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

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

The Mid-Atlantic Fishery Management Council (Council), its Bycatch/Limited Access Committee; its Ecosystems Committee; its Research Set-Aside Committee; its Squid, Mackerel, Butterfish Committee; its Law Enforcement Committee; and, its Executive Committee will hold public meetings.

Pursuant to the National Environmental Policy Act (NEPA), the National Marine Fisheries Service (NMFS) announces its intent to issue an environmental assessment (EA) which analyzes the management options for the west-coast-based deep-set longline (DSLL) pelagic tuna fishery operating on the high seas. The preferred alternative is to allow for the continued operation and possible minor expansion of the west-coast- based DSLL pelagic tuna fishery operating on the high seas. Impacts to the human environment (e.g., effects of the proposed action on protected species, finfish, seabirds, and socioeconomics) were found to be insignificant for both alternatives being considered. In 2005 a single commercial vessel began participating in the DSLL fishery on the high seas; therefore, this EA will provide the needed analysis to manage the fishery based on the best available science to ensure that the fishery is consistent with all Federal statutes and management objectives.

The Pacific Fishery Management Council's (Council) Salmon Technical Team (STT), Scientific and Statistical Committee (SSC) Salmon Subcommittee, and Model Evaluation Workgroup (MEW) will review proposed salmon methodology changes in a joint work session, which is open 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 has approved the revised management plan for the Padilla Bay National Estuarine Research Reserve. The Padilla Bay Reserve was designated in 1980 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 1980. 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 with this requirement and sets a course for successful implementation of the goals and objectives of the reserve. The mission of the Padilla Bay Reserve is to provide leadership to promote informed management of estuarine and coastal habitats through scientific understanding and encourage good stewardship practices through partnerships, public education, and outreach programs. The management plan establishes three goals consistent with the Reserve's mission. These goals are (1) protect and improve habitat and biological diversity within the boundary of the Reserve, (2) increase the use of the Reserve and its research program to address priority coastal management issues of Washington State and (3) to support informed decision-making and responsible stewardship of coastal communities and ecosystems. Organized in a framework of programmatic goals and objectives, the Padilla Bay Reserve's management plan identifies specific strategies or actions for research, education/interpretation, public access, construction, land acquisition, and resource protection, restoration, and manipulation. Overall, the plan seeks to accomplish the mission of the Reserve by facilitating scientific research, encouraging stewardship, and addressing the local education and outreach needs. Specifically, stewardship is encompassed under resource protection, habitat restoration, and resource conservation priorities. These priorities address reserve efforts to evaluate natural and anthropogenic processes that affect the reserve and its habitats, support for research and monitoring of important resources, restore and protect natural habitats and to actively educate the public to inform resource management. Research and monitoring activities support independent research projects within the reserve and its vicinity with resources and background data. Staff and visiting researchers conduct monitoring and research within the boundaries of the reserve and Padilla Bay watershed and use GIS to map critical habitats. Research and monitoring results are made available to others and are translated to public and private users through education, training and outreach programs. Education at the reserve targets a wide variety of audiences including students, teachers, adults, resource users and coastal decision-maker audiences. The reserve's comprehensive approach to education including a K-12 education program, outreach and a coastal training program are designed to increase knowledge of the target audiences about Pacific Northwest estuaries. Public access at the Padilla Bay Reserve includes trails, an observation deck and boat launches. Administration at the reserve includes supporting the staffing and budget necessary to carry out the goals and objectives of the plan. The administration of the Padilla Bay Reserve is a collective effort involving the Washington State Department of Ecology (WDOE), other state or local agencies and organizations, a Reserve oversight and programmatic advisory committee for research, education, coastal training, and stewardship, and the Padilla Bay Foundation. An established administrative framework implements and coordinates Reserve programs under the plan.

We, NMFS, apply the Endangered Species Act (ESA) protective regulations for threatened West Coast salmon and steelhead to the distinct population segment (DPS) of steelhead (Oncorhynchus mykiss) in Puget Sound, Washington.

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.

In accordance with the regulations implementing the individual fishing quota (IFQ) program for the commercial red snapper fishery in the Gulf of Mexico, the Administrator, Southeast Region, NMFS (RA) has determined that catastrophic conditions exist in those parts of Texas and Louisiana from the mouth of the Mississippi River west to Freeport, Texas as a result of recent hurricanes. Consistent with those regulations, the RA has authorized IFQ participants within this affected area to use paper-based forms, if necessary, for basic required IFQ administrative functions, e.g., landing transactions, until October 24, 2008. This determination of catastrophic conditions and allowance of alternative methods for completing required IFQ administrative functions is intended to facilitate continuation of IFQ operations during the period of catastrophic conditions.

The National Marine Fisheries Service (NMFS) announces the availability of the Proposed Middle Columbia River Steelhead Recovery Plan (Plan) for public review and comment. The Plan addresses the Middle Columbia River Steelhead (Oncorhynchus mykiss) Distinct Population Segment (DPS), which spawns and rears in tributaries to the Columbia River in central and eastern Washington and Oregon. NMFS is soliciting review and comment from the public and all interested parties on the Proposed Plan.

NMFS is correcting regulatory text implementing measures that were approved as part of 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). This correction specifies the September 1 through October 1 Elephant Trunk Sea Scallop Access Area (ETAA) seasonal closure, which was inadvertently removed from the regulations in the final rule for Framework 19. This rule also corrects an incorrect reference to the Nantucket Lightship Access Area included in the regulations for the ETAA, and includes the total allowable catch (TAC) values.

NMFS is prohibiting directed fishing for pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2008 total allowable catch (TAC) of pollock for Statistical Area 630 in the GOA.

The Western Pacific Fishery Management Council (Council) will hold its 143rd meeting to consider and take actions on fishery management issues in the Western Pacific Region.

The Pacific Fishery Management Council's (Council) Groundfish Allocation Committee (GAC) will a hold working meeting, which is open to the public.

The Monterey Bay National Marine Sanctuary (MBNMS or Sanctuary) is seeking applicants for the Tourism alternate on its Sanctuary Advisory Council. Applicants chosen as the Tourism alternate should expect to serve until February 2011. Applicants are chosen based upon their particular expertise and experience in relation to the alternate position for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the Sanctuary.

NMFS proposes regulations to implement Amendment 27 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). These proposed regulations would amend the Crab Rationalization Program to: implement the statutory requirements of section 122(e) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act that specifically directs NMFS to modify how individual processing quota (IPQ) use caps apply to a person who is custom processing Chionoecetes opilio crab in the North Region, clarify that for other crab fisheries, IPQ crab that is processed at a facility through contractual arrangements with the facility owners would not be applied against the IPQ use cap of the facility owners provided specific conditions are met, and modify IPQ use caps that limit the amount of IPQ that may be used at a facility by persons processing Eastern Aleutian Islands golden king crab and Western Aleutian Islands red king crab. This action is intended to promote the goals and objectives of the Magnuson- Stevens Fishery Conservation and Management Act, the FMP, and other applicable law.

The New England Fishery Management Council has cancelled the public meeting of its Groundfish Committee that was scheduled for Monday, September 29, 2008 beginning at 9 a.m., in Peabody, MA.

NMFS announces that it is considering, and is seeking public comment on proposed rulemaking to revise National Standard 2 (NS2) guidelines regarding use of best scientific information available, in light of reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS is considering modifying the language describing the content and purpose of the Stock Assessment and Fishery Evaluation (SAFE) Report or related documents, and adding language regarding peer review processes, the role of the scientific and statistical committees (SSCs) of the Regional Fishery Management Councils (Councils), and the relationship between peer reviews and SSCs.

The North Pacific Fishery Management Council has submitted Amendment 73 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 77 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (collectively, Amendments 73/77) for Secretarial (Commerce) approval. If approved, Amendments 73/77 would remove dark rockfish (Sebastes ciliatus) from both fishery management plans (FMPs). Consequently, the State of Alaska would then assume management of dark rockfish in the Bering Sea and Aleutian Islands Management Area and the Gulf of Alaska. This action is necessary to allow the State of Alaska to implement more responsive, regionally based management of dark rockfish than is currently possible under the FMPs. This action would improve conservation and management of dark rockfish and is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMPs, and other applicable laws.

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, October 15, 2008, from 10:30 a.m. to 5 p.m. and Thursday, October 16, 2008, from 8:15 a.m. to 2 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 Hilton Washington DC/Silver Spring, 8727 Colesville Road, Silver Spring, Md. 20910. 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 October 15 (check website 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 October 10, 2008 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after October 10, 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 Fire Weather Research Working Group; (2) Preliminary Draft Report from Social Sciences Working Group; (3) Climate Working Group Development of Options for a National Climate Service; (4) NOAA Response to the Report from the SAB on Examining Advisory Options for Improving Communications Among NOAA's Partners; (5) SAB Strategic Planning Discussion; and (6) NOAA Transition to the Next Administration.

The Gray's Reef National Marine Sanctuary (GRNMS or sanctuary) is seeking applicants for the following vacant seats on its Sanctuary Advisory Council (council) sport fishing, sport diving and regional conservation. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the sanctuary. Applicants who are chosen as members should expect to serve three-year terms, pursuant to the council's Charter.

NMFS issues regulations to exempt groundfish catcher/ processors and motherships equipped with an operational vessel monitoring system transmitter from check-in/check-out requirements. This action reduces paperwork requirements for certain catcher/ processors and motherships and changes the definitions for ``active'' period for motherships and trawl, longline, and pot gear catcher/ processors. This action reduces administrative costs for both the fishing industry and NMFS.

Olympic Coast National Marine Sanctuary (OCNMS or sanctuary) was designated in May 1994. It spans 3,310 square miles of marine waters off the rugged Olympic Peninsula coast, covering much of the continental shelf and the heads of several major submarine canyons. The present management plan was written as part of the sanctuary designation process and published in the Final Environmental Impact Statement in 1993. In accordance with Section 304(e) of the National Marine Sanctuaries Act, as amended, (NMSA) (16 U.S.C. 1431 et seq.), the Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) is initiating a review of the OCNMS management plan, to evaluate substantive progress toward implementing the goals for the Sanctuary, and to make revisions to the plan and regulations as necessary to fulfill the purposes and policies of the NMSA. NOAA will conduct public scoping meetings to gather information and other comments from individuals, organizations, tribes, and government agencies on the scope, types and significance of issues related to the Sanctuary's management plan and regulations. The scoping meetings are scheduled as detailed below.

This document contains a correction to the final rule governing the taking of marine mammals incidental to the explosive removal of offshore structures in the Gulf of Mexico that was published in the Federal Register on Thursday June 19, 2008.

The Council-Federal cooperative SEDAR process provides stock assessments for fisheries resources of the Southeast Region. Assessment priorities are typically established by management need or perceptions of management or population problems, and often do not consider data availability. As a result, despite several attempts by SEDAR, no acceptable quantitative assessments have been developed for Caribbean stocks because data to support traditional stock assessment methods simply do not exist. It is clear that alternative methods need to be developed that will allow assessing Caribbean fisheries resources in a manner that will withstand independent peer review. Identifying and evaluating available data sources across all managed species is a strong first step that is consistent with peer review and assessment report recommendations. SEDAR will convene a workshop including representatives from Federal agencies, territorial governments, non-governmental organizations, Council technical and constituent advisors, and university researchers. Participants will catalog and evaluate basic data, address alternative assessment methods that will accommodate the available data, and recommend assessment priorities that are consistent with available data and methods.

Measures of population abundance are critical to developing adequate and reliable quantitative stock assessments. Given the complexity of developing indices of abundance and determining which indices may be useful for use in stock assessments, a 4 day workshop will be convened to gather key members of the SEDAR assessment community to prepare a guide to index development and evaluation. Topics of discussion will include: methods for indices development, review of criteria used in determining usefulness of indices in past SEDARs, meta-analysis of indices presented in past SEDARs (examining factors such as duration, coefficients of variation, and spatial coverage), and possible criteria for indices selection. Participants will produce summaries and/or documents of various issues to be discussed prior to the workshop and participant in the development of the final report during and after the meeting.