National Oceanic and Atmospheric Administration July 19, 2006 – Federal Register Recent Federal Regulation Documents

NMFS, upon application from the Monterey Bay National Marine Sanctuary (MBNMS or the Sanctuary), is issuing regulations to govern the unintentional takings of small numbers of marine mammals incidental to authorizing professional fireworks displays within the Sanctuary in California waters. Issuance of regulations is required by the Marine Mammal Protection Act (MMPA) when the Secretary of Commerce (Secretary), after notice and opportunity for comment, finds, as here, that such takes will have a negligible impact on the species and stocks of marine mammals and will not have an unmitigable adverse impact on their availability for subsistence uses. These regulations do not authorize MBNMS to permit fireworks displays. These regulations govern the issuance of ``Letters of Authorization'' (LOAs) for the unintentional incidental take of marine mammals in connection with this activity, and prescribe methods of taking and other means of effecting the least practicable adverse impact on marine mammal species and their habitat, and on the availability of the species for subsistence uses. In addition, NMFS, through this final rule, issues mitigation, reporting and monitoring requirements. In the proposed rule, NMFS referenced and proposed the continued implementation of a document entitled ``MBNMS Fireworks Guidelines'' (Guidelines), which was cooperatively developed by the Sanctuary, NMFS, and the U.S. Fish and Wildlife Service and served as a basis for the mitigation measures described in the proposed rule. These Guidelines also included three specific mitigation measures that NMFS has now included in the final rule.

Notice is hereby given that the Center for Coastal Studies, P.O. Box 1036, Provincetown, MA 02657 [Principal Investigator: Julie Robbins] has been issued a permit to conduct scientific research.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) has made a preliminary determination that the subject exempted fishing permit (EFP) application contains all the required information and warrants further consideration. The Assistant Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Northeast (NE) Multispecies Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow one commercial fishing vessel to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP, which would enable researchers to investigate the efficacy of a 4-seam bottom trawl to improve escapement of small cod and haddock, would allow for exemptions from the FMP as follows: Gulf of Maine (GOM) Regulated Mesh Area minimum mesh size and gear restrictions, and two NE multispecies days-at-sea (DAS) out of a total of 12 days of gear testing. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.

NMFS is prohibiting directed fishing for pelagic shelf rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2006 total allowable catch (TAC) of pelagic shelf rockfish in the Western Regulatory Area of the GOA.

NMFS is reopening directed fishing for Pacific cod by vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to utilize the remaining amount of the 2006 halibut bycatch allowance specified for the trawl Pacific cod fishery category in the BSAI.

The Office of Oceanic and Atmospheric Research (OAR) invites applications for the establishment of a Great Lakes (GL) Cooperative Institute (CI). The Great Lakes are one of the Nation's most important aquatic resources from an economic, geographic, international, ecological, and societal perspective. U.S. support for Great Lakes activities is described in Executive Order 13340. Activities associated with the proposed Cooperative Institute will provide the necessary capabilities to complement NOAA's current and planned activities in the region in support of the 5-year Research Plan and the 20-year Research Vision. The CI will be regional in scope and will consist of a group of research institutions with expertise and capabilities in the NOAA priority areas. This institute will facilitate a long-term collaborative environment between NOAA and the recipients within which broad-based research, prototype development, and education and outreach capabilities that focus on the priorities in the Great Lakes region can be developed and sustained.