National Oceanic and Atmospheric Administration March 2008 – Federal Register Recent Federal Regulation Documents

NMFS proposes Amendment 24 the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP) to: specify a five-tier system for determining the status of the crab stocks managed under the FMP, establish a process for annually assigning each crab stock to a tier and for setting the overfishing and overfished levels, and reduce the number of crab stocks managed under the FMP. Amendment 24 is necessary to establish new overfishing definitions that contain objective and measurable criteria for determining whether each managed stock is overfished or whether overfishing is occurring and to remove several crab stocks managed by the State of Alaska from FMP management. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

Notice is hereby given that the University of Wisconsin Extension, the WI Department of Administration's Coastal Management Program and the WI Department of Natural Resources with the support of the Estuarine Reserves Division of the Office of Ocean and Coastal Resource Management (OCRM), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce, will hold a public hearing for the purpose of receiving comments on the preliminary recommendation that the St. Louis River Estuary be proposed for designation as a National Estuarine Research Reserve in Wisconsin. The state agencies will hold a public hearing at 6 p.m. on April 3rd, 2008 at the Wisconsin Indianhead Technical CollegeSuperior Conference Center, 600 North 21st Street, Superior, WI 78701. The views of interested persons and organizations on the proposed site recommendation are solicited, and may be expressed orally and/or in written statements. An informational presentation on the St. Louis River Estuary and the National Estuarine Research Reserve System (NERRS) is scheduled for 7 p.m. All comments received at the hearing will be considered in a formal nomination by the state to NOAA. The NERRS is a federal-state partnership that is administered by the National Oceanic and Atmospheric Administration (NOAA). The system protects more than 1.3 million acres of estuarine habitat for long-term research, monitoring, education and stewardship throughout the coastal United States. Established by the Coastal Zone Management Act of 1972, as amended, each reserve is managed by a lead state agency or university, with input from local partners. NOAA provides funding and national programmatic guidance. The NERR site selection effort is a culmination of several years of local, grassroots support for a Wisconsin NERR on Lake Superior. The recommendation of the St. Louis site follows a year-long process to gather information about all of the freshwater estuaries on Lake Superior's south shore. The site selection process involved dozens of meetings with scientists, agency land managers, public officials and citizens.

NMFS proposes regulations to approve and implement Framework Adjustment 19 (Framework 19) to the Atlantic Sea Scallop Fishery Management Plan (FMP) which was developed by the New England Fishery Management Council (Council). Framework 19 proposes the following management measures for the scallop fishery: Limited access scallop fishery specifications for 2008 and 2009 (open area days-at-sea (DAS) and Sea Scallop Access Area (access area) trip allocations); Elephant Trunk Access Area (ETAA) and Delmarva Access Area (Delmarva) in-season trip adjustment procedures; new Hudson Canyon Access Area (HCAA) measures; DAS allocation adjustments if an access area yellowtail flounder (yellowtail) total allowable catch (TAC) is caught; adjustments to the scallop overfishing definition; a prohibition on deckloading of scallops on access area trips; adjustments to the industry-funded observer program; a 30-day vessel monitoring system (VMS) power down provision; general category access area specifications for 2008 and 2009; and general category measures dependent on the implementation of Amendment 11 to the FMP as proposed by the Council, including a quarterly TAC, 2008 and 2009 general category quota allocations, and individual fishing quota (IFQ) permit cost recovery program requirements. NMFS will disapprove the Council's recommendation to eliminate the September 1 through October 31, ETAA seasonal closure, which was implemented under Framework 18 to the FMP to reduce sea turtle interactions with the scallop fishery. NMFS has determined that the Council's recommendation is not consistent with National Standard 2 of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

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 2.4 ``Trends in Emissions of Ozone Depleting Substances, Ozone Layer Recovery, and Implications for Ultraviolet Radiation Exposure.'' This draft report 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.

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 Alaska Aerospace Development Corporation (AADC), to take Steller's sea lions (Eumetopias jubatus) and Pacific harbor seals (Phoca vitulina richardsi) incidental to rocket launches from the Kodiak Launch Complex (KLC).

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that an 11-month letter of authorization (LOA) has been issued to the 30th Space Wing, U.S. Air Force, to take four species of seals and sea lions incidental to rocket and missile launches on Vandenberg Air Force Base (VAFB), California.

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 5.3``Decision support experiments and evaluations using seasonal to interannual forecasts and observational data.'' This draft report 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.

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.

NOAA and the Department of the Interior (DOI) jointly propose the Revised Draft Framework for Developing the National System of Marine Protected Areas (Revised Draft Framework), as required by Executive Order 13158 on Marine Protected Areas (MPAs). This Revised Draft Framework provides overarching guidance for collaborative efforts among federal, state, tribal and local governments and stakeholders to develop an effective National System of MPAs (National System) from existing sites, build coordination and collaborative efforts, and identify ecosystem-based gaps in the protection of significant natural and cultural resources for possible future action by the nation's MPA authorities. The document further provides the guiding principles, key definitions, goals, and objectives for the National System, based on the breadth of input received from MPA stakeholders and governmental partners around the nation over the past several years. The intent of this document is to summarize and respond to comments received on the initial draft document during the September 2006 through February 2007 public comment period, and solicit additional public input on the proposed Revised Draft Framework in order to develop a final document that meets the nation's interests in the National System. The Revised Draft Framework incorporates significant modifications based on due consideration of all comments and recommendations received on the initial draft document. At the end of the comment period on this Revised Draft Framework, NOAA will publish the final Framework, again with consideration of input received.

Notice is hereby given that the NMFS Marine Mammal Health and Stranding Response Program (MMHSRP), Silver Spring, MD (Dr. Teri Rowles, Principal Investigator) has applied in due form for a permit to conduct enhancement and research activities on marine mammals.

NOAA Bay Watershed Education and Training (B-WET) is an environmental education program that promotes locally relevant, experiential learning in the K-12 environment. Funded projects provide meaningful watershed educational experiences for students, related professional development for teachers, and helps to support regional education and environmental priorities in the Pacific Northwest, the northern Gulf of Mexico and New England. These new geographic areas are intended to build upon on the successes of the existing B-WET Programs in the Chesapeake Bay, California, and Hawaii.

The North Pacific Fishery Management Council (Council) and its advisory committees will hold public meetings, April 1-7, 2008, in Anchorage, AK.

In accordance with the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act), NMFS, upon a delegation of authority from the Secretary of Commerce (Secretary), has determined that the State of New Jersey has failed to carry out its responsibilities under the Atlantic States Marine Fisheries Commission's (Commission) Interstate Fishery Management Plan for Tautog (Plan) and that the measures New Jersey has failed to implement and enforce are necessary for the conservation of the tautog resource. This determination is consistent with the findings of the Commission on February 7, 2008. Pursuant to the Atlantic Coastal Act, a Federal moratorium on fishing for tautog within the state waters of New Jersey is hereby declared and will be effective on April 1, 2008. Tthe moratorium will be withdrawn when New Jersey is found to have come back into compliance with the Commission's Tautog Plan.

NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the first seasonal apportionment of the 2008 Pacific halibut bycatch allowance specified for the shallow-water species fishery in the GOA has been reached.

This notice announces receipt of an application for an exempted fishing permit (EFP) from Mr. John Gauvin of Gauvin and Associates, LLC. If granted, this permit would allow the applicant to continue the development and testing of a salmon excluder device for the Bering Sea pollock trawl fishery. This activity is intended to promote the objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) by reducing salmon bycatch in the Bering Sea pollock trawl fishery. Comments will be accepted at the April 1-7, 2008, North Pacific Fishery Management Council (Council) meeting in Anchorage, AK.

NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the offshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allocation of the 2008 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the offshore component of the Central Regulatory Area of the GOA.

This proposed rule provides interested parties an opportunity to comment on the proposed Sector Operations Plan and Supplemental Environmental Assessment (EA) prior to final approval or disapproval of the Sector Operations Plan and allocation of Georges Bank (GB) cod total allowable catch (TAC) to the Fixed Gear Sector for fishing year (FY) 2008. Framework Adjustment (FW) 42 to the Northeast (NE) Multispecies Fishery Management Plan (FMP) created the Georges Bank (GB) Cod Fixed Gear Sector (Fixed Gear Sector) and authorized allocation of up to 20 percent of the annual GB cod TAC to the Fixed Gear Sector. Pursuant to that authorization, a representative of the Fixed Gear Sector has submitted an Operations Plan and Sector Agreement (Contract), and requested an allocation of GB cod to the Fixed Gear Sector for FY 2008.

NMFS is opening directed fishing for pollock in Statistical Area 610 of the Gulf of Alaska (GOA). This action is necessary to fully use the A season allowance of the 2008 total allowable catch (TAC) of pollock specified for Statistical Area 610 of the GOA.

NOAA's Office of Ocean and Coastal Resource Management is issuing this notice to advise the public that a DEIS for OCRM's review of amendments to the Washington Coastal Management Program has been prepared and is available for public review and comment. Written requests for the DEIS and written comments on the DEIS can be submitted to the individual listed in the section FOR FURTHER INFORMATION CONTACT. Public Hearings will be held on April 10, 2008 and April 11, 2008. The public comment period commenced on February 29, 2008 as noticed in the Federal Register at https://frwebgate4.access.gpo.gov/ cgi-bin/waisgate.cgi?WAISdocID=5668694961+0+0+0&WAISaction=re trieve and will close on April 14, 2008. Public Comment Hearings: The start of the public comment period on the DEIS commenced February 29, 2008 and will close on April 14, 2008. Two public hearings will be held; one on April 10, 2008 and one on April 11, 2008 in Lacey, Washington and Seattle, Washington, respectively. The public hearing on April 10th will be held in Lacey, Washington at the Washington State Department of Ecology Headquarters, (300 Desmond Drive) and will begin at 3:30 p.m. and last until 6:30 p.m. The public hearing on April 11th will be held in Seattle Washington at the Mountaineers Building, Tahoma 2 Room (300 Third Avenue West) and will begin at 3:30 p.m. and last until 6:30 p.m.

NMFS is continuing its solicitation of nominations for the Advisory Panel (AP) on Pacific Whiting called for in the Pacific Whiting Act of 2006 (Act). An initial solicitation was published in the Federal Register on October 24, 2007 and resulted in insufficient nominations to meet the requirements of the Act. Nominations are being sought for at least 6, but not more than 12 individuals to serve as United States representatives on the AP. Nomination packages received during the initial solicitation period will be considered in final selection of United States representatives to the AP and it is not necessary to resubmit them.

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's (Council) Groundfish Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

NMFS is prohibiting directed fishing for Pacific cod by trawl catcher vessels in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season allowance of the 2008 Pacific cod allowable catch (TAC) specified for trawl catcher vessels in the BSAI.

NMFS, in cooperation with the Gulf of Mexico Fishery Management Council (Council), is preparing an EA in accordance with the National Environmental Policy Act (NEPA) for Amendment 30B to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico. This notice is intended to inform the public of the change from the preparation of a draft environmental impact statement (EIS) to an EA for Amendment 30B.

The Assistant Administrator for Fisheries, NOAA (AA), on behalf of the International Pacific Halibut Commission (IPHC), publishes annual management measures promulgated as regulations by the IPHC and approved by the Secretary of State governing the Pacific halibut fishery. The AA also announces modifications to the Catch Sharing Plan (CSP) for Area 2A (waters off the U.S. West Coast) and implementing regulations for 2008, and announces approval of the Area 2A CSP. These actions are intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Pacific Fishery Management Council (PFMC) and the North Pacific Fishery Management Council (Council).