National Oceanic and Atmospheric Administration 2007 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the Alaska Department of Fish and Game, 1255 West 8\th\ Street, Juneau, AK, 99811 (Doug Larsen, Responsible Party), has applied in due form for a permit to collect, receive, and import marine mammal specimens for scientific research.

This action extends a temporary final rule initially published on October 18, 2005. The regulations contained in the temporary rule, emergency action, published on October 18, 2005, and subsequently extended several times at the request of the U.S. Food and Drug Administration (FDA), will expire on January 1, 2008. This temporary rule extends a closure of Federal waters through December 31, 2008. The FDA has determined that current oceanographic conditions and alga sampling data suggest that the northern section of the Temporary Paralytic Shellfish Poison (PSP) Closure Area remain closed to the harvest of bivalve molluscan shellfish and that the southern area remain closed to the harvest of whole or roe-on scallops. NMFS is publishing the regulatory text associated with this closure in this temporary emergency rule in order to ensure that current regulations accurately reflect the codified text that has been modified and extended numerous times, so that the public is aware of the regulations being extended through December 31, 2008.

NMFS has revised the conservation plan (Plan) for northern fur seals to incorporate new information obtained since the original plan was completed. The Plan is required by the Marine Mammal Protection Act (MMPA) and was initially completed in 1993. The goal of the Plan is to promote the recovery of northern fur seals to their optimum sustainable population levels. The Plan is available to the public.

We, the National Marine Fisheries Service (NMFS), announce a 90-day finding for a petition to revise leatherback turtle (Dermochelys coriacea) critical habitat under the Endangered Species Act of 1973, as amended (ESA). The leatherback turtle is currently listed as endangered throughout its range, and critical habitat consists of Sandy Point Beach and adjacent waters, St. Croix, U.S. Virgin Islands. The petition seeks to include waters along the U.S. West Coast as critical habitat. We find that the petition presents substantial scientific information indicating that the petitioned action may be warranted. We are initiating a review of the critical habitat of the species to determine whether the petitioned action is warranted. To ensure a comprehensive review, we solicit information and comments pertaining to this species' essential habitat needs from any interested party.

Pursuant to Section 104(f) the Global Change Research Act of 1990 (GCRA), the U.S. Climate Change Science Program Revised Research Plan Summary is being published in the Federal Register for a 60-day public comment period. The public comments received on the Revised Research Plan Summary will be considered during the preparation of the final Revised Research Plan as well as the Scientific Assessment document required by Section 106 of the GCRA. The final version of the full Revised Research Plan will be published on the CCSP web site. Public comments received on the Revised Research Plan Summary will be made available upon request.

Notice is hereby given that the New Jersey Department of Environmental Protection (NJDEP), Division of Science, Research and Technology, P.O. Box 409, Trenton, NJ 08625-0409 has been issued a permit to take marine mammals and sea turtles for purposes of scientific research.

The North Pacific Fishery Management Council's (Council) Crab Committee will meet January 9-10, 2008, in Anchorage, AK.

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 Nebraska, 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 Nebraska State Surveyor, Nebraska Department of Roads, the Professional Surveyors Association of Nebraska.

The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 1,580 nm\2\ (5,419 km\2\), south of Portland, Maine, for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales).

NMFS announces that the Western Pacific Fishery Management Council (Council) proposes to amend the Fishery Management Plan for the Bottomfish and Seamount Groundfish of the Western Pacific Region (Bottomfish FMP). Bottomfish FMP Amendment 14 was developed in response to a determination by NMFS that Hawaiian bottomfish stocks are experiencing overfishing, with the primary problem being excessive fishing mortality on seven deep water bottomfish species in the main Hawaiian Islands. Amendment 14 would end the overfishing by reducing bottomfish fishing mortality by 24 percent in 2008, and by establishing a management mechanism that would control fishing effort by responding to changes in the status of bottomfish stocks in the future.

NMFS issues this final rule to revise VMS requirements applicable to the commercial reef fish fishery in the Gulf of Mexico (Gulf) and to revise the allowable methods for complying with the advance notification of landing requirement in the Gulf red snapper individual fishing quota (IFQ) program. Regarding the VMS program, this final rule allows commercial reef fish vessel owners or operators to reduce the frequency of VMS transmissions while in port; extends the existing power-down exemption to include reef fish vessels while in port; and adds a grandfather clause to address VMS units approved for use in the Gulf reef fish fishery. Regarding the IFQ program, this final rule expands the allowable methods for communicating the required advance notification of landing. The intended effects of this final rule are to resolve an unanticipated technological problem with the VMS draining power from vessels that are in port without access to external power sources; provide a grandfather clause for previously approved Gulf reef fish VMS units; and facilitate compliance with the advance notification of landing requirement in the IFQ program. 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.

NMFS reduces the trip limit in the commercial hook-and-line fishery for king mackerel in the northern Florida west coast subzone to 500 lb (227 kg) of king mackerel per day in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the Gulf king mackerel resource.

NMFS, in consultation with the North Pacific Fishery Management Council (Council), announces its intent to prepare a Supplemental Environmental Impact Statement (SEIS) on revisions to Steller sea lion protection measures, in accordance with the National Environmental Policy Act of 1969 (NEPA). The proposed action is to revise the Steller sea lion protection measures for the Bering Sea and Aleutian Islands (BSAI) and the Gulf of Alaska (GOA) groundfish fisheries. The scope of the SEIS will be to determine the impacts to the human environment resulting from modifications to the existing protection measures. NMFS will accept written comments from the public to determine the issues of concern and the appropriate range of management alternatives to be addressed in the SEIS.

Notice is hereby given that Janice Straley, University of Alaska, 1332 Seward Ave, Sitka, Alaska 99835, has requested an amendment to scientific research Permit No. 473-1700-01.

The South Atlantic Fishery Management Council will hold meetings of its LAP Program Exploratory Workgroup in North Charleston, SC.

The Mid-Atlantic Fishery Management Council's Fishery Management Action Team (FMAT) will hold a public meeting regarding Amendment 15 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP).

NMFS proposes new and revised definitions for certain regulatory terms, and procedural and technical changes to the regulations addressing scientific research activities, exempted fishing, and exempted educational activities under the Magnuson-Stevens Fishery Conservation and Management Act. This action is necessary to provide better administration of these activities and to revise the regulations consistent with the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA). NMFS intends to clarify the regulations, ensure necessary information to complete required analyses is requested and made available, and provide for expedited review of permit applications where possible.

Notice is hereby given that the North Carolina Zoological Park, 4401 Zoo Parkway, Asheboro, NC 27205, has applied in due form for a permit to import two juvenile harbor seals (Phoca vitulina) for the purposes of public display.

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

The South Atlantic, Caribbean, and Gulf of Mexico Fishery Management Councils (Councils) will hold a public scoping meeting regarding amending the spiny lobster fishery management plan to address the importation of spiny lobster products that do not meet U.S. conservation standards. The amendment will examine various alternatives to restrict imports of spiny lobster into the United States to a minimum acceptable length and/or weight. Spiny Lobsters are currently being imported below the U.S. minimum size limits. Much of the imported lobster does not meet the minimum size limits in the country of origin. This is adversely impacting recruitment throughout Florida and the Caribbean and, as a result, the status of spiny lobster in Caribbean and U.S. waters because of the distribution and dispersal of larvae.

The North Pacific Fishery Management Council's (Council) Steller Sea Lion Mitigation Committee (SSLMC) will meet in Seattle, WA at the Nexus Hotel (January 6) and the Alaska Fishery Science Center (January 7 and 8).

At its Twenty-Sixth Meeting in Hobart, Tasmania, from October 22 to November 2, 2007, the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), of which the United States is a member, adopted conservation and management measures and resolutions, pending countries' approval, pertaining to fishing in the CCAMLR Convention Area. All the measures were agreed upon in accordance with Article IX of the Convention for the Conservation of Antarctic Marine Living Resources. Measures adopted restrict overall catches of certain species of finfish, squid, krill and crabs, restrict fishing in certain areas, restrict use of certain fishing gear, specify implementation and inspection obligations supporting the Catch Documentation Scheme of Contracting Parties, and promote compliance with CCAMLR measures by non-Contracting Party vessels. This notice includes the full text of the new and revised conservation measures adopted at the Twenty-Sixth meeting of CCAMLR. This notice also includes a listing of conservation measures that carry over from last year without change. The full text of these measures was published in the Federal Register on January 29, 2007. NMFS suggests that the public view these measures along with the measures contained in this Federal notice for a complete listing of all the measures adopted by CCAMLR at its recent meeting. The full text of all the measures adopted by CCAMLR can also be found on CCAMLR's Web sitehttps://www.ccamlr.org. This notice, therefore, together with the U.S. regulations referenced under the SUPPLEMENTARY INFORMATION, provides a comprehensive register of all current U.S. obligations under CCAMLR.

NMFS has received an application from Lamont-Doherty Earth Observatory (L-DEO), a part of Columbia University, for an Incidental Harassment Authorization (IHA) to take marine mammals incidental to conducting a marine seismic survey off Central America during February- April 2008. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to L-DEO to incidentally take, by Level B harassment only, small numbers of several species of marine mammals during the aforementioned activity.

Notice is hereby given that the United States Air Force, Environmental Management Office, Vandenberg Air Force Base, California, has been issued an amendment to Scientific Research Permit No. 859- 1680, for research on California sea lions (Zalophus californianus), northern elephant seals (Mirounga angustirostris), northern fur seals (Callorhinus ursinus), and Pacific harbor seals (Phoca vitulina richardsi) inhabiting Vandenberg Air Force Base and the northern Channel Islands, California.

The Gulf of Mexico Fishery Management Council will convene a joint meeting of The Standing and Special Reef Fish Scientific and Statistical Committees (SSC).