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

This final rule postpones from June 1, 2008, to July 1, 2008, the effective date of the limited access general category (LAGC) scallop permit requirements, and specified related requirements, that are included in the final rule for Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan (Amendment 11). This final rule is intended to provide the industry with additional time to comply with the new LAGC scallop permit requirements.

A major activity of the Climate Change Science Program (CCSP) is the production of a series of 21 Synthesis and Assessment Products (SAPs) that are designed to inform and aid decision making by policy makers, resource managers, stakeholders, the media, and the general public on issues related to global climate change. The Unified Synthesis Product (USP) Development Committee (USPDC), established by a Decision Memorandum on February 29, 2008, is the Federal Advisory Committee charged with responsibility to develop a draft USP that will synthesize the information contained in the 21 SAPs in the context of other recent climate and global change scientific studies and formal assessments. Please note that meeting location, times, and agenda topics described here are subject to change. Meeting information will be available online on the USPDC website: https://www.climate.noaa.gov/index.jsp?pg=./ccsp/unified_synth esis.jsp

NMFS announces a meeting of the General Advisory Committee to the U.S. Section to the Inter-American Tropical Tuna Commission (IATTC) on June 2, 2008. Meeting topics are provided under the SUPPLEMENTARY INFORMATION section of this notice.

Notice is hereby given that Raymond Carthy, Department of Wildlife Ecology and Conservation, University of Florida, P.O. Box 110485, Gainesville, Florida 23611-0450, has been issued a permit to take loggerhead (Caretta caretta), green (Chelonia mydas), and Kemp's ridley (Lepidochelys kempii) sea turtles for purposes of scientific research.

NMFS proposes to modify the regulations implementing the Northeast (NE) Multispecies Fishery Management Plan (FMP) to create three Scallop Exemptions that are identical to the current scallop exemptions, except for the addition of an incidental monkfish catch limit. These new scallop exemptions would be restricted to vessels issued either a General Category Atlantic sea scallop permit or a limited access Atlantic sea scallop permit (when not fishing under a scallop days-at-sea (DAS) limitation), when fishing for scallops with small dredge gear (combined width not to exceed 10.5 ft (3.2 m)). Vessels that land an incidental catch of monkfish within these new scallop exemptions would be required to possess a valid monkfish Incidental Catch permit. The intent of this action is to allow small scallop dredge vessels to land monkfish that they are currently discarding consistent with the bycatch reduction objectives of the FMP and National Standard 9 of the Magnuson-Stevens Fishery Conservation and Management Act.

NMFS has received an application from the Arctic Slope Regional Corporation (ASRC) Energy Services (AES) for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to conducting shallow hazard and site clearance surveys in the Chukchi Sea between July and November 2008. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposed IHA for these activities.

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.

NMFS approves and implements new management measures for the monkfish fishery recommended in Framework Adjustment 5 (Framework 5) to the Monkfish Fishery Management Plan (FMP), which has been submitted jointly by the New England (NEFMC) and Mid-Atlantic Fishery Management Councils (Councils). This action approves and implements revised biological reference points in the FMP to be consistent with the recommendations resulting from the most recent stock assessment for this fishery (Northeast Data Poor Stocks Working Group (DPWG, July 2007)), and approves and implements revised management measures to ensure that the monkfish management program succeeds in keeping landings within the target total allowable catch (TAC) levels.

Notice is hereby given that NMFS, Southwest Fisheries Science Center (SWFSC) (Jeremy Rusin, Principal Investigator), Protected Resources Division, 8604 La Jolla Shores Dr., La Jolla, CA 92037 has been issued an amendment to scientific research Permit No. 774-1714-06.

NOAA publishes this notice to announce the availability of the draft NOAA Hurricane Forecasting Improvement Project Plan for public comment. The Plan has been written to document NOAA's commitment to work with its partners in hurricane research and development to improve its capabilities to forecast hurricanes.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit (EFP) application submitted by David Beutel and Laura Skrobe of the University of Rhode Island (URI) contains all of the required information and warrants further consideration. The EFP would enable researchers to test an experimental net that uses very large mesh panels to increase escapement of cod relative to haddock by granting exemption from the Gulf of Maine (GOM) Rolling Closure Areas II and III. The Assistant Regional Administrator has made a preliminary determination that the activities authorized under this EFP would be consistent with the goals and objectives of the Northeast (NE) Multispecies Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue an EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow two commercial fishing vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.

NMFS announces that the percentage of the tilefish annual total allowable landings (TAL) available to the tilefish Part-time permit category for the 2008 fishing year has been harvested. Therefore, commercial vessels fishing under the Part-time tilefish category may not harvest tilefish from within the Golden Tilefish Management Unit for the remainder of the 2008 fishing year (through October 31, 2008) as of April 25, 2008. Regulations governing the tilefish fishery require publication of this notification to advise the public of this closure.

NMFS is prohibiting directed fishing for northern rockfish and pelagic shelf rockfish for trawl catcher vessels participating in the entry level rockfish fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2008 total allowable catch (TAC) of northern rockfish and pelagic shelf rockfish allocated to trawl catcher vessels participating in the entry level rockfish fishery in the Central Regulatory Area of the GOA.

The Mid-Atlantic Fishery Management Council's (MAFMC) Ad Hoc Excessive Shares Committee will hold a public meeting.

The Gulf of Mexico Fishery Management Council (Council) will convene a workgroup of its Socioeconomic Panel (SEP).

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

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 5.2 ``Best practice approaches for characterizing, communicating, and incorporating scientific uncertainty in decisionmaking.'' 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.

NOAA and the Department of the Interior published a notice in the Federal Register on March 17, 2008 (73 FR 14227) announcing a 30- day public comment period on the Revised Draft Framework for Developing the National System of Marine Protected Areas (Revised Draft Framework). Copies of the Revised Draft Framework can be requested via the contact information below or downloaded from https://www.mpa.gov. The deadline for public comment on the Revised Draft Framework is hereby extended.

NMFS is opening directed fishing for Pacific ocean perch in the Eastern Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI) for vessels participating in the BSAI trawl limited access fishery. This action is necessary to fully use the 2008 total allowable catch (TAC) of Pacific ocean perch in this area specified for vessels participating in the BSAI trawl limited access fishery.

Notice is hereby given that NMFS has received 15 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.

The purpose of this notice is to request proposals for special projects and programs associated with the Agency's strategic plan and mission goals, as well as to provide the general public with information and guidelines on how NOAA will select proposals and administer discretionary Federal assistance under this BAA. This BAA is a mechanism to encourage research, education and outreach, innovative projects, or sponsorships that are not addressed through our competitive discretionary programs. It is not a mechanism for awarding Congressionally directed funds. Funding for potential projects in this notice is contingent upon the availability of Fiscal Year 2008 and Fiscal Year 2009 appropriations. Applicants are hereby given notice that funds have not yet been appropriated for any proposed activities in this notice. Publication of this announcement does not oblige NOAA to review an application beyond an initial administrative review, or to award any specific project, or to obligate any available funds.

As required by the Marine Mammal Protection Act (MMPA), NMFS has incorporated public comments into revisions of marine mammal stock assessment reports (SARs). These reports for 2007 are now final and available to the public.

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce is announcing a thirty-day public comment period on the Chesapeake Bay Maryland National Estuarine Research Reserve Management Plan Revision. The Chesapeake Bay Maryland National Estuarine Research Reserve has three sites; Monie Bay, Jug Bay, and Otter Point Creek. Monie Bay was designated as part of the National Estuarine Research Reserve in 1985 and Jug Bay and Otter Point Creek were designated in 1990 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 1990. Pursuant to 15 CFR Section 921.33(c), a state must revise their management plan every five years. The submission of this plan brings the reserve into compliance and sets a course for successful implementation of the goals and objectives of the reserve. A boundary expansion, new facilities, and updated programmatic objectives are notable revisions to the 1990 approved management plan. The revised management plan outlines the administrative structure; the education, stewardship, and research goals of the reserve; and the plans for future land acquisition and facility development to support reserve operations. Since 1990, the reserve has added a coastal training program that delivers science-based information to key decisionmakers in the Chesapeake Bay. The reserve has realized many aspects of the 1990 plan, including the completion of the Anita C. Leight Center in Harford County. This facility provides classrooms, lab space, exhibit space and office space and has allowed the implementation of research, education and volunteer activity at the Otter Point Creek component of the reserve. This management plan calls for a boundary expansion at two reserve sites: One thousand three hundred and forty-five acres are incorporated into the Jug Bay component site and approximately thirty-two acres will be incorporated into the Otter Point Creek site. The Otter Point Creek component will expand its land area from 443 to 475 acres. The land increase consists of two forested parcels adjacent to the current boundary that will serve as a buffer for core estuarine habitat and will also provide an important access point for monitoring and education programming. The expansion at Jug Bay includes land on both sides of the Patuxent River, increasing the acreage of this site from 491 to 1,836. The original boundary for this component site included a portion of the county owned parks. This expansion incorporates a larger portion of those parks to become designated as part of the National Estuarine Research Reserves. West of the Patuxent River, the reserve will add 455 acres of wetlands and buffer lands that will enhance the protection of core reserve lands and will enhance the research and monitoring. East of the Patuxent River, the reserve will be expanded by 890 acres to increase the level of protection surrounding the river and expand the area available for reserve programming.

The South Atlantic Fishery Management Council (Council) will hold a series of public hearings and scoping meetings beginning in early May. Public hearings will be held for Amendment 16 to the Snapper Grouper Fishery Management Plan (FMP) for the South Atlantic, the Fishery Ecosystem Plan (FEP), and the Comprehensive Ecosystem Amendment (CEA). Public scoping will be held for Amendment 18 to the Snapper Grouper FMP for the South Atlantic. See SUPPLEMENTARY INFORMATION.

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to military readiness training events and research, development, testing and evaluation (RDT&E) to be conducted in the Southern California Range Complex (SOCAL) for the period beginning January 2009 and ending January 2014. Pursuant to the implementing regulations of the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of the Navy's request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the Navy's application and request.