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

Caribbean Fishery Management Council; Public Meeting
Document Number: E7-22198
Type: Notice
Date: 2007-11-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Caribbean Fishery Management Council's Scientific and Statistical Committee (SSC) will hold a two-day meeting.
New England Fishery Management Council; Public Meeting
Document Number: E7-22197
Type: Notice
Date: 2007-11-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) is scheduling a public meeting of its Scientific and Statistical Committee in November, 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.
Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish for Vessels Participating in the Rockfish Entry Level Fishery in the Central Regulatory Area of the Gulf of Alaska
Document Number: 07-5648
Type: Rule
Date: 2007-11-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for northern rockfish for vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of northern rockfish allocated to vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA.
Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2008 Summer Flounder, Scup, and Black Sea Bass Specifications; 2008 Research Set-Aside Projects
Document Number: 07-5647
Type: Proposed Rule
Date: 2007-11-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes specifications for the 2008 summer flounder, scup, and black sea bass fisheries and provides notice of three conditionally approved projects that will be requesting Exempted Fishing Permits (EFPs) as part of the Mid-Atlantic Fishery Management Council's (Council) Research Set-Aside (RSA) program. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) require NMFS to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. Furthermore, regulations under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) require a notice to be published to provide interested parties the opportunity to comment on applications for EFPs. The intent of this action is to establish harvest levels that assure that the target fishing mortality rates (F) or exploitation rates specified for these species in the FMP are not exceeded and to allow for rebuilding of the stocks as well as to provide notice of EFP requests, all in accordance with the Magnuson-Stevens Act.
Nominations for the 2008 Annual Sustainable Fisheries Leadership Awards
Document Number: E7-22145
Type: Notice
Date: 2007-11-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In 2006, NOAA established the Sustainable Fisheries Leadership Awards Program to annually recognize outstanding performances, achievements and leadership by industries, organizations and individuals who promote best stewardship practices for the sustainable use of living marine resources and ecosystems, and who have fostered change and inspired a stewardship ethic within their community. This notice solicits nominations of qualified individuals for the third annual Sustainable Fisheries Leadership Awards in six award categories listed in this Notice. NMFS has partnered with the Fish for the Future Foundation for this awards program.
Stock Assessment of Small Coastal Sharks in the U.S. Atlantic and Gulf of Mexico
Document Number: E7-22115
Type: Notice
Date: 2007-11-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the availability of a final stock assessment report on small coastal sharks (SCS) in the Atlantic and Gulf of Mexico. The report summarizes the consensus of review panel assessments, describes methodologies used to determine SCS complex stock status, and details relevant working documents, including copies of Data and Assessment workshop reports.
Endangered and Threatened Species; Take of Anadromous Fish
Document Number: E7-22108
Type: Notice
Date: 2007-11-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS has received six scientific research permit application requests relating to Pacific salmon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts.
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish, Crab, Salmon, and Scallop Fisheries of the Bering Sea and Aleutian Islands Management Area
Document Number: E7-22107
Type: Proposed Rule
Date: 2007-11-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council (Council) has submitted Amendment 88 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area, Amendment 23 to the FMP for Bering Sea/Aleutian Islands King and Tanner Crabs, Amendment 12 to the FMP for the Scallop Fishery Off Alaska, and Amendment 9 to the FMP for Salmon Fisheries in the Exclusive Economic Zone Off the Coast of Alaska. These amendments, if approved, would revise the boundaries of the Aleutian Islands Habitat Conservation Area (AIHCA) described in each FMP. This action is necessary to ensure the boundaries of the AIHCA accurately reflect the Council's intent to prohibit nonpelagic trawling in those areas with minimal or no fishing and sensitive habitat, and to allow nonpelagic trawling in areas historically fished by this gear type. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMPs, and other applicable laws. Comments from the public are welcome.
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan
Document Number: 07-5623
Type: Rule
Date: 2007-11-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Assistant Administrator for Fisheries (AA), NOAA, announces the extension of temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These restrictions will continue to apply to lobster trap and anchored gillnet fishermen in an area totaling approximately 2,305 nm\2\ (7,905 km\2\), south of Portland, Maine, for an additional 15 days. The purpose of this action is to provide immediate protection to an aggregation of Northern right whales (right whales).
Endangered and Threatened Wildlife; Sea Turtle Conservation
Document Number: E7-22073
Type: Proposed Rule
Date: 2007-11-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In 2006, the National Marine Fisheries Service (NMFS) issued regulations requiring the use of chain mat modified dredges in the Atlantic sea scallop fishery south of 41[deg] 9.0' North latitude from May 1 through November 30 each year. The existing requirements resulted from two final rules: one issued in August 2006 after prior public notice and opportunity for comment (August 25, 2006); and an emergency rule issued in November 2006 for which prior notice and opportunity for comment was waived for good cause (November 15, 2006). These actions were necessary to help reduce mortality and injury to endangered and threatened sea turtles captured in scallop dredge gear and to conserve sea turtles listed under the Endangered Species Act (ESA). This action re-proposes the chain mat requirements, with some modifications. This proposed action would clarify the regulatory text regarding the chain-mat modified gear, add a transiting provision, and address a procedural error regarding the timing of the signing of the National Environmental Policy Act (NEPA) document during the issuance of the August 2006 final rule. Any incidental take of threatened sea turtles in sea scallop dredge gear in compliance with the gear modification requirements and all other applicable requirements will be exempted from the ESA prohibition against takes.
Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Chartering Permits; Letters of Acknowledgment
Document Number: E7-22071
Type: Notice
Date: 2007-11-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces its intent to issue Exempted Fishing Permits (EFPs), Scientific Research Permits (SRPs), Display Permits, Letters of Acknowledgment (LOAs), and Chartering Permits for the collection of Atlantic Highly Migratory Species (HMS) in 2008. In general, EFPs and related permits would authorize collections of a limited number of tunas, swordfish, billfishes, and sharks from Federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific data collection, public display, and chartering. Generally, these permits will be valid from the date of issuance through December 31, 2008, unless otherwise specified, subject to the terms and conditions of individual permits.
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish, Crab, Salmon, and Scallop Fisheries of the Bering Sea and Aleutian Islands Management Area and Gulf of Alaska, Essential Fish Habitat Rule Correction
Document Number: E7-22050
Type: Rule
Date: 2007-11-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule to correct regulations implementing essential fish habitat (EFH) provisions for Alaska fisheries. This final rule clarifies that portions of EFH management areas in the vicinity of the Aleutian Islands are located in State of Alaska (State) waters. This rule also applies EFH vessel monitoring system (VMS) and closure requirements to federally permitted vessels operating in State waters adjacent to the Gulf of Alaska (GOA) and Aleutian Islands subarea. This action is necessary to ensure that federally permitted vessels operating in State waters comply with EFH protection measures.
Proposed Information Collection; Comment Request; Individual Fishing Quotas for Pacific Halibut and Sablefish in the Alaska Fisheries
Document Number: E7-21949
Type: Notice
Date: 2007-11-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Proposed Information Collection; Comment Request; Billfish Tagging Report
Document Number: E7-21946
Type: Notice
Date: 2007-11-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Proposed Information Collection; Comment Request; Southwest Region Gear Identification Requirements
Document Number: E7-21945
Type: Notice
Date: 2007-11-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch for Vessels Participating in the Rockfish Entry Level Fishery in the Central Regulatory Area of the Gulf of Alaska
Document Number: 07-5525
Type: Rule
Date: 2007-11-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific ocean perch for vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of Pacific ocean perch allocated to vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA.
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan
Document Number: 07-5524
Type: Rule
Date: 2007-11-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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 2,031 nm\2\ (6,966 km\2\), southeast of Portland, Maine, for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales).
Notice; Preparation of a Papahanaumokuakea Marine National Monument Natural Resources Science Plan
Document Number: 07-5502
Type: Notice
Date: 2007-11-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This notice advises the public that the Co-Trustees of the Papahanaumokuakea Marine National Monument (Monument) in the Northwestern Hawaiian Islands (NWHI) and surrounding marine areas intend to prepare a Natural Resources Science Plan (Science Plan) and associated environmental assessment (EA) for the Monument. The Science Plan is being developed concurrently with the comprehensive Monument Management Plan (MMP) [Notice of Intent to Prepare Monument Management Plan and EA, Federal Register April 4, 2007 (Volume 72, Number 64)]. The Science Plan will identify management needs, highlight priority thematic areas designed to meet these needs, and describe the current and proposed research projects housed under these themes. The Co- Trustees are seeking public input on the development of the plan. There will be a public scoping meeting to solicit comments on November 15, 2007.
Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer
Document Number: E7-21717
Type: Rule
Date: 2007-11-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the Commonwealth of Virginia is transferring commercial bluefish quota to the State of New York from its 2007 quota. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.
Atlantic Highly Migratory Species (HMS); Pelagic Longline Research
Document Number: 07-5474
Type: Notice
Date: 2007-11-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the availability of an Environmental Assessment (EA) analyzing the impacts of conducting research with pelagic longline (PLL) vessels in portions of the East Florida Coast (EFC) and Charleston Bump closed areas. Given the nearly rebuilt status of north Atlantic swordfish and recent bycatch reduction measures implemented throughout the U.S. PLL fishery, NMFS is proposing to collect baseline PLL fishery data in the closed areas to evaluate the effectiveness of existing bycatch reduction measures. The EA analyzes monthly and annual PLL logbook and pelagic observer program (POP) data on catch and bycatch rates of all species in the proposed research area from 1995- 2000 to determine potential impacts of the research fishery on target and non-target species. NMFS invites comments from interested parties on the EA.
Coastal Nonpoint Pollution Control Program: Proposed Findings Document, Environmental Assessment, and Finding of No Significant Impact
Document Number: 07-5473
Type: Notice
Date: 2007-11-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Environmental Protection Agency
Notice is hereby given of the availability of the Proposed Findings Document, Environmental Assessment, and Finding of No Significant Impact for Indiana's Coastal Nonpoint Pollution Control Program. Coastal states and territories are required to submit their coastal nonpoint programs to the National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) for approval. The Findings Document was prepared by NOAA and EPA to provide the rationale for the agencies' decision to approve the state coastal nonpoint pollution control program. Section 6217 of the Coastal Zone Act Reauthorization Amendments (CZARA), 16 U.S.C. 1455b, requires states and territories with coastal zone management programs that have received approval under section 306 of the Coastal Zone Management Act to develop and implement coastal nonpoint programs. The Environmental Assessment was prepared by NOAA, pursuant to the National Environmental Policy Act (NEPA), 42 U.S.C. sections 4321 et seq., to assess the environmental impacts associated with the approval of the coastal nonpoint pollution control program submitted to NOAA and EPA by Indiana. NOAA and EPA have proposed to approve, with conditions, the coastal nonpoint program submitted by Indiana. The requirements of 40 CFR Parts 1500-1508 (Council on Environmental Quality (CEQ) regulations to implement the National Environmental Policy Act) apply to the preparation of these Environmental Assessments. Specifically, 40 CFR section 1506.6 requires agencies to provide public notice of the availability of environmental documents. This notice is part of NOAA's action to comply with this requirement. Copies of the proposed Findings Document, Environmental Assessment, and Finding of No Significant Impact may be found on the NOAA Web site at https://coastalmanagement.noaa.gov/assessments/welcome.html or may be obtained upon request from: Allison Castellan, Coastal Programs Division (N/ORM3), Office of Ocean and Coastal Resource Management, NOS, NOAA, 1305 East-West Highway, Silver Spring, Maryland 20910, phone (301) 713-3155, extension 125, e-mail allison.castellan@noaa.gov.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure
Document Number: 07-5461
Type: Rule
Date: 2007-11-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS closes the commercial fishery for king mackerel in the exclusive economic zone (EEZ) in the western zone of the Gulf of Mexico. This closure is necessary to protect the Gulf king mackerel resource.
North Pacific Fishery Management Council; Notice of Plan Team Meetings
Document Number: E7-21543
Type: Notice
Date: 2007-11-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council's Gulf of Alaska (GOA) and Bering Sea/Aleutian Islands (BS/AI) groundfish plan teams will meet in Seattle.
Marine Mammals; File No. 1079-1828
Document Number: E7-21553
Type: Notice
Date: 2007-11-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that an application, submitted by Peter Scheifele, University of Connecticut, 3636 Horsebarn Hill Road, Unit 4040, Storrs, Connecticut 06269, to conduct research on cetaceans and pinnipeds has been withdrawn.
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Observer Health and Safety
Document Number: E7-21550
Type: Rule
Date: 2007-11-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS publishes this final rule to enhance the safety of observers and the efficiency of their deployment. The purpose of the final rule is to clarify prohibited actions regarding observers, reinforce that an observer may not be deployed nor stay aboard an unsafe vessel, clarify when a fishing vessel is inadequate for observer deployment and how an owner or operator can resolve discrepancies, clarify when the safety decal requirement applies, and provide for an alternate NMFS safety equipment examination of certain small fishing vessels. This final rule is necessary to maintain and enhance the safety and effectiveness of fisheries observers in carrying out their duties as authorized by the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the fishery management plans and regulations adopted under the Magnuson-Stevens Act.
Atlantic Highly Migratory Species; Advisory Panel
Document Number: E7-21534
Type: Notice
Date: 2007-11-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS solicits nominations for the Highly Migratory Species (HMS) Advisory Panel (AP). NMFS consults with and considers the comments and views of the AP when preparing and implementing FMPs or FMP amendments for Atlantic tunas, swordfish, sharks, and billfish. Nominations are being sought to fill one-third of the posts on the HMS AP for a 3-year appointment. Individuals with definable interests in the recreational and commercial fishing and related industries, environmental community, academia, and non-governmental organizations will be considered for membership in the AP.
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