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

In accordance with provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that an Incidental Harassment Authorization (IHA) has been issued to Fugro West, Inc. (Fugro), to take small numbers of California sea lions, Pacific harbor seals, harbor porpoises, and gray whales, by harassment, incidental to geographical seismic surveys being conducted in south San Francisco Bay (SFB or Bay) in California.

In accordance with the provisions of the Federal Advisory Committee Act, 5 U.S.C. App. 2, and the General Services Administration (GSA) rule of Federal Advisory Committee Management, 41 CFR part 102-3, and after consultation with GSA, the Secretary of Commerce has determined that the establishment of the National Oceanic and Atmospheric Administration (NOAA) Climate Change Science Program (CCSP) Product Development Committee (CPDC) for Synthesis and Assessment Product 3.3 (CPDCS&A 3.3) is in the public interest, in connection with the performance of duties imposed on the Department by law. The CPDCS&A 3.3 will advise the Secretary, through the Under Secretary of Commerce for Oceans and Atmosphere, on CCSP Topic 3.3: ``Weather and Climate Extremes in a Changing Climate''. This advice will be provided in the form of a draft Synthesis and Assessment product intended to be used by NOAA to develop a final product in accordance with the Guidelines for Producing the CCSP Synthesis and Assessment Products, the OMB Peer Review Bulletin, and the Information Quality Act Guidelines. The CPDCS&A 3.3 will consist of no more than 35 members to be appointed by the Under Secretary to assure a balanced representation among preeminent scientists, educators, and experts reflecting the full scope of the scientific issues addressed in CCSP Synthesis and Assessment Product 3.3. The CPDCS&A 3.3 will function solely as an advisory body, and in compliance with the provisions of the Federal Advisory Committee Act. Its charter will be filed under the Act, fifteen days from the date of publication of this notice. Following establishment of CPDC-S&A 3.3, the first committee meeting will be held. All sessions of the meeting will be open to the public. Place: The first meeting of CPDCS&A 3.3.will be held at the International Pacific Research Center, Honolulu, Hawaii. Time and Date: The meeting will convene at 8:30 a.m. on Monday, October 30, 2006 and adjourn at 12 noon on Thursday, November 2, 2006. Meeting information will be available online on the CPDCS&A 3.3 Web site (https://www.climate.noaa.gov/index.jsp?pg=./ccsp/33.jsp). Please note that meeting times and agenda topics described below are subject to change. Status: The meeting will be open to public participation and will include a 60-minute public comment period on October 30 from 10 a.m. to 11 a.m. (check Web site to confirm this time). The CPDCS&A 3.3 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 3.3 Designated Federal Official (DFO) by October 20, 2006 to provide sufficient time for review. Written comments received after October 20 will be distributed to the CPDCS&A 3.3, but may not be reviewed prior to the meeting date. Seats will be available to the public on a first-come, first- served basis. Matters To Be Considered: The meeting will (1) work on an initial draft document based on detailed outline presented in the final Prospectus (2) review of plans for completion and submission of the First Draft of Synthesis and Assessment Product 3.3 to the National Research Council for expert review.

NMFS proposes a rule to implement Amendment 16-4 to the Pacific Coast Groundfish Fishery Management Plan (FMP) and to set the 2007-2008 harvest specifications and management measures for groundfish taken in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California. Amendment 16-4 would modify the FMP to implement revised rebuilding plans for seven overfished species: bocaccio, canary rockfish, cowcod, darkblotched rockfish, Pacific ocean perch (POP), widow rockfish, and yelloweye rockfish. Groundfish harvest specifications and management measures for 2007-2008 are intended to: achieve but not exceed optimum yields (OYs); prevent overfishing; rebuild overfished species; reduce and minimize the bycatch and discard of overfished and depleted stocks; provide harvest opportunity for the recreational and commercial fishing sectors; and, within the commercial fisheries, achieve harvest guidelines and limited entry and open access allocations as closely as possible. Together, Amendment 16-4 and the 2007-2008 harvest specifications and management measures are intended to rebuild overfished stocks as soon as possible, taking into account the status and biology of the stocks, the needs of fishing communities, and the interaction of the overfished stocks within the marine environment. In addition to the management measures implemented for directed and incidental groundfish fisheries, this proposed rule would implement a new Yelloweye Rockfish Conservation Area off Washington State, which will be closed to commercial salmon troll fishing.

NMFS announces that the commercial fishery from the U.S.- Canada Border, to Cape Falcon, Oregon was modified by two inseason actions. Inseason action 5 increased the landing and possession limit to 60 Chinook per vessel per open period effective Saturday, July 29, 2006. Inseason action 6 increased the landing and possession limit for Chinook in the area north of Cape Falcon, OR to the US Canada border to 80 fish per vessel per open period, increased the number of fishing days to 4 days, Saturday through Tuesday, and eliminated the 6 inch (15.24 cm) plug gear restriction effective Saturday, August 19, 2006. All other restrictions remained in effect as announced for the 2006 Ocean Salmon Fisheries. These actions were necessary to conform to the 2006 management goals, and the intended effect was to allow the fishery to operate within the seasons and quotas specified in the 2006 annual management measures.

The North Pacific Fishery Management Council's (Council) Steller Sea Lion Mitigation Committee (SSLMC) will meet in Seattle, WA.

The Pacific Fishery Management Council's (Council) Coastal Pelagic Species (CPS) advisory bodies will hold meetings, which are open to the public, on October 17-19, 2006. The primary purpose of the meetings is to review the current Pacific sardine Stock Assessment and draft terms of reference for the CPS stock assessment review process.

NMFS has received an application from the Scripps Institution of Oceanography (SIO), a part of the University of California, for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to conducting an oceanographic survey in the South Pacific Ocean (SPO). Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to SIO to incidentally take, by harassment, small numbers of several species of cetaceans for a limited period of time in December 2006, and January 2007.

NMFS is opening directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA), effective 0700 hours, Alaska local time (A.l.t.), September 25, 2006. This adjustment is necessary to allow a 12-hour fishery for species that comprise the shallow-water species fishery by vessels using trawl gear in the GOA to resume, without exceeding the 2006 Pacific halibut bycatch allowance specified for the shallow-water species fishery in the GOA.

Notice is hereby given that the Wildlife Conservation Society (WCS), 2300 Southern Blvd., Bronx, New York 10460 [Dr. Howard C. Rosenbaum, Principal Investigator], has been issued an amendment to scientific research Permit No. 31-1741/MA081663.

NMFS announces that the commercial salmon fishery in the Fort Bragg subarea from Horse Mountain to Point Arena, CA, was modified by inseason action and was closed at 3 p.m. on Tuesday, September 5, 2006. This action was necessary to conform to the 2006 management goals, and the intended effect is to allow the fishery to operate within the seasons and quotas specified in the 2006 annual management measures.

Notice is hereby given that National Marine Fisheries Service, Pacific Islands Fisheries Science Center (Responsible Official- Samuel Pooley, Principal Investigator- George Balazs), 2570 Dole Street, Honolulu, HI 96822, has applied in due form for a permit to take green (Chelonia mydas) and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

NMFS is prohibiting directed fishing for Atka mackerel in the Central Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2006 Atka mackerel total allowable catch (TAC) in the Central Aleutian District of the BSAI.

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) announce the availability of a Final Record of Decision on the issuance of incidental take permits to the state of Washington under section 10 of the Endangered Species Act for the Washington Forest Practices Habitat Conservation Plan (HCP). The two incidental take permits (one from each of the Services) authorize incidental take of aquatic species (16 listed fish species, 54 unlisted fish species, and 7 unlisted amphibian species) from covered forest practices implemented under the HCP. These forest practices affect approximately 9 million acres of non-Federal and non-tribal lands in Washington State. The permits were issued on June 5, 2006, and will remain in effect for 50 years.

The Department of Commerce is seeking nominations for membership on the Marine Protected Areas Federal Advisory Committee (Committee). The Marine Protected Areas Federal Advisory Committee was established to advise the Secretary of Commerce and the Secretary of the Interior in implementing Section 4 of Executive Order 13158, specifically on strategies and priorities for developing the national system of marine protected areas (MPAs) and on practical approaches to further enhance and expand protection of new and existing MPAs. Nominations are sought for highly qualified non-Federal scientists, resource managers, and people representing other interests or organizations involved with or affected by marine conservation including in the Great Lakes. Fifteen members of the Committee have terms that expire October 31, 2007, and nominations are sought to fill these vacancies. Individuals seeking membership on the Committee should possess demonstrable expertise in a related field or represent a stakeholder interest affected by MPAs. Nominees also will be evaluated based on the following factors: Marine policy experience, leadership and organization skills, region of country represented, and diversity characteristics. The membership reflects the Departments' commitment to attaining balance and diversity. The full text of the Committee Charter and its current membership can be viewed at the Agency's Web page at https://mpa.gov/fac.html.

The Mid-Atlantic Fishery Management Council (Council); its Research Set-Aside (RSA) Committee; its Protected Resources Committee; its Law Enforcement Committee; and, its Executive Committee will hold public meetings.

The Mid-Atlantic Fishery Management Council's (MAFMC) Atlantic Mackerel, Squid, and Butterfish Committee, its Advisors, and the Amendment 10 Fishery Management Action Team (FMAT) will hold a public meeting.

Notice is hereby given that Markus Horning, Ph.D., Department of Fisheries & Wildlife, Oregon State University, Hatfield Marine Science Center, 2030 SE Marine Science Drive, Newport, OR 97365, has been issued a permit to conduct research on Weddell seals (Leptonychotes weddellii).

NMFS issues this final rule to implement Amendment 13 to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (Amendment 13), as prepared and submitted by the Gulf of Mexico Fishery Management Council (Council). This final rule establishes a 10-year moratorium on issuance of Federal Gulf shrimp vessel permits; requires owners of vessels fishing for or possessing royal red shrimp from the Gulf of Mexico exclusive economic zone (EEZ) to have a royal red shrimp endorsement; requires owners or operators of all federally permitted Gulf shrimp vessels to report information on landings and vessel and gear characteristics; and requires vessels selected by NMFS to carry observers and/or install an electronic logbook provided by NMFS. In addition, Amendment 13 establishes biological reference points for penaeid shrimp and status determination criteria for royal red shrimp. The intended effects of this final rule are to provide essential fisheries data, including bycatch data, needed to improve management of the fishery and to control access to the fishery. Finally, NMFS informs the public of the approval by the Office of Management and Budget (OMB) of the collection-of-information requirements contained in this final rule and publishes the OMB control numbers for those collections.

A Biological Review Team (BRT) consisting of biologists from the Maine Atlantic Salmon Commission, Penobscot Indian Nation, NMFS, and U.S. Fish and Wildlife Service (FWS) have completed a Status Review of Atlantic salmon (Status Review for Anadromous Atlantic Salmon (Salmo salar)) in the United States.

NOAA and the Department of the Interior (DOI) jointly propose the Draft Framework for Developing the National System of Marine Protected Areas (Draft Framework), as required by Executive Order 13158 on Marine Protected Areas (MPAs). This Draft Framework provides overarching guidance for collaborative efforts among Federal, State, tribal and local governments and stakeholders to develop an effective National System of MPAs (National System) from existing sites, build coordination and collaborative efforts, and identify ecosystem-based gaps in the protection of significant natural and cultural resources for possible future action by the nation's MPA authorities. The document further provides the guiding principles, key definitions, goals, and objectives for the National System, based on the breadth of input received from MPA stakeholders and governmental partners around the nation over the past several years. The intent of this document is to solicit additional public input on the proposed Draft Framework in order to develop a final document that meets the nation's interests in the National System.

Notice is hereby given that NMFS has received an application for a scientific research permit from the Santa Clara Valley Water District (SCVWD) in Santa Clara County, CA (1121). This document serves to notify the public of the availability of the permit application for review and comment.

NMFS is opening directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA), effective 0700 hours, Alaska local time (A.l.t), September 20, 2006. This adjustment is necessary to allow a 12-hour fishery for species that comprise the shallow-water species fishery by vessels using trawl gear in the GOA to resume, without exceeding the 2006 Pacific halibut bycatch allowance specified for the shallow-water species fishery in the GOA.

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 will host a half-day meeting with the Atlantic Regional Fishery Management Council Chairs and Executive Directors in October 2006. The intent of this meeting is to discuss science, coordination, and communication issues related to Atlantic Highly Migratory Species (HMS).

The 93rd meeting of the Western Pacific Regional Fishery Management Council's (Council) Scientific and Statistical Committee (SSC) will convene Tuesday, October 3, 2006, through Thursday October 5, 2006. See SUPPLEMENTARY INFORMATION for specific times, dates, and agenda items.