation of new or modification of existing regulations. To address overfishing, the Council is proposing regulations that can be implemented in early 2006, with provisions to allow for a year-round fishery to occur. More specifically, the Council is considering, for the commercial sector, new or adjusted: catch quotas, size limits, trip limits, seasonal closures, fishing year start dates, and gear restrictions. Management measures for the recreational sector would include new or adjusted: catch allocations, bag limits, size limits, and seasonal closures.

The National Marine Fisheries Service (NMFS) announces its intent to prepare an Environmental Impact Statement (EIS) to analyze the environmental impacts of issuing permits facilitating research on endangered northern right whales. Publication of this notice begins the official scoping process that will help identify alternatives and determine the scope of environmental issues to be addressed in the EIS. This notice requests public participation in the scoping process and provides information on how to participate.

This document corrects an earlier version of this action that was published on October 3, 2005, in which the ACTION statement was omitted. The Oregon Department of Fish and Wildlife (ODFW) has submitted a Fishery Management and Evaluation Plan (FMEP) and the Washington Department of Fish and Wildlife (WDFW) has submitted an amendment to an FMEP pursuant to the protective regulations promulgated for Lower Columbia River (LCR) coho salmon under the Endangered Species Act. The FMEPs specify the future management of inland recreational fisheries potentially affecting LCR coho salmon. This document serves to notify the public of the availability of the FMEPs for review and comment before final approval or disapproval is made by NMFS.