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

NOS/OCRM is soliciting coastal and estuarine land conservation acquisition projects from eligible coastal states. The Coastal and Estuarine Land Conservation Program (CELCP) was established ``for the purpose of protecting important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural or recreational state to other uses.'' This announcement solicits proposals for land acquisition projects, up to 3 years in duration, with the purpose of protecting important coastal and estuarine areas. Project proposals should reflect priorities identified in an approved state CELC plan or, if a state plan has not been completed, by the state's approved coastal management program. This solicitation will result in a prioritized list of projects that will be submitted to Congress in March 2006 for consideration in the FY 2007 appropriations process. Proposals should be prepared assuming a cost of no more than $3,000,000 per project and three projects per eligible applicant.

NMFS announces the intent to issue Exempted Fishing Permits (EFPs), Scientific Research Permits (SRPs), Display Permits, and Chartering Permits for the collection of Atlantic highly migratory species (HMS). The permits would authorize collections of a limited number of tunas, swordfish, billfishes, and sharks from Federal waters in the Atlantic Ocean and Gulf of Mexico for the purposes of scientific data collection and public display. Generally, these permits would be valid from the date of issuance through December 31, 2006. NMFS also announces the intent to consider issuing permits upon receiving applications from U.S. fishermen whose vessels fish for Atlantic HMS while operating under chartering arrangements within the Exclusive Economic Zone (EEZ) of other nations to collect data consistent with the International Commission for the Conservation of Atlantic Tunas (ICCAT) recommendations and to ensure consistency with that country's regulations without violating U.S. regulations.

NMFS publishes this proposed rule to clarify that the fee regulations for the Pacific Coast groundfish fishing capacity reduction program do not apply to any shrimp landed under Washington State fishing licenses for Puget Sound shrimp. The fee regulations remain otherwise unchanged. The intent of this proposed rule is to clarify that the fee rules do not apply to the Puget Sound licenses.

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 New England Fishery Management Council's (Council) Groundfish Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The Western Pacific Fishery Management Council (Council) will hold its 130\th\ meeting to consider and take action on fishery ecosystem plans for the Western Pacific Region. The Council will also hold public hearings throughout Hawaii the week prior to its 130th meeting, as well as during the 130\th\ meeting.

NMFS announces a regulatory modification in the recreational fishery from Leadbetter Point, WA, to Cape Falcon, OR (Columbia River Subarea). Effective Friday, September 17, 2005, the daily bag limit for the Columbia River Subarea was modified as follows: ``All Salmon, two fish per day, all retained coho must have a healed adipose fin clip.'' All other restrictions remain in effect as announced for 2005 ocean salmon fisheries, and by previous inseason actions. This action was necessary to conform to the 2005 management goals, and the intended effect is to allow the fishery to operate within the seasons and quotas specified in the 2005 annual management measures.

Notice is hereby given that Permit No. 774-1649-02 issued to the Southwest Fisheries Science Center, National Marine Fisheries Service, 8604 La Jolla Shores Drive, La Jolla, California 92038 (Principle Investigator: Rennie Holt, Ph.D.) has been amended.

NMFS is reallocating the projected unused amount of Pacific cod from vessels using trawl, pot, jig and hook-and-line gear to catcher processor vessels using hook-and-line gear in the BSAI. These actions are necessary to allow the 2005 total allowable catch (TAC) of Pacific cod to be harvested.

Notice is hereby given that Squalus, Inc., P.O. Box 301, Myakka City, FL 34251 has applied in due form for a permit to import four South American (Patagonian) sea lions (Otaria flavescens) for the purposes of public display.

NMFS announces that the 2005 summer flounder commercial quota available to Massachusetts has been projected to have been harvested. To maintain consistency between state and Federal waters, NMFS is announcing the closure of summer flounder in Federal waters to coincide with the closure announced by the Massachusetts Division of Marine Fisheries (MA DMF). Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2005, unless additional quota becomes available through a transfer. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts of the closure and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in Massachusetts.

NMFS issues this proposed rule to implement a regulatory amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would establish a 6,000-lb (2,722-kg) commercial trip limit for shallow-water and deep- water grouper, combined, in the exclusive economic zone of the Gulf of Mexico. The intended effect of this proposed rule is to minimize the effects of derby fishing and prolong the fishing season.

NMFS publishes this final rule to implement the 2005 and 2006 management measures to prevent overfishing of the eastern tropical Pacific Ocean (ETP) tuna stocks, consistent with recommendations by the Inter-American Tropical Tuna Commission (IATTC) that have been approved by the Department of State (DOS) under the Tuna Conventions Act. The purse seine fishery for tuna in the ETP will be closed for a 6-week period beginning November 20, 2005, through December 31, 2005, and beginning November 20, 2006, through December 31, 2006. In this final rule, NMFS also announces that the longline fishery will close when a 150-mt limit has been reached. These actions are taken to limit fishing mortality on tuna stocks caused by purse seine fishing and longline fishing in the Convention Area and contribute to the long-term conservation of tuna stocks at levels that support healthy fisheries.

The New England Fishery Management Council's (Council) Groundfish Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

NMFS and the Pacific Fishery Management Council (Pacific Council) announce their intent to prepare an EIS in accordance with the National Environmental Policy Act (NEPA) of 1969 to analyze proposals to allocate groundfish among various sectors of the non-tribal Pacific Coast groundfish fishery.

NMFS closes the commercial fishery for tilefish (goldface tilefish, blackline tilefish, anchor tilefish, blueline tilefish, and tilefish) in the exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has determined that the tilefish quota for the commercial fishery will have been reached by November 21, 2005. This closure is necessary to protect the tilefish resource.

NMFS publishes the Fraser River salmon inseason orders regulating salmon fisheries in U.S. waters. The orders were issued by the Fraser River Panel (Panel) of the Pacific Salmon Commission (Commission) and subsequently approved and issued by NMFS during the 2005 salmon fisheries within the U.S. Fraser River Panel Area. These orders established fishing times and areas for the gear types of U.S. treaty Indian and all-citizen fisheries during the period the Panel exercised jurisdiction over these fisheries.

The Olympic Coast National Marine Sanctuary (OCNMS or Sanctuary) is seeking applicants for the following vacant seats on its Sanctuary Advisory Council (Council): Conservation/Environmental, Marine Business/Ports/Industry, and Research. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are 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. Applicants who are chosen as members or alternates should expect to serve 3-year terms, pursuant to the Council's Charter.

NMFS announces a regulatory modification in the recreational fishery from Leadbetter Point, WA, to Cape Falcon, OR (Columbia River Subarea). Effective Friday, September 9, 2005, the daily bag limit for the Columbia River Subarea was modified as follows: ``All salmon, except no Chinook retention, two fish per day, all retained coho must have a healed adipose fin clip.'' All other restrictions remain in effect as announced for 2005 ocean salmon fisheries, and by previous inseason actions. This action was necessary to conform to the 2005 management goals, and the intended effect is to allow the fishery to operate within the seasons and quotas specified in the 2005 annual management measures.

NMFS proposes specifications for the 2006 summer flounder, scup, and black sea bass fisheries. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) require NMFS to publish specifications for the upcoming fishing year for each of the species and to provide an opportunity for public comment. This proposed rule also would make changes to the regulations regarding the commercial black sea bass fishery. The intent of this action is to establish harvest levels and other measures to attain the target fishing mortality rates (F) or exploitation rates specified for these species in the FMP, to reduce bycatch, and to improve the efficiency of the commercial black sea bass fishery. NMFS has conditionally approved four research projects for the harvest of the portion of the quota that has been recommended by the Mid-Atlantic Fishery Management Council (Council) to be set aside for research purposes. In anticipation of receiving applications for Experimental Fishing Permits (EFPs) to conduct this research, the Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that the activities authorized under the EFPs issued in response to the approved Research Set-Aside (RSA) projects would be consistent with the goals and objectives of the FMP. However, further review and consultation may be necessary before a final determination is made to issue any EFP.

Notice is hereby given that Alliance of Marine Mammal Parks and Aquariums, 418 North Pitt Street, Alexandria, Virginia 22314 [Kristi West, Ph.D., Principal Investigator], has applied in due form for a permit to import and export parts from all cetaceans and pinniped species (excluding walrus) for purposes of scientific research.

The Pacific Fishery Management Council (Council) will convene a meeting of the Legislative Committee (Committee), which is open to the public. The primary purpose of the meeting is to review Federal legislation regarding the reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The Committee may also review Federal and state legislative matters relative to individual quota programs, aquaculture, and other Council interests.

The Pacific Fishery Management Council's (Council) Model Evaluation Workgroup (MEW) will hold a work session, which is open to the public.

The Gulf of Mexico Fishery Management Council (Council) will convene its Law Enforcement Advisory Panel (LEAP) via Conference Call to approve the 2006 Operations Plan to the 2005-2010 Strategic Plan that outlines joint goals and objectives for state and Federal marine resource enforcement activities.

NMFS issues this proposed rule to implement Amendment 11 to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) which would change the framework for the annual apportionment of the Pacific sardine harvest guideline along the U.S. Pacific coast. The purpose of the proposed rule is to achieve optimal utilization of the Pacific sardine resource and equitable allocation of the harvest opportunity for Pacific sardine.