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

NMFS issues this correcting amendment to the Code of Federal Regulations (CFR) to correct typographical errors and update cross references in three sections of the Pacific halibut fishery regulations; definitions, catch sharing plan and domestic management measures in waters in and off Alaska, and prohibitions. This correcting amendment improves the accuracy of Pacific halibut fisheries regulations, makes minor, non-substantive changes, and does not change operating practices in halibut fisheries or the rights and obligations of fishermen managed under the halibut regulations.

We, NMFS, announce the initiation of a status review for shortnose sturgeon (Acipenser brevirostrum), and we solicit information on the status of, and factors and threats affecting, the species. The status review is intended to compile and analyze the best available information on the status of and threats to the species and also consider if shortnose sturgeon should be identified and assessed as Distinct Population Segments.

NMFS has received applications from CGGVeritas (Veritas) and Shell Offshore, Inc. (SOI) for Incidental Harassment Authorizations (IHAs) to take marine mammals, by harassment, incidental to conducting an on-ice marine geophysical and seismic programs in the U.S. Beaufort Sea from February to May, 2008. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue two authorizations to Veritas and one authorization to SOI to incidentally take, by harassment, small numbers of three species of pinnipeds.

NMFS announces that the Administrator, Northeast (NE) Region, NMFS (Regional Administrator), is increasing the Georges Bank (GB) yellowtail flounder trip limit to 7,500 lb (3,402 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 2007 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).

NMFS will present a public workshop on the implementation of new Alaska groundfish observer sampling protocols for fishery participants and other interested parties. At the workshop, NMFS will provide an overview of the changes to observer sampling protocols, discuss alterations made in the observer electronic data submission and communications system, and answer questions. NMFS is conducting this public workshop to provide assistance to fishery participants in understanding the sampling protocols which will be used by groundfish observers in 2008 and beyond.

The National Marine Fisheries Service (NMFS) is publishing its final List of Fisheries (LOF) for 2008, as required by the Marine Mammal Protection Act (MMPA). The final LOF for 2008 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must categorize each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of serious injury and mortality of marine mammals that occurs incidental to each fishery. The categorization of a fishery in the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements.

NMFS announces that the 2007 summer flounder commercial quota allocated to the State of 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 2007, 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.

This temporary rule republishes interim measures to reduce overfishing of Gulf red snapper that were previously implemented via a temporary rule published by NMFS on April 2, 2007, and extended through March 28, 2008, by a temporary rule published by NMFS on September 24, 2007. The interim measures reduce the commercial and recreational quotas for red snapper, reduce the commercial minimum size limit for red snapper, reduce the recreational bag limit for Gulf red snapper, prohibit the retention of red snapper under the bag limit for captain and crew of a vessel operating as a charter vessel or headboat, and establish a target level of reduction of shrimp trawl bycatch mortality of red snapper. The intended effect of this temporary rule is to reinstate the text of the interim measures in the Code of Federal Regulations that was inadvertently removed.

The Mid-Atlantic Fishery Management Council (Council), its Mid-Atlantic section of the Monkfish Committee, its Squid, Mackerel, and Butterfish Committee, its Bycatch/Limited Access Committee, and its Executive Committee will hold public meetings.

NMFS announces that the State of Delaware is transferring commercial bluefish quota to the State of Rhode Island from its 2007 quota. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

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

The Caribbean Fishery Management Council (Council) and its Administrative Committee will hold meetings.

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 National Oceanic and Atmospheric Administration (NOAA) and the U.S. Department of the Interior (U.S. DOI), collectively acting as Federal natural resource trustees (Federal Trustees), have concluded their preliminary investigation of potential injuries to natural resources under their trusteeship that may have occurred due to releases of hazardous substances at the Diamond Alkali Superfund Site (Site). Following 43 CFR part 11, the Federal Trustees have prepared a Draft NRDA Plan outlining possible activities at this Site.

NMFS issues a proposed rule that would implement Amendment 88 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. This amendment, if approved, would revise the Aleutian Islands Habitat Conservation Area (AIHCA) boundary to allow nonpelagic trawling in an area historically fished and to prohibit nonpelagic trawling in an area of known coral and sponge occurrence. This action is necessary to ensure the AIHCA protects areas of coral and sponge habitat from the potential effects of nonpelagic trawling and allow nonpelagic trawling in areas historically fished and without evidence of coral and sponge occurrence.

The Gulf of Mexico Fishery Management Council (Council) will convene Public Hearings on an Aquaculture Amendment.

The South Atlantic Fishery Management Council (Council) will hold a meeting of its, Scientific and Statistical Committee (SSC), Spiny Lobster Committee, Joint Executive and Finance Committees, Southeast Data, Assessment, and Review (SEDAR) Committee, Snapper Grouper Committee, Ecosystem-based Management Committee, SSC Selection Committee (Closed Session), Standard Operations, Policy, and Procedures (SOPPs) Committee, and a meeting of the full Council. The Council will also hold a meeting of the Limited Access Privilege (LAP) Program Exploratory Workgroup and public hearings regarding Amendment 15A to the Snapper Grouper Fishery Management Plan (FMP) to address rebuilding plans for snowy grouper, black sea bass, and red porgy, and Amendment 15B to the Snapper Grouper FMP addressing the sale of recreationally- caught snapper grouper species, methods to reduce the effects of incidental hooking on sea turtles and smalltooth sawfish, commercial permit renewal periods and transferability requirements, implementation of a plan to monitor and access bycatch, establishment of reference points, such as Maximum Sustainable Yield (MSY) and Optimum Yield (OY) for golden tilefish, and establishment of allocations for snowy grouper and red porgy. In addition, the Council will hold a public scoping meeting for: 1) Amendment 7 to the Shrimp FMP addressing current qualifying criteria for a limited access program for the South Atlantic rock shrimp fishery and 2) allocation of the South Atlantic commercial king mackerel quota. See SUPPLEMENTARY INFORMATION for additional details.

NMFS announces that the spiny dogfish commercial quota available to the coastal states from Maine through Florida for the semi-annual quota period, November 1, 2007 - April 30, 2008, has been harvested. Therefore, effective 0001 hours, November 16, 2007, federally permitted commercial vessels may not fish for, possess, transfer, or land spiny dogfish until May 1, 2008, when the 2008 Period 1 quota becomes available. Federally permitted dealers are also advised that they may not purchase spiny dogfish from federally permitted spiny dogfish vessels through April 30, 2007. Regulations governing the spiny dogfish fishery require publication of this notification to advise the coastal states from Maine through Florida that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing spiny dogfish in these states. This action is necessary to prevent the fishery from exceeding its Period 2 quota and to allow for effective management of this stock.

The start time for the public hearing scheduled for Atlantic Beach, NC on December 3, 2007 regarding Amendment 15A and Amendment 15B to the Snapper Grouper Fishery Management Plan has been changed from 6:00 p.m. to 7:00 p.m.

NMFS proposes quotas for the Atlantic surfclam and ocean quahog fisheries for 2008, 2009, and 2010. Regulations governing these fisheries require NMFS to publish the proposed quota specifications for the 2008-2010 fishing years and seek public comment on such proposed measures. The intent of this action is to propose allowable harvest levels of Atlantic surfclams and ocean quahogs from the Exclusive Economic Zone.

The National Marine Fisheries Service is soliciting public comment for ideas and recommendations on alternative dietary ingredients (feedstuffs) for aquaculture. This information is being gathered as part of the NOAA-U.S. Department of Agriculture alternative feeds initiative to help guide future research and development. Public comment is being collected in advance of a 2008 workshop on alternative feeds. Information submitted in response to this notice will be shared with workshop attendees.

The Pacific Fishery Management Council's (Council) Salmon Technical Team Klamath Subcommittee (STTKS) will hold a meeting with members of the Yurok and Hoopa Tribes and additional agency personnel from the National Marine Fisheries Service, United States Fish and Wildlife Service, and the California Department of Fish and Game to continue planning and assignments for developing an overfishing assessment for Klamath River fall Chinook (KRFC). This meeting of the STTKS is open to the public.

NMFS continues the haddock minimum size implemented by an August 10, 2007, emergency final rule that is set to expire on February 6, 2008. Specifically, this temporary rule continues the commercial minimum haddock size of 18 inches (45.7 cm) that was reduced from the previous minimum size of 19 inches (48.3 cm). This action is taken pursuant to NOAA's authority to issue emergency measures under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). The intent of this extension is to continue measures intended to reduce regulatory discards of Georges Bank (GB) and Gulf of Maine (GOM) haddock to prevent excessive waste and comply with the goals of reducing discards and maintaining the rebuilding programs of the Northeast (NE) Multispecies Fishery Management Plan (FMP), while helping to achieve optimum yield at the same time. This action is intended to reduce discarding and maintain consistency with the FMP and the Magnuson-Stevens Act.

NMFS proposes regulations to modify the Individual Fishing Quota (IFQ) Program for the fixed-gear commercial Pacific halibut fishery and sablefish fishery by revising regulations governing use of commercial halibut quota share (QS) and processing of non-IFQ species when processed halibut is onboard a vessel. This action would amend current regulations to allow persons holding category A halibut QS to process IFQ regardless of whether a QS holder with unused category B, C, or D halibut QS is onboard the vessel. This action also would allow catcher/processor vessels to process non-IFQ species regardless of whether any processed IFQ species is onboard the vessel. This action is necessary to improve the efficiency of fishermen fishing on catcher/ processor vessels. The intended effect of this action is to allow halibut QS holders greater flexibility in using their QS, allow use of crew who hold unused category B, C, or D halibut QS while onboard a category A halibut QS vessel, and increase the product quality of non- IFQ species harvested incidentally to IFQ halibut.

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.