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

NMFS announces that persons who enter the non-longline commercial pelagic fisheries (e.g., troll, handline, pole and line, etc.) in the U.S. exclusive economic zone (EEZ) around the Hawaiian Islands after June 2, 2005 (``control date'') are not guaranteed future participation in the fishery if the Western Pacific Fishery Management Council (WPFMC) recommends, and NMFS approves, a program limiting entry or effort. This action does not commit the WPFMC or NMFS to limit entry, or prevent any other date from being selected for eligibility to participate in the non-longline commercial pelagic fisheries. The WPFMC or NMFS may also use other criteria to limit fishing effort or participation in a limited entry program that is developed in the future.

NMFS extends the public comment period on the proposed rule containing revisions to the National Standard 1 (NS1) guidelines. NMFS has received various requests to extend the comment period for the proposed rule beyond its current 60-day comment period. The extension of the comment period for another 60 days is intended to ensure that NMFS provides adequate time for various stakeholders and members of the public to comment on the proposed revisions to the NS1 guidelines. The comment period is extended from August 22, 2005, to October 21, 2005.

This proposed rule would set requirements for attending protected species workshops, for handling, resuscitating, and releasing sea turtles that are hooked or entangled in fishing gear, and for fishing gear configuration. The proposed rule is intended to reduce and mitigate interactions between sea turtles and vessels managed under the Fishery Management Plan for the Pelagic Fisheries of the Western Pacific Region (Pelagics FMP). This action is being taken to comply with the terms and conditions of a 2004 Biological Opinion resulting from a section 7 consultation under the Endangered Species Act (ESA) on interactions between sea turtles and fisheries managed under the Pelagic FMP.

NMFS proposes this 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 Convention Area would be closed for a 6-week period beginning November 20, 2005, through December 31, 2005, and beginning November 20, 2006, through December 31, 2006. A closure later in the fishing year minimizes the disruption of planned fishery operations, which are not traditionally active during the winter, while meeting the conservation goals for tunas in the ETP. This proposed rule would also close the U.S. longline fishery in the IATTC Convention Area in 2005 and 2006 if the catch reaches the estimated level of 2001. For 2001, the estimated catch of longline caught bigeye tuna was 150 metric tons (mt). This action is taken to limit fishing mortality caused by purse seine fishing and longline fishing in the Convention Area and contribute to long-term conservation of the tuna stocks at levels that support healthy fisheries.

Notice is hereby given that SCANA Services, Inc. (Stephen E. Summer, Principal Investigator), 6248 Bush River Road, Columbia, SC 29212, has applied in due form for a permit to take shortnose sturgeon (Acipenser brevirostrum) for purposes of scientific research.

Notice is hereby given that the South Carolina Department of Natural Resources, Marine Resources Division, P.O. Box 12559, Charleston, SC 29422-2559, has applied in due form for a permit to take loggerhead (Caretta caretta), Kemp's ridley (Lepidochelys kempii), green (Chelonia mydas), leatherback (Dermochelys coriacea), and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

The OAR publishes this notice to make the following corrections to submission date, mode of submission, and email address in the following initiative originally announced in the Federal Register on June 30, 2005 (70 FR 37766): Ballast Water Technology Demonstration Program Competitive Funding Announcement: Research, Development, Testing and Evaluation Facilities (OAR-SG-2006-2000364). The corrections to this Announcement are as follows: (1) The correct deadline for submission of Full Proposals is 4 p.m. e.s.t. January 6, 2006; (2) Preliminary Proposals may be submitted online through grants.gov; (3) The correct e-mail address for questions related to the program is ballast.water@noaa.gov; All other requirements for this solicitation remain the same.

NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2005 catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI to harvest their Pacific cod allocation.

NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). These actions are necessary to allow the 2005 B season total allowable catch (TAC) of Pacific cod to be harvested.

NMFS is prohibiting retention of Pacific Ocean perch in the West Yakutat District of the Gulf of Alaska (GOA). NMFS is requiring that catch of Pacific Ocean perch in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury. This action is necessary because the Pacific Ocean perch 2005 total allowable catch (TAC) in this area has been reached.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Capacity Committee in August, 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 Gulf of Mexico Fishery Management Council (Council) will convene a meeting of its Ecosystem Scientific and Statistical Committee (SSC) in New Orleans, LA.

NMFS proposes to amend regulations supporting the North Pacific Groundfish Observer Program (Observer Program). This action is necessary to revise requirements for the facilitation of observer data transmission, improve support for observers, and provide consistency with current regulations. The proposed rule is intended to promote the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMPs).

The final rule implementing Amendment 13 and the interim final rule implementing Framework Adjustment (Framework) 40-A to the Northeast (NE) Multispecies Fishery Management Plan (FMP) contained several inadvertent errors and omissions. The intent of this proposed rule is to correct these inadvertent errors and omissions, clarify specific regulations to maintain consistency with and accurately reflect the intent of Amendment 13 and Framework 40-A, and seek comment on these proposed corrections and clarifications. This action is being taken by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

NMFS has determined that an Exempted Fishing Permit (EFP)is required for the proposed activities described by Paul Rudershausen of North Carolina State University on behalf of Alex Ng and Anthony Ng, commercial fishermen who have made arrangements for cooperative research with North Carolina State University. The application was originally received as a request for a Letter of Acknowledgment (LOA). NMFS is considering issuance of an EFP. If granted, the EFP would authorize the applicant, with certain conditions, to collect up to 900 of each of the following species over the permit's effective period: red grouper, gag, red porgy, scamp, vermilion snapper, black sea bass, snowy grouper, and blueline tilefish. Specimens would be collected from Federal waters off the coast of North Carolina in Onslow Bay from September 1, 2005, through December 31, 2006.

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the National Marine Fisheries Service (NMFS) proposes to serve as the lead agency under NEPA in the preparation of a joint Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) for the following project/proposed action: Adoption and implementation of the ``Settlement Agreement Regarding Water Rights of the Santa Clara Valley Water District On Coyote, Guadalupe, and Stevens Creeks,'' (Settlement Agreement), the State Water Resources Control Board's approval of modifications of the Santa Clara Valley Water District's (District) appropriative water rights to allow for implementation of the Settlement Agreement with supporting findings and implementation of those modifications, the District's adoption of a Conservation Plan (CP), NMFS's issuance of an incidental take permit (ITP) to the District, the U.S. Fish and Wildlife Service's (USFWS) issuance of an ITP to the District, the U.S. Army Corps of Engineers' (Corps) issuance of a permit to the District, and the California Department of Fish and Game's issuance of an incidental take permit or consistency determination to the District. The project/proposed action is also known as ``FAHCE'' (Fisheries and Aquatic Habitat Collaborative Effort). The NMFS is the lead agency for this EIS, and the USFWS and the Corps are cooperating agencies. The District, a local public water agency, is the lead agency under the California Environmental Quality Act (CEQA). A similar notice is being published by the District in accordance with CEQA. Comments and participation in the scoping process are encouraged.

NMFS is prohibiting retention of ``other rockfish'' in the Central Regulatory Area of the Gulf of Alaska (GOA). NMFS is requiring that catch of ``other rockfish'' in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury. This action is necessary because the ``other rockfish'' 2005 total allowable catch (TAC) in this area has been reached.

NMFS publishes for public review and comment information regarding a foreign fishing application submitted under provisions of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).

The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the ALWTRP's implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 1,240 nm\2\ (4,253 km\2\), east of Boston, MA, for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales).

The Thunder Bay National Marine Sanctuary and Underwater Preserve (TBNMS&UP) is seeking applications for the following seats on the Advisory Council: Tourism; Diving (including snorkeling); Education (elementary, junior high, high school); Maritime History and Interpretation; Citizen-at-Large; Higher EducationAlternate. Applicants are chosen based upon their particular expertise and experiences in relation to the seat for which they are applying; community and professional affiliations; and the length of residence in the area affected by the Sanctuary & Preserve. Applicants who are chosen as members should expect to serve 3-year terms pursuant to the Council's Charter. Applicants should be available to attend approximately 6 meetings annually.

NMFS issues final regulations to implement Framework Adjustment 1 to the Atlantic Deep-Sea Red Crab (Red Crab) Fishery Management Plan (FMP). This final rule modifies the existing annual review and specification process by allowing specifications to be set for up to 3 years at a time, and continues the current target total allowable catch (TAC) of 5.928 million lb (2.69 million kg) and fleet days-at-sea (DAS) of 780 fleet DAS for fishing year (FY) 2006 and FY2007. The purpose of this action is to conserve and manage the red crab resource, reduce the staff resources necessary to effectively manage this fishery, and provide consistency and predictability to the industry.

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 announces that the commercial salmon fishery in the area from the U.S.-Canada Border to Cape Falcon, OR was modified to reopen on June 26, 2005, and close at midnight on June 30, 2005, with a 30- Chinook possession and landing limit for the 5-day open period. Vessels were required to land their fish within 24 hours of any closure of this fishery. The fishery was then to remain closed until further notice, or the next scheduled season starting July 7, 2005. All other restrictions remained in effect as announced for 2005 ocean salmon fisheries. 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 announces that the commercial salmon fishery in the area from the U.S.-Canada Border to Cape Falcon, OR was modified. The fourth open period for the May-June fishery scheduled to open May 20, 2005, was extended from 4 to 7 days, with a 125-Chinook possession and landing limit for the 7-day open period. The area closed at midnight on May 26, 2005. All other restrictions remained in effect as announced for 2005 ocean salmon fisheries. 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 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's intent is to implement the fee system.