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

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Guana Tolomato Matanzas (Florida) National Estuarine Research Reserve, the San Francisco Bay (California) National Estuarine Research Reserve, the Jacques Cousteau (New Jersey) National Estuarine Research Reserve, the Maryland Coastal Management Program, and the Florida Coastal Management Program. The Coastal Zone Management Program evaluations 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 National Estuarine Research Reserve evaluations will be conducted pursuant to sections 312 and 315 of the CZMA and regulations at 15 CFR Part 921, Subpart E and Part 923, Subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of Coastal Management Programs and National Estuarine Research Reserves requires findings concerning the extent to which a state has met the national objectives, adhered to its Coastal Management Program document or Reserve final management plan 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. A public meeting will be held as part of each site visit. Notice is hereby given of the dates of the site visits for the listed evaluations, and the dates, local times, and locations of the public meetings during the site visits. Dates and Times: The Guana Tolomato Matanzas (Florida) National Estuarine Research Reserve evaluation site visit will be held July 17- 19, 2007. One public meeting will be held during the week. The public meeting will be held on Wednesday, July 18, 2007, at 6 p.m. at the Guana Tolomato Matanzas National Estuarine Research Reserve Environmental Education Center, 505 Guana River Road, Ponte Vedra Beach, Florida. The San Francisco Bay (California) National Estuarine Research Reserve evaluation site visit will be held August 27-30, 2007. One public meeting will be held during the week. The public meeting will be held on Tuesday, August 28, 2007, at 7 p.m. at the Farallon Room, Aquarium of the Bay, Pier 39, The Embarcadero at Beach Street, San Francisco, California. The Jacques Cousteau (New Jersey) National Estuarine Research Reserve evaluation site visit will be held September 11-13, 2007. One public meeting will be held during the week. The public meeting will be held on Wednesday, September 12, 2007, at 7 p.m. at the Jacques Cousteau National Estuarine Research Reserve Coastal Education Center, 130 Great Bay Boulevard, Tuckerton, New Jersey. The Maryland Coastal Management Program evaluation site visit will be held September 10-14, 2007. One public meeting will be held during the week. The public meeting will be held on Monday, September 10, 2007, at 6:30 p.m. at the Maryland Department of Natural Resources, Tawes State Office Building, C-1 Conference Room, 580 Taylor Avenue, Annapolis Maryland. The Florida Coastal Management Program evaluation site visit will be held September 17-21, 2007. One public meeting will be held during the week. The public meeting will be held on Tuesday, September 18, 2007, at 6:30 p.m. at the Florida Department of Environmental Protection, Marjorie Stoneman Douglas Building, Conference Room A, 3900 Commonwealth Boulevard, Tallahassee, Florida.

NMFS issues a proposed rule to implement Amendment 80 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). Amendment 80 (hereinafter the ``Program'') primarily would allocate several Bering Sea and Aleutian Islands (BSAI) non-pollock trawl groundfish fisheries among fishing sectors, and facilitate the formation of harvesting cooperatives in the non-American Fisheries Act (AFA) trawl catcher/processor sector. The Program would establish a limited access privilege program (LAPP) for the non-AFA trawl catcher/processor sector. This proposed action is necessary to increase resource conservation and improve economic efficiency for harvesters who participate in the BSAI groundfish fisheries. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the FMP, and other applicable law.

The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has renewed the affirmative finding for the Republic of Ecuador under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow yellowfin tuna harvested in the eastern tropical Pacific Ocean (ETP) in compliance with the International Dolphin Conservation Program (IDCP) by Ecuadorian-flag purse seine vessels or purse seine vessels operating under Ecuadorian jurisdiction to be imported into the United States. The affirmative finding was based on review of documentary evidence submitted by the Republic of Ecuador and obtained from the Inter-American Tropical Tuna Commission (IATTC) and the U.S. Department of State.

This action extends interim measures that were implemented by the National Marine Fisheries Service (NMFS) on December 22, 2006, to reduce the potential for overfishing the Atlantic sea scallop (scallop) resource and causing excessive scallop mortality resulting from deck loading by reducing the number of limited access and general category scallop trips to the Elephant Trunk Access Area (ETAA), and prohibiting the retention of more than 50 U.S. bushels (17.62 hL) of in-shell scallop outside of the boundaries of the ETAA. This action will extend these interim measures, which were scheduled to expire on June 20, 2007, through December 23, 2007.

NMFS is opening directed fishing for Pacific cod by 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). This action is necessary to fully use the 2007 total allowable catch (TAC) of Pacific cod specified for catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the BSAI.

Notice is hereby given of meetings of the Marine Fisheries Advisory Committee (MAFAC). This will be the first of two possible meetings to be held in fiscal year 2007 to review and advise NOAA on management policies for living marine resources. Agenda topics are provided under the SUPPLEMENTARY INFORMATION section of this notice. All full Committee sessions will be open to the public.

In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that a 1- year letter of authorization (LOA) has been issued to the Monterey Bay National Marine Sanctuary (MBNMS or the Sanctuary) to incidentally take, by Level B Harassment only, California sea lions (Zalophus californianus) and Pacific harbor seals (Phoca vitulina) incidental to authorizing professional fireworks displays within the Sanctuary in California waters.

Notice is hereby given that the U.S. Fish and Wildlife Service (Dr. Chester Figiel, Principal Investigator), 5308 Spring Street, Warm Springs, GA 31830, has been issued a permit to take captive shortnose sturgeon (Acipenser brevirostrum) for purposes of enhancement and scientific research.

The National Marine Fisheries Service (NMFS) announces the adoption of an Endangered Species Act (ESA) Recovery Plan (Recovery Plan) for the Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon (Oncorhynchus keta) Evolutionarily Significant Unit (ESU). The Recovery Plan consists of two documents: the Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan prepared by the Hood Canal Coordinating Council (HCCC Plan), and a NMFS Final Supplement to the HCCC Plan (Supplement). The Final Supplement contains revisions and additions in consideration of public comments on the proposed Recovery Plan for Hood Canal summer chum salmon.

This notice announces receipt of an application for an exempted fishing permit (EFP) from Alaska Groundfish Data Bank. If granted, the EFP would allow the applicants to explore electronic monitoring (EM) as a tool for monitoring halibut discards and estimating amounts of halibut discarded. This project is intended to promote the objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) and National Standard 9 of the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Comments will be accepted at the June 4-12 North Pacific Fishery Management Council (Council) meeting in Sitka, AK.

The Mid-Atlantic Fishery Management Council (Council), its Research Set Aside (RSA) Committee, its Ecosystems Committee, its Law Enforcement/Vessel Safety Committee, its Squid, Mackerel, and Butterfish Committee, its Executive Committee, and its Bycatch/Limited Access Privilege Program Committee will hold public meetings. Prior to the Council's meeting there will be a meeting of the Joint Council New England and Mid-Atlantic Councils Standardized Bycatch Reporting Methodology (SBRM) Committee.

The National Oceanic and Atmospheric Administration (NOAA), an agency of the U.S. Department of Commerce, has prepared a Record of Decision (ROD) regarding the January 5, 2007, final Programmatic Environmental Impact Statement (PEIS) for the Louisiana Regional Restoration Planning Program (RRP Program). The ROD has been written pursuant to Sec. 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), regulations promulgated by the Council on Environmental Quality (40 CFR part 1505.2), and the NOAA Administrative Order on implementing environmental review procedures (NAO 216-6). The ROD is a concise statement of the management planning and environmental impact analysis process completed, the alternatives considered, and the basis for the selection of preferred alternative. The notice of availability for the final PEIS was published in the Federal Register on January 5, 2007, with the close of the mandatory waiting period on February 20, 2007. No comments were received on the final PEIS. It is the decision of the NOAA, along with the Department of the Interior and the State of Louisiana, to implement the Louisiana RRP Program using the methods evaluated in the PEIS. Because the analysis is programmatic in nature, site and injury-specific features will dictate which restoration alternatives are most appropriate for individual injuries. All practicable means to avoid or minimize environmental harm from the RRP Program alternative selected have been adopted.

Trans-Boundary Resource Assessment Committee (TRAC) Industry/ Science Data Exchange Meeting.

The National Oceanic and Atmospheric Administration publishes this notice to announce the availability of the draft Report for one of the U.S. Climate Change Science Program (CCSP) Synthesis and Assessment Products for public comments. This draft Report addresses the following CCSP Topic: Product 3.1 Climate Models: An Assessment of Strengths and Limitations for User Applications After consideration of comments received on the draft Report, a revised Report along with the comments received will be published on the CCSP web site.

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.

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.

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 is prohibiting directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the second seasonal apportionment of the 2007 Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA has been reached.

This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has determined that winter skate is overfished. NMFS notified the New England Fishery Management Council (Council) of its determination by letter. The Council is required to take action within 1 year following NMFS notification that overfishing is occurring or a stock is approaching overfishing, a stock is overfished or approaching an overfished condition, or existing remedial action taken to end overfishing or rebuild an overfished stock has not resulted in adequate progress.

NMFS is prohibiting directed fishing for Pacific cod by 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). This action is necessary to prevent exceeding the 2007 Pacific cod total allowable catch (TAC) allocated to catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and- line gear in the BSAI.

The Gulf of the Farallones National Marine Sanctuary (Sanctuary) is seeking applicants for the following vacant seats on its Sanctuary Advisory Council (council): Research Alternate. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the sanctuary. Applicants who are chosen as members should expect to serve 2-3 year terms, pursuant to the council's Charter.

The 95th meeting of the Western Pacific Regional Fishery Management Council's (Council) Scientific and Statistical Committee (SSC) meeting will be held between 9 a.m. and 5 p.m. on Tuesday, June 12, 2007, and between 8:30 am and 5 p.m. on Wednesday and Thursday June 13-14, 2007.

This notice advises the public that an incidental take permit has been issued to the Grants Pass Irrigation District for the continued operation and maintenance of Savage Rapids Dam at Grants Pass, Oregon, and that the decision documents are available upon request.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit (EFP) application submitted by Dr. Pingguo He of the University of New Hampshire (UNH) contains all of the required information and warrants further consideration. The Assistant Regional Administrator has made a preliminary determination that the activities authorized under this EFP would be consistent with the goals and objectives of the Northeast (NE) Multispecies Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue an EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow one commercial fishing vessel to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP would enable researchers to test an experimental whiting net that uses wheeled ground gear by granting exemption from the requirement to use a raised footrope trawl. 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 New England Fishery Management Council's (Council) Vessel Monitoring Systems (VMS)/Enforcement Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).