National Oceanic and Atmospheric Administration January 2006 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the following scientific research permits have been modified: Cypress Gardens (Dwight Williams, Principal Investigator), 3030 Cypress Gardens Road, Moncks Corner, SC 29461 (Permit No. 1209); U.S. Fish and Wildlife Service, Warm Springs Regional Fisheries Center (Vincent Mudrak, Principal Investigator), 5308 Spring Street, Warm Springs, GA 31830 (Permit No. 1261); Dr. Frank Chapman (Principal Investigator), Department of Fisheries and Aquatic Sciences, University of Florida, 7922 NW 71\st\ Street, Gainesville, FL 32653 (Permit No. 1351).

NMFS increases the trip limit in the commercial hook-and-line fishery for king mackerel in the Florida east coast subzone to 75 fish per day in or from the exclusive economic zone (EEZ). This trip limit increase is necessary to maximize the socioeconomic benefits of the quota.

NMFS proposes to approve and implement changes to the Pacific Halibut Catch Sharing Plan (Plan) for the International Pacific Halibut Commission's (IPHC or Commission) regulatory Area 2A off Washington, Oregon, and California (Area 2A). NMFS proposes to update the tribal season in the Plan to reflect recent IPHC season date-setting trends. NMFS also proposes to implement the portions of the Plan and management measures that are not implemented through the IPHC, which includes the sport fishery management measures for Area 2A, the flexible inseason management provisions in Area 2A, fishery election in Area 2A, and Area 2A non-treaty commercial fishery closed areas. NMFS proposes to codify all but the sport fishery management measures for Area 2A, at 50 CFR part 300, subpart E. These actions are intended to enhance the conservation of Pacific halibut, to protect yelloweye rockfish and other overfished groundfish species from incidental catch in the halibut fisheries, and to provide greater angler opportunity where available.

NMFS has issued permit 1185 to Natural Resource Scientists, Inc., permit 1280 to Turlock Irrigation District, permit 1440 to the Interagency Ecological Program, and permit 1452 to KDH Environmental Services.

On May 20, 2002 NOAA published a notice in the Federal Register announcing the applicability of the special use permit requirements (Section 310) of the National Marine Sanctuaries Act to certain categories of activities conducted within the National Marine Sanctuary System. The notice requested public comment on the subject of special use permits. This notice makes minor changes to the previously published list and responds generally to the comments received. Through this notice, NOAA is also expanding the list of activities subject to the requirements of special use permits by adding private overflights to the overflights category.

NMFS is prohibiting directed fishing for Atka mackerel with gears other than jig gear in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A Season allowance of the 2006 total allowable catch (TAC) of Atka mackerel in these areas. NMFS is also announcing the opening and closing dates of the first and second directed fisheries within the harvest limit area (HLA) in Statistical Areas 542 and 543. These actions are necessary to prevent exceeding the HLA limits established for the Central (area 542) and Western (area 543) Aleutian Districts pursuant to the 2006 Atka mackerel TAC.

NMFS announces a 90-day finding regarding a petition to list the North Pacific right whale, Eubalaena japonica, as an endangered species under the Endangered Species Act of 1973, as amended (ESA). After review, NMFS finds that the petition presents substantial scientific information indicating that this action may be warranted. NMFS is initiating a review of the status of the North Pacific right whale, and is soliciting data, information, and comment on the subject action.

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 A season allowance of the 2006 total allowable catch (TAC) of pollock for Statistical Area 610 of the GOA.

In 1989, NMFS issued a final rule enacting the Fish and Seafood Promotion Act of 1986 (Act), as it pertains to Seafood Marketing Councils (Councils), for one or more species of fish or fish products. That rule, along with a large number of other rules and regulations unused or little used, was stricken from the Code of Federal Regulations (CFR) as part of a government-wide Presidential regulatory reform effort. Although the implementing regulations were withdrawn from the CFR, the Act remains in effect. In response to renewed industry support for marketing and promotion-related activities, NMFS proposes regulations implementing the Act governing the establishment and operation of marketing Councils. Therefore, the intent of the proposed rule is to responsibly implement the Act to be consistent with NMFS' goals and mission statement. That is, to ensure that NMFS stewardship goal is not jeopardized while increasing benefits from domestic fisheries. Several revisions to the 1989 implementing regulations are proposed in this document in order to comply with new regulatory and/or legal requirements.

The North Pacific Fishery Management Council (Council) and its advisory committees will hold public meetings February 6-14, 2006 at the Doubletree Hotel, 18740 Pacific Highway South, Seattle, WA 98188.

The Western Pacific Fishery Management Council (Council) will hold a meeting of the Hawaii-based members of the Council Bottomfish Plan Team (BPT) to consider alternatives to end bottomfish overfishing in the Main Hawaiian Islands.

The Groundfish Stock Assessment Review (STAR) Panel for yelloweye rockfish will hold a work session which is open to the public.

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.

The National Marine Fisheries Service publishes IFQ standard prices for the Individual Fishing Quota(IFQ) Cost Recovery Program in the halibut and sablefish fisheries of the North Pacific. NMFS published a standard price notice for 2005 on December 15, 2005. NMFS subsequently discovered calculation errors in the published standard prices. This notice corrects the calculation errors and replaces the December 15, 2005, Federal Register document. This action is intended to provide holders of halibut and sablefish IFQ permits information to calculate the payments required for IFQ cost recovery fees due by January 31, 2006.

This document provides notice of vessel monitoring systems (VMS) approved by NOAA for use by vessels participating in the Pacific Coast Groundfish Fishery and sets forth relevant features of the VMS.

NMFS is notifying the owners and operators of registered vessels of their assignments for the 2006 A season Atka mackerel fishery in harvest limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the harvest of the 2006 A season HLA limits established for area 542 and area 543 pursuant to the 2005 and 2006 harvest specifications for groundfish in the BSAI.

Notice is hereby given that John Glass, (Principal Investigator), REMSA, Inc., 124 West Queens Way, Hampton, Virginia 23669 has been issued a modification to scientific research Permit No. 1266-01.

The Climate Change Science Program (CCSP) Product Development Committee for Synthesis and Assessment Product 1.1 (CPDCS&A 1.1) was established by a Decision Memorandum dated October 7, 2005. CPDCS&A 1.1 is the Federal Advisory Committee charged with responsibility to develop a draft Synthesis and Assessment Product that addresses CCSP Topic 1.1: ``Temperature trends in the lower atmospheresteps for understanding and reconciling differences''. Time and Date: The meeting will be held Wednesday, February 8, 2006, from 8 a.m. to 6 p.m. and Thursday, February 9, 2006, from 8 a.m. to 2 p.m. These times and the agenda topics described below are subject to change. Refer to the Web page https://www.ogp.noaa.gov/ccsp/11.html for the most up-to-date meeting agenda. Place: The meeting will be held both days at the Hilton Chicago O'Hare Airport, Chicago, Illinois, 60666. Status: The meeting will be open to public participation with a 60- minute public comment period on February 8 from 8:15 a.m. to 9:15 a.m. (check Web site to confirm this time). The CPDCS&A 1.1 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 by the CPDCS&A 1.1 Designated Federal Official by February 1, 2006 to provide sufficient time for review. Written comments received after February 1 will be distributed to the CPDCS&A 1.1, 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) Resolution of public comments received on the 2nd Draft of Synthesis and Assessment Product 1.1 (2) Discussion of plans for completion and submission of 3rd Draft of Synthesis and Assessment Product 1.1 to the CCSP Interagency Committee.

NMFS issues this temporary rule to amend, and extend the effective date of, the grouper bag limit provisions implemented by a temporary rule published by NMFS on July 25, 2005, to reduce overfishing of red grouper in Federal waters of the Gulf of Mexico. This temporary rule amends the bag limit provision consistent with the October 31, 2005, ruling of the United States District Court, Middle District of Florida (Court). The intended effect is to reduce overfishing of red grouper in the Gulf of Mexico.

The Gulf of Mexico Fishery Management Council will convene a public meeting of the Special Management Zone (SMZ) Monitoring Team.

The Council/BOF will meet on February 3, 2006 at the Fourth Avenue Theatre.

Notice is hereby given that the following individual has applied in due form for a permit to conduct research on marine mammals: Dr. Terrie Williams, Department of Ecology and Evolutionary Biology, Center for Ocean Health - Long Marine Laboratory, University of California, 100 Shaffer Road, Santa Cruz, CA, 95060.

The North Pacific Fishery Management Council (Council) Observer Advisory Committee will meet at the Alaska Fisheries Science Center.

NOAA's Office of Ocean and Coastal Resource Management (OCRM) announces availability of the Record of Decision (ROD) and Final Findings of Approvability (Findings) for OCRM's Review of Amendments to the Alaska Coastal Management Program (ACMP) final Environmental Impact Statement (EIS). On June 2, 2005, OCRM received the State of Alaska's request to incorporate Executive Order 106, House Bills 191, 69, 86, Senate Bill 102, revisions to statute AS 46, and new implementing regulations at 11 AAC 110, 11 AAC 112, and 11 AAC 114 as an amendment to the ACMP. The new implementing regulations replace the existing consistence review procedure regulations previously found at 6 AAC 50, the statewide standards previously found at 6 AAC 80, and the district program guidelines previously found at 6 AAC 85 as the enforceable policies of the ACMP. The final EIS was released to the public for 30 days after the publication of a Notice of Availability in the Federal Register on November 25, 2005 (79 FR 71139). The ROD documents the selection of Alternative 1 (the NOAA preferred alternative) in the final EIS. The Findings make a final determination that the ACMP, as amended by the June 2, 2005, ACMP Amendment Document, still constitutes an approvable program and that procedural requirements of the CZMA and its implementing regulations have been met. The ROD and Findings were signed by the Deputy Assistant Administrator, National Ocean Service (NOS) on December 29, 2005. Federal consistency applies to the revised ACMP enforceable policies as of December 29, 2005.