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

NMFS issues this proposed rule for the Central Gulf of Alaska (GOA) rockfish fisheries to revise monitoring and enforcement (M&E) provisions related to catcher/processor vessels harvesting under the opt-out fishery, and to make changes to regulations governing the rockfish fisheries. This action is necessary to clarify procedures and to correct discrepancies in a November 20, 2006, final rule. This proposed rule is intended to promote the goals and objectives of the Fishery Management Plan for groundfish of the Gulf of Alaska (FMP), the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), and other applicable law.

Amendment 13 to the Northeast (NE) Multispecies Fishery Management Plan (FMP) (Amendment 13) authorized allocation of up to 20 percent of the annual Georges Bank (GB) cod total allowable catch (TAC) to the GB Cod Hook Sector (Sector). Pursuant to that authorization, the Sector has submitted an Operations Plan and Sector Contract entitled, ``Georges Bank Cod Hook Sector Fishing Year 2007-2008 Operations Plan and Agreement'' (together referred to as the Sector Agreement) and has requested an allocation of GB cod, consistent with regulations implementing Amendment 13. A Supplemental Environmental Assessment has also been prepared. This document provides interested parties an opportunity to comment on the proposed Sector Agreement prior to final approval or disapproval of the Sector Operations Plan and allocation of GB cod TAC to the Sector for the 2007 fishing year (FY).

NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). These actions are necessary to allow the 2007 B season total allowable catch (TAC) of Pacific cod to be harvested.

The Gulf of Mexico Fishery Management Council (Council) will convene via Conference Call in a closed session to select members to an Ad Hoc Recreational Red Snapper Advisory Panel, the Ecosystem Scientific and Statistical Committee, and an Ad Hoc Red Drum Scientific Review Panel.

We, the NMFS, have received a petition to list the black abalone (Haliotis cracherodii) as a threatened or endangered species and to designate critical habitat under the Endangered Species Act (ESA). We find that the petition presents substantial scientific information indicating that the petitioned action may be warranted. This finding normally initiates a formal status review, but as described below in the Background section (see SUPPLEMENTARY INFORMATION), in this case, we had already initiated a formal status review on October 17, 2006. To ensure that the review is comprehensive, we are soliciting information pertaining to this species, any potential critical habitat, and recommendations of qualified individuals to peer review the agency's black abalone status review report.

NMFS announces that the directed fishery for Loligo squid in the Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, April 13, 2007. Vessels issued a Federal permit to harvest Loligo squid may not retain or land more than 2,500 lb (1,134 kg) of Loligo squid per trip for the remainder of the trimester (through April 30, 2007). This action is necessary to prevent the fishery from exceeding its Trimester I quota and to allow for effective management of this stock.

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

NMFS announces that the Mid-Atlantic Fishery Management Council (Council) has submitted Amendment 14 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) (Amendment 14), incorporating the draft Environmental Assessment (EA), preliminary Regulatory Impact Review (RIR), and the Initial Regulatory Flexibility Analysis (IRFA), for review by the Secretary of Commerce and is requesting comments from the public. The proposed measures include a plan to rebuild the scup stock from an overfished condition to the level associated with maximum sustainable yield, as required by the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The proposed action also includes an administrative change that would allow changes to the scup Gear Restricted Areas (GRAs) through a framework adjustment to the FMP. The intended effect of this change is to improve the timing of developing and implementing modifications to the GRAs.

This notice extends the comment period for 14 days on an March 13, 2007, Federal Register notice regarding a request for an exempted fishing permit (EFP) to collect fisheries data in the East Florida Coast and Charleston Bump closed areas. Due to extensive comments received from the public, the Agency is extending the comment period to allow for additional comments to be received prior to making a determination on the application.

In response to renewed fishing industry support for marketing and promotion-related activities, NMFS enacts regulations to implement the Fish and Seafood Promotion Act (FSPA) of 1986 for the establishment, organization, and operation of Seafood Marketing Councils (Councils). Council marketing and promotion plans will be designed to increase the general demand for fish and fish products by encouraging, expanding, and improving the marketing and utilization of fish and fish products both in domestic or foreign markets, through consumer education, research, and other marketing and promotion activities. The intent of this rule is to increase benefits from domestic fisheries while maintaining consistency with NMFS' stewardship goals and mission statement.

NMFS closes the commercial hook-and-line fishery for king mackerel in the exclusive economic zone (EEZ) in the southern Florida west coast subzone. This closure is necessary to protect the Gulf king mackerel resource.

NMFS has received an application from Shell Offshore, Inc. (SOI) for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to conducting open-water offshore exploratory drilling on Outer Continental Shelf (OCS) oil lease blocks in the Beaufort Sea off Alaska. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to SOI to incidentally take, by Level B harassment, small numbers of several species of marine mammals between mid-July and November, 2007, incidental to conducting this drilling program.

NMFS has received an application from Scripps Institute of Oceanography (SIO) for an Incidental Harassment Authorization (IHA) to take marine mammals incidental to conducting a low-energy marine seismic survey in the northeastern Indian Ocean during May-August 2007. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to SIO to incidentally take, by Level B harassment only, several species of marine mammals during the aforementioned activity.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Ad Hoc Sector Omnibus Committee (Committee) in April, 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.

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 marine mammals, by harassment, incidental to conducting an on-ice marine geophysical research and development (R&D) program in the U.S. Beaufort Sea, has been issued to Shell Offshore, Inc. (SOI) for a period between March and May 2007.

NMFS announces that the Administrator, Northeast (NE) Region, NMFS (Regional Administrator), is increasing the Georges Bank (GB) yellowtail flounder trip limit to 25,000 lb (11,340 kg) for NE multispecies days-at-sea (DAS) vessels fishing in the U.S./Canada Management Area. This action is authorized by the regulations implementing Amendment 13 to the NE Multispecies Fishery Management Plan and is intended to prevent under-harvesting of the Total Allowable Catch (TAC) for GB yellowtail flounder while ensuring that the TAC will not be exceeded during the 2006 fishing year. This action is being taken to provide additional opportunities for vessels to fully harvest the GB yellowtail flounder TAC under the authority of the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

In accordance with provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that Incidental Harassment Authorizations (IHAs) to take marine mammals, by harassment, incidental to conducting seismic operations in the northwest portion of Cook Inlet, Alaska, have been issued to ConocoPhillips Alaska, Inc. (CPAI) and Union Oil Company of California (UOCC) for a period between mid-March and mid-June, 2007.

Notice is hereby given that the New York State Department of Environmental Conservation (Kathryn Hattala, Principal Investigator), 21 South Putt Corners Road; New Paltz, New York 12561, has been issued a modification to scientific research Permit Number 1547.

Limit 10(i) of the June 28, 2005, Endangered Species Act (ESA) provides that road maintenance programs that comply with a program substantially similar to that contained in the Oregon Department of Transportation (ODOT) Guide that is determined to meet or exceed the protections provided by the ODOT Guide can be excepted from the prohibitions provided in earlier sections of that rule. The Five Counties Salmon Conservation Program's (5 C) ``A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds'' (Manual), is a comprehensive road maintenance program for Humboldt, Del Norte, Siskiyou, Trinity, and Mendocino Counties (5 C area). If the Manual is qualified under Limit 10(i), each of the five counties would adopt the Manual as its road maintenance program. To facilitate NMFS review of the Manual under Limit 10(i), 5 C prepared a submittal package that addresses each of the approval criterion in the 4(d) rule. The Manual would affect two Evolutionarily Significant Units (ESUs) of threatened salmon and two Distinct Population Segments (DPSs) of threatened steelhead identified in the SUPPLEMENTARY INFORMATION below. The Manual specifies the future management practices for routine road maintenance activities within the 5 C area. This notice serves to inform the public of the availability of the Manual and submittal package for review and comment.

Notice is hereby given of an annual meeting of the National Marine Fisheries Service (NMFS) and the State Marine Fisheries Directors. This annual meeting provides the opportunity for State and Federal fishery managers to discuss fishery management areas ofconcern. The meeting will be hosted by the Pacific States Marine Fisheries Commission(PSMFC). All sessions will be open to the public.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces the postponement of the previously scheduled Coastal Zone Management Act program evaluation of the U.S. Virgin Islands Coastal Management Program.

NMFS proposes initial 2007 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery to set BFT quotas for each of the established domestic fishing categories and to set effort controls for the General category and Angling category. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). A minor administrative change to the permit regulations is also proposed. NMFS solicits written comments and will hold public hearings in April 2007 to receive oral comments on these proposed actions.

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce is announcing a thirty day public comment period on the revised Weeks Bay National Estuarine Research Reserve Management Plan which will begin on the day this announcement is published. Comments should be sent within the comment period in hard copy or e- mail to Matthew Chasse at Matt.Chasse@noaa.gov or NOAA's Estuarine Reserves Division, 1305 East-West Highway, N/ORM5, 10th floor, Silver Spring, MD 20910. The Weeks Bay National Estuarine Research Reserve was designated in February 1986 pursuant to Section 315 of the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1461. The reserve has been operating under a management plan approved in 1998. Pursuant to 15 CFR 921.33(c), a state must revise its management plan every five years. The submission of this plan fulfills this requirement and sets a course for successful implementation of the goals and objectives of the reserve. A boundary expansion, new facility and land acquisition plans, and updated programmatic objectives are notable revisions to the 1998 approved management plan. Since the Weeks Bay National Estuarine Research Reserve was designated, it has been managed by the Alabama Department of Economic and Community Affairs. Since that time, state responsibility for the management of the reserve has been transferred to the Alabama Department of Conservation and Natural Resources (ADCNR), State Lands Division. A revised MOU between NOAA and the State of Alabama was approved to reflect these changes. Under ADCNR, the revised management plan outlines the administrative structure; the education, stewardship, and research goals of the reserve; and the plans for future land acquisition and facility development to support reserve operations. Three hundred and thirty three (333) acres of state-owned coastal and submerged lands adjacent to the reserve are incorporated through the boundary amendment in the management plan revision. The expansion provides a broader and more representative diversity of wetland and water habitats into the reserve boundary. The new boundary and will provide areas for reserve related research and education programs. The tidal freshwater riverine, emergent and forested wetland communities protected through this expansion further enhance the Weeks Bay reserve as an appropriate and ecologically representative site for long-term research and education.