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

We, the National Marine Fisheries Service (NMFS), announce a 5-year review of the Caribbean monk seal (Monachus tropicalis) under the Endangered Species Act (ESA) of 1973. The Caribbean monk seal was listed as endangered in 1967 under the Endangered Species Preservation Act of 1966 (32 FR 4001) and then again in 1979 following its re- assessment under the ESA (44 FR 21288). A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate. A 5-year review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information on the Caribbean monk seal that has become available since its last status review in 1984 (49 FR 44774). Based on the results of this 5-year review, we will make the requisite findings under the ESA.

Notice is hereby given that David Mann, Ph.D., College of Marine Science, The University of South Florida, College of Marine Science, 140 Seventh Avenue South, St. Petersburg, FL 33701 has been issued a permit to conduct research on certain cetacean species.

We, the National Marine Fisheries Service (NMFS), issue a final rule designating critical habitat for the Southern Resident killer whale (Orcinus orca) distinct population segment (DPS). Three specific areas are designated, (1) the Summer Core Area in Haro Strait and waters around the San Juan Islands; (2) Puget Sound; and (3) the Strait of Juan de Fuca, which comprise approximately 2,560 square miles (6,630 sq km) of marine habitat. We considered the economic impacts and impacts to national security, and concluded the benefits of exclusion of 18 military sites, comprising approximately 112 square miles (291 sq km), outweighed the benefits of inclusion because of national security impacts. We solicited comments from the public on all aspects of the proposed rule. An economic analysis, biological report, and Endangered Species Act (ESA) report were available for comment along with the proposed rule. The supporting documents have been finalized in support of the final critical habitat designation.

NMFS announces changes to management measures in the commercial and recreational Pacific Coast groundfish fisheries. These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), are intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.

NMFS announces a meeting, via teleconference, of the General Advisory Committee to the U.S. Section to the Inter-American Tropical Tuna Commission (IATTC) in January 2007. Meeting topics are provided under the SUPPLEMENTARY INFORMATION section of this notice.

The National Marine Fisheries Service (NMFS) announces the availability for public review of the draft revised Recovery Plan (Plan) for the Hawaiian monk seal (Monachus schauinslandi). NMFS is soliciting review and comment on the Plan from the public and all interested parties, and will consider and address all substantive comments received during the comment period.

This notice announces the Department of Commerce (Department's) proposal for a new system of records under the Privacy Act. NOAA Fisheries, Northwest Region is creating a new system of records for permits and non-permit registrations is for use with a variety of fisheries management programs. NOAA Fisheries requires the use of permits or registrations by participants in certain fisheries of the Exclusive Economic Zone (EEZ) off Washington, Oregon, and California and on the high seas outside of the EEZ. Applications for various permits and registrations are collected from individuals under the authority of the Magnuson-Stevens Act and the High Seas Fishing Compliance Act. This new record system is necessary to identify participants in the fishery and to evaluate whether the applicants/ participants meet the established requirements for such fishing privileges.

NMFS proposes to amend regulations governing the U.S. Atlantic swordfish fishery to enable a more thorough utilization of the U.S. North Atlantic swordfish quota. The U.S. North Atlantic swordfish quota is derived from the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention Act (ATCA). For the past several years, the U.S. Atlantic swordfish fishery has not fully harvested its available quota. The objective of this proposed action is to provide a reasonable opportunity for U.S. vessels to fully harvest the ICCAT-recommended U.S. North Atlantic swordfish quota, as specified in the Magnuson-Stevens Act, in recognition of the improved stock status of North Atlantic swordfish. This proposed rule would increase swordfish retention limits for Incidental swordfish permit holders, and modify recreational swordfish retention limits for HMS Charter/headboat and Angling category permit holders. The proposed rule would also modify HMS limited access vessel upgrading restrictions for pelagic longline (PLL) vessels. These actions are necessary to address persistent underharvests of the domestic swordfish quota, while continuing to minimize bycatch to the extent practicable, so that swordfish are harvested in a sustainable, yet economically viable manner.

Notice is hereby given that Duke Power Company (Gene E. Vaughan, Principal Investigator), 13339 Hagers Ferry Road, Huntersville, North Carolina, 28078 has been issued a permit to conduct scientific research on shortnose sturgeon (Acipenser brevirostrum).

NMFS announces its intent to issue Exempted Fishing Permits (EFPs), Scientific Research Permits (SRPs), Display Permits, Letters of Acknowledgment (LOAs) and Chartering Permits for the collection of Atlantic highly migratory species (HMS) in 2007. In general, EFPs, SRPs, Display Permits, and Chartering Permits would authorize collections of a limited number of Atlantic tunas, swordfish, billfishes, and sharks from Federal waters in the Atlantic Ocean and Gulf of Mexico for the purposes of scientific data collection and public display. The issuance of EFPs to Atlantic billfishes tournaments for the use of J-hooks to fish for blue marlin is also discussed in this notice. Typically, EFPs, SRPs, LOAs, Display Permits, and Chartering Permits would be valid from the date of issuance through December 31, 2007.

The Mid-Atlantic Regional Fishery Management Council (Council); its Joint Dogfish Committee; its Ecosystems Committee; and, its Squid, Mackerel, Butterfish Committee will hold public meetings.

NMFS publishes this notice to re-open the solicitation period for the Chesapeake Bay to provide the public more time to submit proposals.

NMFS, upon application from Eglin Air Force Base (Eglin AFB), is issuing regulations to govern the unintentional takings of marine mammals incidental to conducting Precision Strike Weapons (PSW) testing and training in the Gulf of Mexico (GOM). Issuance of regulations and Letters of Authorization (LOAs) under these regulations governing the unintentional incidental takes of marine mammals in connection with particular activities 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 the availability of them for subsistence uses. These regulations do not authorize Eglin AFB's PSW activities as such authorization is not within the jurisdiction of the Secretary. Rather, NMFS' regulations together with a Letter of Authorization (LOA) authorize 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.

The National Geodetic Survey (NGS) will publish North American Datum of 1983 (NAD 83) State Plane Coordinate (SPC) grid values in both meters and U.S. Survey Feet (1 ft = 1200/3937 m) in Kansas, for all well defined geodetic survey control monuments maintained by NGS in the National Spatial Reference System (NSRS) and computed from various geodetic positioning utilities. The adoption of this standard is implemented in accordance with NGS policy and a request from the Kansas Department of Transportation, the Kansas Society of Land Surveyors, and the Kansas Information technology Office.

Notice is hereby given that South Carolina Department of Natural Resources (SCDNR), Marine Resources Division, P.O. Box 12559, Charleston, SC 29422-2559 has been issued a modification to scientific research Permit No.1540-01.

NMFS issues this final rule to implement Amendment 26 to the Fishery Management Plan for the Reef Fish Fishery of the Gulf of Mexico (FMP). Amendment 26 establishes an individual fishing quota (IFQ) program for the commercial red snapper sector of the reef fish fishery in the Gulf of Mexico. Initial participants in the IFQ program will receive percentage shares of the commercial quota of red snapper based on specified historical landings criteria. The percentage shares of the commercial quota will equate to annual IFQ allocations. Both shares and IFQ allocations will be transferable. In addition, 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. The intended effect of this rule is to manage the commercial red snapper sector of the reef fish fishery to preserve its long-term economic viability and to achieve optimum yield from the fishery.

Maine Department of Marine Resources (MDMR) (Gail S. Wippelhauser, Principal Investigator), 21 State House Station, Augusta, ME, 04333 has been issued a permit to take shortnose sturgeon (Acipenser brevirostrum) for purposes of scientific research.

NOAA publishes this notice to reopen the solicitation period on the ``Joint Hurricane Testbed (JHT) Opportunities for Transfer of Research and Technology Into Tropical Cyclone Analysis and Forecast Operations,'' which was originally announced in the Federal Register on June 12, 2006. This notice is being reopened to permit a wider range of applications and revised proposals and to more fully explain the application process for federal applicants. The solicitation period is reopened from November 21, 2006 to December 6, 2006.

NMFS is announcing that the quotas for the Atlantic surfclam and ocean quahog fisheries for 2007 remain status quo. Regulations governing these fisheries require NMFS to notify the public of the allowable harvest levels for Atlantic surfclams and ocean quahogs from the Exclusive Economic Zone in the Federal Register if the previous year's quota specifications remain unchanged.

This notice announces receipt of an application for an exempted fishing permit (EFP) from the American Fisheries Act (AFA) Catcher Vessel Intercooperative, and the Pollock Conservation Cooperative. If granted, the EFP would allow the applicants to use a salmon bycatch reduction intra-cooperative agreement (ICA) in the 2007 Bering Sea pollock fishery, and be exempt from closures of the salmon savings areas. This project is intended to promote the objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) and National Standard 9 of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).

The North Pacific Fishery Management Council (Council) will hold a workshop on potential gear modification regulations as a part of the analysis for the Bering Sea Habitat Conservation analysis.

The Climate Change Science Program (CCSP) Product Development Committee for Synthesis and Assessment Product 5.3 (CPDCS&A 5.3) was established by Charter on October 12, 2006. CPDCS&A 5.3 is the Federal Advisory Committee charged with responsibility to develop a draft Synthesis and Assessment Product that addresses CCSP Topic 5.3: ``Decision-Support Experiments and Evaluations Using Seasonal to Interannual Forecasts and Observational Data''. Time and Date: The meeting will be held Monday, December 11, 2006 from 11 a.m. to 1 p.m. This time and the agenda topics described below are subject to change. Refer to the Web page https:// www.climate.noaa.gov/index.jsp?pg=./ccsp/53.jsp for the most up-to-date meeting agenda. Place: The meeting will be held via teleconference. Please contact Dr. Nancy Beller-Simms for further information (contact information follows). Status: The meeting will be open to public participation with a 30- minute public comment period on December 11 from 12:30-1 p.m. (times are dependent on number of participants; check Web site to confirm this time). 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 CPDC S&A 5.3 Designated Federal Official by December 5, 2006 to provide sufficient time for review. Written comments received after that date will be distributed to the CPDCS&A 5.3, but may not be reviewed prior to the meeting date. Matters to Be Considered: The meeting will include, but not be limited to, the following topics: (1) Discussion of procedures for completion of the first draft of the Synthesis and Assessment Product 5.3; (2) Discussion of plans for completion and submission of future drafts and procedures; (3) Discussion of a stakeholder workshop to be held in early January.

NMFS and the Minerals Management Service (MMS) announce their intention to prepare a Programmatic Environmental Impact Statement (PEIS) pursuant to the National Environmental Policy Act of 1969 (NEPA). This PEIS is being prepared to assess the impacts of MMS' annual authorizations under the Outer Continental Shelf Lands Act (OCSLA) to the U.S. oil and gas industry to conduct offshore geophysical seismic surveys in the Chukchi and Beaufort seas off Alaska, and NMFS' authorizations under the Marine Mammal Protection Act (MMPA) to incidentally harass marine mammals while conducting those surveys. Publication of this notice begins the official scoping period that will help clarify previously identified issues and alternatives to be considered in the PEIS. The NMFS and MMS will consider comments received in response to this notice in determining the scope of the PEIS. The public will have additional opportunities to comment on the draft PEIS and any applications received under the MMPA as part of this action.

NMFS issues this final rule to implement the seasonal closure provisions of a regulatory amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule establishes a seasonal closure of the recreational fishery for gag, red grouper, and black grouper in or from the Gulf exclusive economic zone (EEZ). The intended effect of this final rule is to help maintain recreational landings at levels consistent with the red grouper rebuilding plan while minimizing potential shift of fishing effort to associated grouper species.

The South Atlantic Fishery Management Council (Council) will hold a joint meeting of its Scientific and Statistical Committee (SSC), Snapper Grouper Advisory Panel, Snapper Grouper Committee, Controlled Access Committee, a joint meeting of its Habitat Committee and Ecosystem-Based Management Committee, Southeastern Data Assessment and Review (SEDAR) Committee, a joint meeting of its Executive Committee and Finance Committee, a joint meeting of its Law Enforcement Advisory Panel and Committee, King and Spanish Mackerel Committee, Economics Committee, Advisory Panel Selection Committee (Closed Session), Personnel Committee (Closed Session), and a meeting of the full Council. In addition, the Council will also hold a public scoping meeting regarding gag grouper management and a general public input session.