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

NMFS proposes to amend the regulations governing minimum performance standards of fishing gear proposed for use in both the NE multispecies Regular B DAS Program and the Eastern U.S./Canada Haddock SAP. Under the current regulations, the only fishing gear allowed for use in the Eastern U.S./Canada Haddock SAP and the only trawl gear allowed for use in the Regular B DAS Program is a properly configured haddock separator trawl. The purpose of this rule is to ultimately provide greater flexibility to fishermen participating in these programs.

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Eglin Air Force Base (EAFB) for the take of marine mammals, by Level B harassment only, incidental to Naval Explosive Ordnance Disposal School (NEODS) training operations at EAFB, Florida.

Black coral resources in the Au'au Channel, Hawaii, have declined, possibly due to fishing pressure and an alien invasive soft coral. Current fishing regulations require minimum sizes for the harvest of living black coral colonies of 48 inches (122 cm) in height or one inch (2.54 cm) in stem diameter. Current regulations also exempt certain fishermen from the minimum stem diameter requirement, allowing the harvest of black coral with a smaller \3/4\ inch (1.91 cm) stem diameter by anyone who had reported black coral harvests to the State of Hawaii within the five years prior to April 17, 2002. This final rule removes that exemption to reduce the impacts of fishing on Au'Au Channel black coral resources.

NMFS issues a final rule to implement daily bag limits for sport-caught albacore tuna (Thunnus alalunga) and bluefin tuna (Thunnus orientalis) in the Exclusive Economic Zone (EEZ) off California under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). This final rule is implemented as a conservation measure as part of the 2007-2009 biennial management cycle as established in the HMS FMP Framework provisions for changes to routine management measures.

The Pacific Fishery Management Council's (Council) Salmon Advisory Subpanel (SAS) will hold a work session by telephone conference, which is open to the public, to develop recommendations for the November 2007 Council meeting.

The South Atlantic Fishery Management Council will hold a joint meeting of its Habitat and Environmental Protection Advisory Panel and Coral Advisory Panel in Charleston, SC. See SUPPLEMENTARY INFORMATION.

The Caribbean Fishery Management Council (Council) in conjunction with NMFS intends to prepare a DEIS to describe and analyze management alternatives to be included in an amendment to the Fishery Management Plan (FMP) for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands (USVI). These alternatives will consider measures to reduce harvest of queen conch. The purpose of this notice of intent is to solicit public comments on the scope of issues to be addressed in the DEIS.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Grand Bay (Mississippi) National Estuarine Research Reserve, the Alabama Coastal Management Program, and the Virgin Islands 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 evaluation 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 Grand Bay (Mississippi) National Estuarine Research Reserve evaluation site visit will be held November 27-30, 2007. One public meeting will be held during the week. The public meeting will be held on Tuesday, November 27, 2007, at 6:30 p.m. at the East Jackson County/Orange Grove Community Center, 9313 Old Stage Road, Moss Point, Mississippi. The Alabama Coastal Management Program evaluation site visit will be held December 3-7, 2007. One public meeting will be held during the week. The public meeting will be held on Monday, December 3, 2007, at 5:30 p.m. at 5 RiversAlabama's Delta Resource Center, Tensaw Theater, 309455 Rivers Boulevard, Spanish Fort, Alabama. The Virgin Islands Coastal Management Program evaluation site visit will be held December 3-7, 2007. Three public meetings will be held during the week. The first public meeting will be held on Tuesday, December 4, 2007, at 6 p.m. at the Cyril E. King Airport Terminal Building, Second Floor, Department of Planning and Natural Resources Conference Room, 8100 Lindberg Bay, St. Thomas. The second public meeting will be held on Wednesday, December 5, 2007, at 6 p.m. at the Henry Rohlsen Airport, Second Floor, Port Authority Conference Room, St. Croix. The third public meeting will be held on Thursday, December 6, 2007, at 6 p.m. at the St. John Legislature Conference Room, 109 Enigned Contant, St. John.

The Olympic Coast National Marine Sanctuary (OCNMS or sanctuary) is seeking applicants for the following vacant seats on its Sanctuary Advisory Council (council): Citizen-at-large member and alternate, Tourism/Chamber of Commerce/Recreation member and alternate, and Conservation/Environmental member and 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. The terms of the seats are for three years with the exception of the Conservation/Environmental seat which has one year remaining on an unexpired term.

Notice is hereby given that NMFS Southwest Fisheries Science Center, Antarctic Marine Living Resources Program (Rennie Holt, Ph.D., Principal Investigator), 8604 La Jolla Shores Drive, La Jolla, CA 92037 has been issued an amendment to scientific research Permit No. 774- 1847-01.

Notice is hereby given that NMFS National Marine Mammal Laboratory, 7600 Sand Point Way, NE, Seattle, WA 98115-0070, has requested an amendment to Scientific Research Permit No. 782-1702.

Notice is hereby given that NMFS National Marine Mammal Laboratory, 7600 Sand Point Way NE, Bldg. 4, Seattle, WA 98115-0070 [Principal Investigator: Dr. Thomas Gelatt] has been issued an amendment to scientific research Permit No. 782-1708.

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 New England Fishery Management Council (Council) will hold a one-day Council meeting on October 25, 2007, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

NMFS is prohibiting directed fishing for Atka mackerel in the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2007 Atka mackerel total allowable catch (TAC) in the Western Aleutian District of the BSAI.

The Caribbean Fishery Management Council (Council)in conjunction with NMFS intends to prepare a DEIS to describe and analyze management alternatives to be included in a joint amendment to the Fishery Management Plan (FMP) for the Spiny Lobster Fishery of Puerto Rico and the U.S. Virgin Islands (USVI) and the FMP for the Reef Fish Fishery of Puerto Rico and the USVI. These alternatives will consider measures to implement escape vents in the trap fishery sector of both fisheries. The purpose of this notice of intent is to solicit public comments on the scope of issues to be addressed in the DEIS.

The New England Fishery Management Council (Council) is scheduling public meetings of its Monkfish Advisory Panel and its Oversight Committee, in October, 2007, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from these groups will be brought to the full Council for formal consideration and action, if appropriate.

The Climate Change Science Program (CCSP) Product Development Committee for Synthesis and Assessment Product 3.3 (CPDC-S&A 3.3) was established by a Decision Memorandum dated October 17, 2006. CPDC-S&A 3.3 is the Federal Advisory Committee charged with responsibility to develop a draft Synthesis and Assessment Product that addresses CCSP Topic 3.3: ``Weather and Climate Extremes in a Changing Climate''. Place: The meeting will be held at the National Climatic Data Center, 151 Patton Ave., Asheville, North Carolina, 28801. Time and Date: The meeting will convene at 8:30 a.m. on Monday, October 22, 2007 and adjourn early afternoon on October 24, 2007. Meeting information will be available online on the CPDC-S&A 3.3 Web site (https://www.climate.noaa.gov/index.jsp?pg=./ccsp/33.jsp). Please note that meeting location, times, and agenda topics described below are subject to change. Status: The meeting will be open to public participation and will include a 30-minute public comment period on October 22 from 8:30 a.m. to 9 a.m. (check Web site to confirm this time and the room in which the meeting will be held). The CPDCS&A 3.3 expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. 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 CPDCS&A 3.3 Designated Federal Official (DFO) by October 15, 2007 to provide sufficient time for review. Written comments received after October 15 will be distributed to the CPDCS&A 3.3, but may not be reviewed prior to the meeting date. Seats will be available to the public on a first-come, first-served basis. Matters To Be Considered: The meeting will (1) formulate responses to the comments received during the official Public Comment Period on the Second Draft of Synthesis and Assessment Product 3.3 and revise the Second Draft accordingly; (2) finalize plans for completion and submission of the Third Draft of Synthesis and Assessment Product 3.3 to the Climate Change Science Program Office.

We, NMFS, have received a petition to list bocaccio (Sebastes paucispinis), canary rockfish (S. pinniger), yelloweye rockfish (S. ruberrimus), greenstripe rockfish (S. elongatus) and redstripe rockfish (S. proriger) as endangered or threatened species under the Endangered Species Act (ESA). We find that the petition does not present substantial scientific or commercial information indicating that the petitioned actions may be warranted.

This final rule amends the regulations governing the North and South Atlantic swordfish fisheries to implement two recommendations by the International Commission for the Conservation of Atlantic Tuna (ICCAT)(Recommendations 06-02 and 06-03). These recommendations establish baseline quotas for North and South Atlantic swordfish, respectively, and set caps on underharvest carryover. Additionally, recommendation 06-02 allows a contracting party (CPC) with a total allowable catch (TAC) allocation to make a transfer within a fishing year of up to 15 percent of its baseline allocation to other CPCs with TAC allocations, as long as the transfer is conducted in a manner that is consistent with domestic obligations and conservation considerations. This final rule will transfer 15 percent of the North Atlantic swordfish baseline quota into the reserve category which would allow it to be transferred to other CPCs with TAC allocations. In addition, this final rule modifies the North and South Atlantic swordfish quotas for the 2006 fishing year to account for updated landings information from the 2004 and 2005 fishing years. Finally, this final rule includes the option of an internet website as an additional method for complying with the Atlantic Highly Migratory Species (HMS) Angling or Atlantic HMS Charter/Headboat category(s 24 hour reporting requirement. Currently, reporting is by telephone only. This rule will remain in effect until ICCAT provides new recommendations for the U.S. swordfish fisheries.

NMFS is prohibiting directed fishing for Pacific cod by catcher processor vessels using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2007 directed fishing allowance (DFA) of Pacific cod specified for catcher processor vessels using hook-and-line gear in the BSAI.

NMFS issues this final rule to amend the regulations implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP). This final rule revises the management measures for reducing the incidental mortality and serious injury to the Northern right whale (Eubalaena glacialis), humpback whale (Megaptera novaeangliae), and fin whale (Balaenoptera physalus) in commercial fisheries to meet the goals of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). The measures identified in the ALWTRP are also intended to benefit minke whales (Balaenoptera acutorostrata), which are not strategic, but are known to be taken incidentally in commercial fisheries. This final rule implements additional regulations for the fisheries currently covered by the ALWTRP (the Northeast sink gillnet, Northeast/Mid-Atlantic American lobster trap/pot, Mid-Atlantic gillnet, Southeast Atlantic gillnet, and Southeastern U.S. Atlantic shark gillnet fisheries) and regulates several fisheries from the MMPA List of Fisheries for the first time under the ALWTRP, including the following: Northeast anchored float gillnet, Northeast drift gillnet, Atlantic blue crab, and Atlantic mixed species trap/pot fisheries targeting crab (red, Jonah, and rock), hagfish, finfish (black sea bass, scup, tautog, cod, haddock, pollock, redfish (ocean perch), and white hake), conch/whelk, and shrimp.

Due to public, Regional Fishery Management Council, and Atlantic States Marine Fisheries Commission requests, NMFS is extending the comment period to provide additional opportunity for public comment on the draft Amendment 2 to the Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) and its proposed rule. NMFS is extending the comment period until November 2, 2007. The original comment period was scheduled to conclude on October 10, 2007. The draft Amendment 2 to the Consolidated HMS FMP and its proposed rule describe a range of management measures that could impact fishermen and dealers for HMS fisheries.

NMFS is prohibiting directed fishing for pollock in Statistical Area 620 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2007 total allowable catch (TAC) of pollock for Statistical Area 620 of the GOA.

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 Union Oil Company of California (UOCC) and Marathon Oil Company (MOC) for a period between September and November, 2007.