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

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 announces that the percentage of the tilefish annual total allowable landings (TAL) available to the Part-time permit category for the 2007 fishing year has been harvested. Commercial vessels fishing under the Part-time tilefish category may not harvest tilefish from within the Golden Tilefish Management Unit for the remainder of the 2007 fishing year (through October 31, 2007). Regulations governing the tilefish fishery require publication of this notification to advise the public of this closure.

This final rule implements Amendment 16-4 to the Pacific Coast Groundfish Fishery Management Plan (FMP) and sets 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 modifies 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 for non-overfished species. 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 ecosystem. In addition to the management measures implemented specifically for the groundfish fisheries, this rule implements a new Yelloweye Rockfish Conservation Area (YRCA) off Washington State, which will be closed to commercial salmon troll fishing to reduce incidental mortality of yelloweye rockfish in the salmon troll fishery.

We, NMFS, have completed a comprehensive status review of right whales in the northern hemisphere under the Endangered Species Act (ESA). Based on the findings from the status review, we have concluded these right whales exist as two species, the North Atlantic right whale (Eubalaena glacialis) and the North Pacific right whale (E. japonicus). We have also determined that each of these species is in danger of extinction throughout its range. To reflect this taxonomic revision, we are issuing two proposed rules to designate each separately as an endangered species. This proposed rule is to list the North Atlantic right whale; a proposed rule to list the North Pacific right whale is issued separately. We are soliciting public comment on this proposed listing determination.

NMFS will host a meeting of the Regional Fishery Management Council Chairs, Vice Chairs, and Executive Directors in January 2007. The intent of this meeting is to discuss issues of relevance to the Councils, including implementation of the FY 2007 budget, updates on NMFS initiatives on limited access programs, and issues related to implementation of the bill recently passed by Congress that would amend the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).

NMFS apportions amounts of the non-specified reserve of groundfish to the initial total allowable catch (ITAC) for arrowtooth flounder and flathead sole in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the fishery to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI.

NMFS announces that the State of Maryland is transferring 45,000 lb (20,412 kg) of commercial bluefish quota to the State of Rhode Island from its 2006 quota and that the State of Delaware is transferring 15,000 lb (6,804 kg) of commercial bluefish quota to the State of Rhode Island. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Research Steering Committee in January, 2007, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

The Pacific Fishery Management Council (Council) has begun its annual preseason management process for the 2007 ocean salmon fisheries. This document announces the availability of Council documents as well as the dates and locations of Council meetings and public hearings comprising the Council's complete schedule of events for determining the annual proposed and final modifications to ocean salmon fishery management measures. The agendas for the March and April 2007 Council meetings will be published in subsequent Federal Register documents prior to the actual meetings.

This notice responds to the Hydrographic Services Improvement Act Amendments of 2002, Public Law 107-372, which requires the Under Secretary of Commerce for Oceans and Atmosphere to solicit nominations for membership on the Hydrographic Services Review Panel (the Panel). This advisory committee will advise the Under Secretary on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998 (the Act), and such other appropriate matters as the Under Secretary refers to the Panel for review and advice.

The North Pacific Fishery Management Council's (Council) Aleutian Islands Ecosystem Team will meet in Seattle, WA, Room to be posted on web.

NMFS implements this interim rule to reduce overfishing that may occur in 2007. This rule delays the opening of the Elephant Trunk Access Area (ETAA) until March 1, 2007, reduces the maximum number of trips per vessel in the ETAA per limited access vessel, reduces the number of general category fleet trips from 1,360 to 865 trips in the ETAA, and prohibits the retention of more than 50 U.S. bushels (17.62 hL) of in-shell scallop outside of the boundaries of the ETAA. This interim action is necessary because a recent projection by the New England Fishery Management Council's (Council) Plan Development Team (PDT) indicated that overfishing of the scallop resource may occur in the 2007 fishing year (FY). The new information presents previously unforeseen circumstances that also present serious management problems to the fishery. Overharvest of the ETAA in FY 2007, and resulting overfishing that may result, could undermine the goals and objectives of area rotation that is the cornerstone of the Atlantic Sea Scallop Scallop Fishery Management Plan (FMP). The ETAA has an unprecedented high abundance of scallops, which needs to be husbanded with caution to effectively preserve the long-term health of the scallop resource and fishery.

Notice is hereby given that Dr. Doug Peterson (Permit Holder and Principal Investigator), Warnell School of Forest Resources (Fisheries Division), University of Georgia, Athens, GA 30602 (File No. 1420-01) has been issued a modified permit to conduct scientific research on shortnose sturgeon (Acipenser brevirostrum).

NMFS announces that the summer flounder commercial quota available to New Jersey has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in New Jersey for the remainder of calendar year 2006, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise New Jersey that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in New Jersey.

NMFS announces that fish quotas and an effort allocation are available for harvest by U.S. fishermen in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area. This action is necessary to make available to U.S. fishermen a fishing privilege on an equitable basis.

The Gulf of Mexico Fishery Management Council (Council) will convene its SSC Selection Committee via conference call to select several (2 or 3) of the Standing SSC members to serve on a select committee. The committee members will monitor the actions of the NMFS design and analysis group and report to the Council.

The Gulf of Mexico Fishery Management Council will convene a public meeting of the Shrimp Advisory Panel (AP).

The Gulf of Mexico Fishery Management Council (Council) will convene a public meeting of the Ad Hoc Shrimp Effort Management Advisory Panel (AP).

The Pacific Fishery Management Council's (Council) Ad Hoc Shoreside Whiting Alternative Group (Ad Hoc Group) will hold a work session via conference call, which is open to the public.

The National Oceanic and Atmospheric Administration (NOAA) published a document (Final Rule) in the Federal Register on January 5, 2006, effective on February 6, 2006, revising the federal consistency regulations under the Coastal Zone Management Act of 1972 (CZMA). That document referenced an incorrect cross-reference in Sec. 930.125(b) and unnecessarily required the submission of multiple copies of some documents in Sec. Sec. 930.127(d)(1) and 930.127(i)(2). This document amends the final regulations by revising these sections.

In accordance with provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that 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) has been issued to the Scripps Institution of Oceanography (SIO).

NMFS closes the commercial fishery for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has determined the fall portion of the annual commercial quota for red snapper will have been reached by December 26, 2006. This closure is necessary to protect the red snapper resource.

NMFS announces that it is considering and seeking public comment on the implementation of further minimum carapace length (gauge) increases, escape vent size increases, and trap reductions in the offshore American lobster fishery, consistent with recommendations for Federal action in the Atlantic States Marine Fisheries Commission's (Commission) Interstate Fishery Management Plan for American Lobster (ISFMP) and pending management actions of the Commission's American Lobster Management Board (Board). A similar announcement, published in the Federal Register on December 13, 2005, notified the public that NMFS was considering and requesting comment on gauge and escape vent size increases in multiple lobster conservation management areas (LCMAs). However, since the publication of that document, many LCMA- specific Commission recommendations were modified in response to information in an updated peer-reviewed stock assessment published January 2006. Subsequent Commission deliberations resulted in the Board making changes to the fishery management plan, adding and repealing measures, such that many of the newer plan elements focused primarily on LCMA 3. Some measures relevant to this action, still under Board consideration, are included within the scope of this rulemaking. Accordingly, NMFS announces that this present ANPR revises the December 13, 2005, ANPR and invites public comment on changes to the ISFMP, either formally approved by the Board or pending approval. Any repealed measures, having previously been raised in the December 13, 2005, ANPR, will remain within the scope of this present ANPR, although the Board's repeal is notable and NMFS invites comment on the Board's withdrawal of the measures.

NMFS announces Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops to be held in January, February, and March of 2007. Additional workshops will be held throughout 2007 and will be scheduled at a later date. The Atlantic Shark Identification Workshops are mandatory for all federally permitted Atlantic shark dealers. As of December 31, 2007, an Atlantic shark dealer may not receive, purchase, trade, or barter for Atlantic shark unless a valid Atlantic Shark Identification Workshop certificate is on the premises of each business listed under the shark dealer permit. Additionally, after December 31, 2007, Atlantic shark dealers may not renew a Federal shark dealer permit unless a valid Atlantic Shark Identification Workshop certificate has been submitted with the permit renewal application. Atlantic Shark Identification Workshops will be held throughout 2007, at no charge to the participant. The Protected Species Safe Handling, Release, and Identification Workshops are mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and have also been issued shark or swordfish limited access permits. Vessel owners and operators whose permits expire in January, February, or March 2007 must attend one of these free workshops in order to renew their permit.

The Assistant Administrator for Fisheries (AA), NOAA, announces the extension of temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These restrictions will continue to apply to lobster trap and anchored gillnet fishermen in an area totaling approximately 1,809 nm\2\ (6,204 km\2\), east of Portland, Maine, for an additional 15 days. The purpose of this action is to provide immediate protection to an aggregation of Northern right whales (right whales).