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

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.

The Gulf of Mexico Fishery Management Council (Council) will convene its Law Enforcement Advisory Panel (LEAP).

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

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using pot 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 vessels using pot gear in the BSAI.

This proposed rule would establish the 2008 first trimester season quotas for large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks based on over- or underharvests from the 2007 first trimester season. This proposed action would provide advance notice of quotas and season dates for the Atlantic commercial shark fishery. It would also ensure the measures in this action are in place until they are replaced by those implemented under Amendment 2 to the Highly Migratory Species (HMS) Fisheries Management Plan (FMP) even if Amendment 2 is finalized after the start of the second trimester season (May 1, 2008). As such, this action constitutes the regulatory action to determine quotas and season lengths for LCS, SCS and pelagic sharks for the 2008 second trimester season.

NOAA Fisheries announces three inseason actions in the ocean salmon fisheries. Inseason action 5, in the commercial fishery in the area from the Humbug Mountain, Oregon, to the Oregon-California Border (Oregon KMZ subarea), closed the fishery effective Tuesday, August 14, 2007. Inseason action 6, in the recreational fishery in the area from the U.S.-Canada Border to Leadbetter Point, Washington, (Neah Bay, La Push and Westport subareas), expanded the fishing days from 2 to 7 days per week effective Friday, August 17, 2007. Inseason action 7, in the commercial fishery from Cape Falcon, Oregon, to Humbug Mountain, Oregon, closed the non-selective coho fishery effective 11:59 p.m. Monday, August 20, 2007. All other restrictions and regulations remained in effect as announced for the 2007 Ocean Salmon Fisheries and previous inseason actions.

NOAA Fisheries announces two inseason actions in the ocean salmon fisheries. Inseason action 8 modified the recreational fishery from Queets River, Washington, to Cape Falcon, Oregon (Westport and Columbia River subareas)and inseason action 9 modified the commercial fishery from Cape Falcon, Oregon, to Humbug Mountain, Oregon. Inseason action 8 transferred 5000 coho from the Westport subarea to the Columbia River subarea with a resulting increase in the Columbia river subarea quota of 4250 coho. Inseason action 9 reopened the non-selective coho fishery from August 25-28, 2007. All other restrictions and regulations remained in effect as announced for the 2007 ocean salmon fisheries and previous inseason actions.

NMFS issues this final rule to implement measures contained in Framework Adjustment 7 (Framework 7) to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). Framework 7 will broaden the FMP stock status determination criteria for summer flounder, scup, and black sea bass, while maintaining objective and measurable criteria for identifying when the FMP stocks are overfished or approaching an overfished condition. The framework action will also establish acceptable categories of peer review for providing new or revised stock status determination criteria for the Council to use in its annual management measures for each species. This action is necessary to ensure that changes or modification to the stock status determination criteria constituting the best available peer reviewed scientific information are accessible for the management of these three species in as timely a manner as is possible. The intended effect of this action is to improve the timeliness and efficiency of incorporating the best available scientific information, consistent with National Standards 1 and 2 of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), into the management processes for the three species covered by the FMP.

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

NMFS proposes coastwide summer flounder recreational management measures to administratively complete the rulemaking process initiated in March 2007. This action is necessary to propose appropriate coastwide management measures to be in place on January 1, 2008, following the expiration of the current state-by-state conservation equivalency management measures on December 31, 2007. The intent of these measures is to prevent overfishing of the summer flounder resource during the interim between the aforementioned expiration of the 2007 recreational measures and the implementation of measures for 2008.

NMFS closes the commercial fishery for golden tilefish in the exclusive economic zone (EEZ) in the South Atlantic. This closure is necessary to protect the golden tilefish resource.

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce is announcing the availability of the updated Elkhorn Slough National Estuarine Research Reserve Management Plan. The Elkhorn Slough National Estuarine Research Reserve was designated in 1979 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 1985. 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. This plan contains important revisions to the original management plan developed for the Reserve. For the revision, the Reserve used a collaborative approach, which focused on integrating the Reserve's programs in order to better achieve conservation success. The plan describes the Reserve's long-term conservation goals and details the process involved in identifying those goals. It also maps out the objectives and strategies that the Reserve will use over the next five years in order to move toward accomplishing its goals. The plan also provides an overview of the Reserve's research and monitoring, education, stewardship, coastal training, volunteer, and administration programs and describes the Reserve's plan for public access, acquisition, and facilities.

The Hydrographic Services Review Panel (HSRP) was established by the Secretary of Commerce to advise the Under Secretary of Commerce for Oceans and Atmosphere on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998, its amendments, and such other appropriate matters that the Under Secretary refers to the Panel for review and advice. The purpose of the conference call is to allow Panel members to deliberate and vote on recommendations conceptualized during a meeting in Seattle, Washington, on September 14, 2007. Written public comments should be submitted to Captain Steven Barnum, Designated Federal Officer (DFO), by October 11, 2007. Date and Time: The conference call will covene at 2 p.m. Eastern Time, October 15, 2007, and end at or about 3:30 p.m.

This announcement provides notice that Mill River Pipeline, LLC (Mill River) has filed an administrative appeal with the Department of Commerce asking that the Secretary override the Commonwealth of Massachusetts' objection to Mill River's proposed natural gas pipeline, which is part of a proposed liquefied natural gas terminal to be constructed in Fall River, Massachusetts.

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

NMFS is opening directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA) for 48 hours, effective 1200 hrs, Alaska local time, September 21, 2007.

The Western Pacific Fishery Management Council (Council) will hold its 139th meeting to consider and take actions on fishery management issues in the Western Pacific Region.

The National Oceanic and Atmospheric Administration publishes this notice to announce a 45-day public comment period for the draft report titled, U.S. Climate Change Science Program Synthesis and Assessment Product 5.1: ``Uses and limitations of observations, data, forecasts, and other projections in decision support for selected sectors and regions.'' This draft document is being released solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by NOAA. It does not represent and should not be construed to represent any Agency policy or determination. After consideration of comments received on the draft report, a revised version along with the comments received will be published on the CCSP Web site.

NMFS issues this temporary rule to amend, and extend the effective date of, interim measures to reduce overfishing of red snapper in Federal waters of the Gulf of Mexico implemented by a temporary rule published by NMFS on April 2, 2007. This temporary rule amends the regulations to provide an option for a special procedure for the initial calculation of Gulf of Mexico red snapper 2008 individual fishing quota allocations. The intended effect is to reduce overfishing of red snapper in the Gulf of Mexico.