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

NMFS announces revised final 2006 and 2007 harvest specifications for the ``other species'' complex in the Gulf of Alaska (GOA) by reducing the total allowable catch (TAC) for the complex to 4,500 metric tons (mt) annually. This rule also revises the 2006 and 2007 ``other species'' harvest sideboard limitations for non-exempt American Fisheries Act (AFA) catcher vessels and non-AFA crab vessels. The intended effect of this action is to conserve and manage the groundfish resources in the GOA in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

The New England and Mid-Atlantic Fishery Management Councils (Councils) will convene public hearings and seek public comment on a draft amendment to all the fishery management plans (FMPs) under their purview. The omnibus amendment would establish standardized bycatch reporting methodology (SBRM) for each FMP, as required under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).

NMFS announces the availability of grant funds for vessel owners and/or operators who have purchased an Enhanced Mobile Transmitter Unit (E-MTU) to comply with fishery regulations requiring the use of Vessel Monitoring Systems (VMS) in the Reef Fish Fishery of the Gulf of Mexico. These funds will be used to reimburse vessel owners and/or operators for the purchase price of the E-MTU.

NMFS implements this final rule to clarify the expiration date of the limited entry program for Illex squid, reestablish a minimum mesh requirement for the butterfish fishery, and remove a regulatory requirement for annual specifications to be published by a specific date. These measures were initially implemented by the final rule implementing the specifications for the 2005 fishing year for Atlantic mackerel, squid, and butterfish (MSB). These regulatory measures were intended to be of a permanent nature, unlike the 2005 specifications themselves, which were effective through December 31, 2005. An error in the final rule caused these three measures to expire; this rule restores the regulatory requirements. This action is being taken by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

The Gulf of Mexico Fishery Management Council will convene public meetings.

The Pacific Fishery Management Council (Council) and its advisory entities will hold public meetings.

NMFS proposes specifications for the 2007 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. The intent of this action is to establish harvest levels that assure that the target fishing mortality rates (F) or exploitation rates specified for these species in the FMP are not exceeded and to allow for rebuilding of the stocks in accordance with the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). 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 Coral World (V.I.), Inc., 6450 Estate Smith Bay, St. Thomas, Virgin Islands 00802 [Gertrude J. Prior, Responsible Party] has been issued a permit to import four South American (Patagonian) sea lions (Otaria flavescens) for public display.

Notice is hereby given that NMFS has received an application to renew and modify a permit from the Eel River Salmon Restoration Project, Miranda, CA (Permit 1075). This permit would affect Southern Oregon/Northern California Coast (SONCC) coho salmon (Oncorhynchus kisutch), California Coastal (CC) Chinook Salmon (Oncorhynchus tshawytscha) and Northern California (NC) Steelhead (Oncorhynchus mykiss). This document serves to notify the public of the availability of the permit application for review and comment before a final approval or disapproval is made by NMFS.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Texas Coastal Management Program. The Coastal Zone Management Program evaluation will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended (CZMA) and regulations at 15 CFR Part 923, Subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of a Coastal Management Program requires findings concerning the extent to which a state has met the national objectives, adhered to its Coastal Management Program document approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. Each evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, State, and local agencies and members of the public. Two public meetings will be held as part of the site visit. Notice is hereby given of the dates of the site visit for the listed evaluation, and the dates, local times, and locations of the public meetings during the site visit.

NMFS announces that 95 percent of the Atlantic herring total allowable catch (TAC) allocated to Management Area 1A (Area 1A) for 2006 is projected to be harvested by October 21, 2006. Therefore, effective 0001 hours, October 21, 2006, federally permitted vessels may not fish for, catch, possess, transfer or land more than 2,000 lb (907.2 kg) of Atlantic herring in or from Area 1A per trip or calendar day until January 1, 2007, when the 2007 TAC becomes available, except for transiting purposes as described in this notice. Regulations governing the Atlantic herring fishery require publication of this notification to advise vessel and dealer permit holders that no TAC is available for the directed fishery for Atlantic herring harvested from Area 1A.

NMFS announces the first round of Protected Species Safe Handling, Release, and Identification Workshops. The workshops will be held in November and December 2006 and are mandatory for vessel owners and operators who use bottom longline, pelagic longline, or shark gillnet gear, and have also been issued shark or swordfish limited access permits. Vessel owners and operators whose permits expire in January 2007 must attend a workshop in 2006. Additional workshops will be held throughout 2007; however, vessel owners and operators whose permits expire in the winter or spring of 2007 are welcome to attend the first round of workshops in 2006.

The North Pacific Fishery Management Council's (NPFMC) Gulf of Alaska (GOA) and Bering Sea/Aleutian Islands (BS/AI) groundfish plan teams will meet in Seattle, WA.

The North Pacific Fishery Management Council's (Council) Crab Plan Team will meet in Seattle, WA.

The Pacific Fishery Management Council's (Council) Ad Hoc Groundfish Trawl Individual Quota Committee (TIQC) will hold a working meeting which is open to the public.

NMFS informs surfclam and ocean quahog allocation owners that they will be required to purchase their year 2007 cage tags from a vendor. The intent of this notice is to comply with regulations for the surfclam and ocean quahog fisheries and to promote efficient distribution of cage tags.

Notice is hereby given that Molly Lutcavage, Department of Zoology, 177 A Spaulding Hall, University of New Hampshire, Durham, NH 03824-2617, has requested a modification to scientific research Permit No. 1557.

The New England Fishery Management Council (Council) is rescheduling a public meeting of its Groundfish Oversight Committee. Recommendations from this panel will be brought to the full Council for formal consideration and action, if appropriate.

NOAA's Office of Education (OED) is requesting applications for environmental literacy projects in support of free-choice learning. The proposed projects should support NOAA's vision which is: an informed society that uses a comprehensive understanding of the role of the ocean, coasts, and atmosphere in the global ecosystem to make the best social and economic decisions. Successful projects should reach significant segments of the U.S. population at a State, multi-state or national level. The environmental literacy messages should clearly convey how the Earth system influences a project's target audience, how the target audience is influencing the Earth system and how an environmentally literate public can make informed decisions. The goal of these projects should be to provide adequate information to move the audience's knowledge beyond basic awareness while reaching audiences sufficient in size with a message that promotes such a change. Funded projects will last between one and five years in duration and will create new, or capitalize on existing, networks of institutions, agencies and/or organizations to provide common messages about key concepts in Earth System Science, for example the Ocean Literacy Essential Principles and Fundamental Concepts (https:// www.coexploration.org/oceanliteracy/documents/OceanLitConcept s 10.11.05.pdf). Applications for exhibits involving construction of part or all of a building are not eligible for funding under this announcement. Formal education projects and projects whose main focus is on development of new data visualizations and platforms will not be considered for funding through this announcement. Please visit https:// www.oesd.noaa.gov/fundingopps.html for information on additional funding opportunities in those areas. This funding opportunity meets NOAA's Mission Goal to protect, restore and manage the use of coastal and ocean resources through ecosystems-based management.

NMFS announces its intent to prepare an EIS pursuant to the National Environmental Policy Act of 1969 (NEPA), in order to assess the impacts of issuing annual quotas for the subsistence harvest of bowhead whales by Alaska Natives from 2008 through 2017. Publication of this notice begins the official scoping period that will help identify issues and alternatives to be considered in the EIS. The scoping process will end December 15, 2006.

We, NMFS, revise: our species of concern list by adding three and removing six species; our definition of candidate species; and our candidate species list by adding four species and removing two. We solicit information and comments on the status of, and research and stewardship opportunities for, species of concern.

The National Oceanic and Atmospheric Administration publish this notice to announce the availability of the draft Prospectus for one of the U.S. Climate Change Science Program (CCSP) Synthesis and Assessment Products for public comment. This draft Prospectus addresses the following CCSP Topic: Product 2.4 Trends in emissions of ozone-depleting substances, ozone layer recovery, and implications for ultraviolet radiation exposure and climate change. After consideration of comments received on the draft Prospectus, the final Prospectus along with the comments received will be published on the CCSP web site.

NMFS has received an application from the Bay Marina Management Incorporated (BMMI) for the re-issuance of an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by Level B harassment only, incidental to dredging on the west side of the Pier 39 Marina on the San Francisco waterfront, CA. NMFS issued an IHA for these activities in October, 2005; however, BMMI will be unable to complete the work by the time the 2005 IHA expires on October 16, 2006. Therefore, BMMI has requested a new IHA to cover the completion of the previously analyzed and authorized action. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to BMMI for the take, by Level B Harassment only, of small numbers of California sea lions and Pacific harbor seals.

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). Based on preliminary review of this project, a Categorical Exclusion (CE) from requirements to prepare either an Environmental Impact Statement (EIS) or an Environmental Assessment (EA) under the National Environmental Policy Act (NEPA) appears to be justified. 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 two commercial fishing vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP, which would enable the applicants to investigate the feasibility of using a trawl net with buoyant ground cables and a buoyant sweep to reduce seabed contact and improve species selectivity, would allow for exemptions from the FMP as follows: Gulf of Maine (GOM) Rolling Closure Areas II, III, IV, and V for two vessels; and an exemption from the days-at-sea (DAS) effort control requirements for one vessel. 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.

The Gulf of Mexico Fishery Management Council (Council) to convene a workgroup of its Socioeconomic Panel (SEP) via conference call.