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

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 has approved the revised management plan, which includes an expansion of the boundary of the reserve, for the Chesapeake Bay Maryland National Estuarine Research Reserve. 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 decision makers 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: 1,345 acres are incorporated into the Jug Bay component site and approximately 32 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 Gulf of Mexico Fishery Management Council to convene its Spiny Lobster Advisory Panel (AP) via conference call.

The Gulf of Mexico Fishery Management Council (Council) will convene public hearings on Reef Fish Amendment 29, Spiny Lobster and Aquaculture Amendment.

Notice is hereby given that NMFS has received an application for scientific research from East Bay Municipal Utility District (EBMUD) in Lodi, CA. The permit would affect the federally threatened Central Valley steelhead Distinct Population Segment (DPS), as identified in the SUPPLEMENTARY INFORMATION section. This document serves to notify the public of the availability of the permit application for review and comment.

NMFS announces three public meetings to solicit comments on the proposed revisions to the guidelines for National Standard 1 (NS1) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA).

Notice is hereby given that the Hawaii Marine Mammal Consortium, P.O. Box 6107, Kamuela, HI 96743 [File No. 1127-1921] and Dr. Rachel Cartwright, 5277 West Wooley Rd., Oxnard, CA 93035 [File No. 10018] have each been issued a permit to conduct scientific research on several species of cetaceans found in Hawaiian waters.

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).

The National Marine Fisheries Service (NMFS) announces the initial determination that the pelagic longline fishery has a high level of mortality and serious injury across a number of marine mammal stocks, and proposes regulations to implement the Atlantic Pelagic Longline Take Reduction Plan (PLTRP) to reduce serious injuries and mortalities of pilot whales and Risso's dolphins in the Atlantic pelagic longline fishery. The PLTRP is based on consensus recommendations submitted by the Atlantic Pelagic Longline Take Reduction Team (PLTRT). This action is necessary because current serious injury and mortality rates of pilot whales and Risso's dolphins incidental to the Atlantic pelagic longline component of a Category I fishery are above insignificant levels approaching a zero mortality and serious injury rate (zero mortality rate goal, or ZMRG), and therefore, inconsistent with the long-term goal of the Marine Mammal Protection Act (MMPA). The PLTRP is intended to meet the statutory mandates and requirements of the MMPA through both regulatory and non-regulatory measures, including a special research area, gear modifications, outreach material, observer coverage, and captains' communications.

Notice is hereby given that NMFS has received two 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.

NMFS announces its request for applications for the 2008 shark research fishery from commercial shark fishermen. The shark research fishery will allow for the collection of fishery-dependent data for future stock assessments while also allowing NMFS and commercial fishermen to conduct cooperative research to meet the shark research objectives for the Agency. Only commercial vessels participating in the shark research fishery would be able to land sandbar sharks. These vessels would also land non-sandbar large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks. Commercial vessels not participating in the shark research fishery may only land non-sandbar LCS, SCS, and pelagic sharks. Commercial shark fishermen who are interested in participating in the shark research fishery need to submit a completed Shark Research Fishery Permit Application in order to be considered. Generally, these permits will be valid through December 31, 2008, unless otherwise specified, subject to the terms and conditions of individual permits.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Habitat/MPA/Ecosystem Committee, in July, 2008, 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.

The Gulf of Mexico Fishery Management Council to convene its Ad Hoc Grouper Individual Fishing Quota (IFQ) Advisory Panel (AHGIFQAP) via conference call.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Committee, in July, 2008, 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.

NMFS issues regulations implementing Amendment 26 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). These regulations amend the Crab Rationalization Program. Amendment 26 amends the FMP to exempt permanently quota share issued to crew members, and the annual harvest privileges derived from that quota share, from requirements for delivery to specific processors, delivery within specific geographic regions, and participation in an arbitration system to resolve price disputes. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the FMP, and other applicable law.

NMFS announces that the Elephant Trunk Scallop Access Area (ETAA) will close to general category scallop vessels until it re-opens on March 1, 2009, under current regulations. This action is based on the determination that 1,671 general category scallop trips into the ETAA are projected to be taken as of 1200 hr (noon) local time, June 18, 2008. This action is being taken to prevent the allocation of general category trips in the ETAA from being exceeded during the 2008 fishing year, in accordance with the regulations implementing Framework 18 to the Atlantic Sea Scallop Fishery Management Plan (FMP) and the Magnuson-Stevens Fishery Conservation and Management Act.

NMFS, upon application from the Minerals Management Service (MMS), is issuing regulations to govern the unintentional takings of small numbers of marine mammals incidental to explosive severance activities at offshore oil and gas structures in the Gulf of Mexico (GoM). Issuance of regulations, and Letters of Authorization (LOAs) under those regulations, governing the unintentional incidental takes of marine mammals in connection with particular activities is required by the Marine Mammal Protection Act (MMPA) when the Secretary of Commerce (Secretary), after notice and opportunity for comment, finds, as here, that such takes will have a negligible impact on the affected species or stocks of marine mammals and will not have an unmitigable adverse impact on their availability for taking for subsistence uses, and if the Secretary sets forth the permissible methods of taking and other means of effecting the least practicable adverse impact on affected marine mammal species or stocks and their habitat, and on the availability of such species or stocks for subsistence uses. These regulations do not authorize offshore structure removal activities as such authorization is not within the jurisdiction of the Secretary. Rather, NMFS' regulations together with LOAs authorize the unintentional incidental take of marine mammals in connection with this activity.

The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Wednesday, July 16, 2008, from 10 a.m. to 4 p.m. and Thursday, July 17, 2008, from 8:30 a.m. to 5:30 p.m. These times and the agenda topics described below are subject to change. Please refer to the Web page https://www.sab.noaa.gov/ Meetings/meetings.html for the most up-to-date meeting agenda. Place: The meeting will be held both days at the Kalahari Resort, 7000 Kalahari Drive, Sandusky, Ohio 44870. Please check the SAB Web site https://www.sab.noaa.gov for confirmation of the venue and for directions. Status: The meeting will be open to public participation with a 30- minute public comment period on July 17 (check Web site to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Written comments should be received in the SAB Executive Director's Office by July 11, 2008 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after July 11, 2008, will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seats will be available on a first-come, first-served basis. Matters To Be Considered: The meeting will include the following topics: (1) Final Report from the Working Group to Examine Advisory Options for Improving Communications among NOAA's Partners (Partnerships WG or PWG); (2) Preliminary Draft Report from the Fire Weather Research Working Group (FWRWG); (3) National Climate Service; (4) Climate Working Group Update on Climate Services; (5) Climate Working Group Review on Research and Modeling Review; (6) Oceans and Human Health; (7) Unmanned Aircraft Systems (UAS) in NOAA; (8) NOAA Transition to the Next Administration; (9) SAB Benchmark Review Discussion; (10) SAB Strategic Planning Discussion; and (11) a series of brief presentations on NOAA activities in the Great Lakes.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Hawaii Coastal Management Program, the Minnesota Coastal Management Program, the San Francisco (California) Bay Conservation and Development Commission, and the California State Coastal Conservancy. The Coastal Zone Management Program evaluations will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended (CZMA) and regulations at 15 CFR part 923, Subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of Coastal Management Programs requires findings concerning the extent to which a state has met the national objectives, adhered to its Coastal Management Program document approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. Each evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, state, and local agencies and members of the public. A public meeting will be held as part of the site visit. Notice is hereby given of the dates of the site visits for the listed evaluations, and the dates, local times, and locations of the public meetings during the site visits. Dates and Times: The Hawaii Coastal Management Program evaluation site visit will be held July 25-August 4, 2008. One public meeting will be held during the week. The public meeting will be held on Wednesday, July 30, 2008, at 7 p.m. at the Hilo State Office Building, Conference Rooms A, B, and C, 75 Aupuni Street, Hilo, Hawaii. Minnesota's Lake Superior Coastal Program evaluation site visit will be held August 4-8, 2008. One public meeting will be held during the week. The public meeting will be held on Monday, August 4, 2008, at 6 p.m. at the Lafayette Community Center, 3026 Minnesota Avenue, Duluth, Minnesota. The joint San Francisco (California) Bay Conservation and Development Commission and the California State Coastal Conservancy evaluation site visit will be held September 22-26, 2008. One public meeting will be held during the week. The public meeting will be held on Tuesday, September 23, 2008, at 7 p.m. at the San Francisco Bay Conservation and Development Commission, McAteer-Petris Conference Room, 50 California Street, San Francisco, California.

The HMW is not a committee of the Pacific Fishery Management Council (Council), however, the Council has expressed interest in having a report from the HMW, and has offered to provide meeting space. The meeting is open to the public.

NMFS has received an application from PGS Onshore, Inc. (PGS) for an Incidental Harassment Authorization (IHA) to take marine mammals incidental to an exploratory three-dimensional (3D) marine seismic survey in the Beaufort Sea, Alaska, utilizing an ocean bottom cable/ transition zone (OBC/TZ) technique in summer 2008. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to PGS to incidentally take, by harassment, small numbers of several species of marine mammals between July and September, 2008, during the aforementioned activity.

This action modifies the regulations implementing the Northeast (NE) Multispecies Fishery Management Plan (FMP) to create three NE Multispecies Scallop Exemptions that are identical to the current scallop exemptions, except for the addition of an incidental monkfish catch limit. These new scallop exemptions are 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 are required to possess, and have onboard, a valid limited access monkfish permit, or an open access monkfish Incidental Catch permit. The intent of this action is to allow small scallop dredge vessels to land monkfish that are currently being discarded, consistent with the bycatch reduction objectives of the FMP and National Standard 9 of the Magnuson-Stevens Fishery Conservation and Management Act.

Notice is hereby provided that the deadline for issuing a decision has been extended 15 days, in the federal consistency appeal filed with the Department of Commerce by AES Sparrows Point LNG, LLC and Mid-Atlantic Express, LLC (collectively, AES).

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to Neptune LNG, L.L.C. (Neptune) to take, by harassment, small numbers of several species of marine mammals incidental to construction of an offshore liquefied natural gas (LNG) facility in Massachusetts Bay for a period of 1 year.

Notice is hereby given that Niladri Basu, Ph.D., Department of Environmental Health Sciences, University of Michigan, 109 South Observatory Road, Ann Arbor, MI 48109-2029, has applied in due form for a permit to import tissues from baikal seals (Phoca sibirica) from Japan for the purpose of scientific research.

NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery by catcher processor rockfish cooperatives subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the GOA. This action is necessary because the 2008 Pacific halibut prohibited species catch (PSC) sideboard limit specified for the deep-water species fishery by catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the deep-water species fisheries.