National Oceanic and Atmospheric Administration December 22, 2008 – Federal Register Recent Federal Regulation Documents

Pacific Halibut Fisheries; Guided Sport Charter Vessel Fishery for Halibut
Document Number: E8-30376
Type: Proposed Rule
Date: 2008-12-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes regulations that would limit the harvest of Pacific halibut by guided sport charter vessel anglers in International Pacific Halibut Commission Regulatory Area 2C (Area 2C) of Southeast Alaska to one halibut per day. This proposed regulatory change is necessary to reduce the halibut harvest in the charter vessel sector to approximately the guideline harvest level for Area 2C. The intended effect of this action is to manage the harvest of halibut consistent with an allocation strategy recommended by the North Pacific Management Council for the guided sport charter vessel fishery and the commercial fishery.
Habitat Conservation Plan for the City and County of San Francisco, through its Public Utilities Commission, for the Operation and Maintenance Activities of its Alameda Watershed, Alameda and Santa Clara Counties, California
Document Number: E8-30374
Type: Notice
Date: 2008-12-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
Pursuant to the National Environmental Policy Act (NEPA), the FWS and NMFS (Services), are issuing this notice to advise the public of our intent, in coordination with the San Francisco Planning Department, to conduct public scoping necessary to gather information to prepare a joint Environmental Impact Statement/Environmental Impact Report (EIS/ EIR). The EIS/EIR will analyze the environmental effects of the of the Services' proposed issuance of an incidental take permit under the Endangered Species Act of 1973, as amended, (hereafter ESA or Act), for a Habitat Conservation Plan (Plan) within a portion of the Alameda Creek watershed. The permit applicant is the City and County of San Francisco through its Public Utilities Commission (SFPUC). The SFPUC intends to request a 30-year permit for five federally listed as threatened or endangered species and 12 unlisted species that may become listed during the term of the permit. The permit is needed to authorize the incidental take of threatened and endangered species that could occur as a result of the SFPUC's operations and maintenance activities on SFPUC lands within the Alameda Creek watershed. The Services provide this notice to (1) describe the proposed Plan and possible alternatives; (2) advise other Federal and State agencies, affected Tribes, and the public of the intent to prepare an EIS/EIR; (3) announce the initiation of a public scoping period; and (4) obtain suggestions and information on the scope of issues and alternatives to be included in the EIS/EIR. Pursuant to the California Environmental Quality Act (CEQA), a separate Notice of Preparation for the EIS/EIR will be posted by the San Francisco Planning Department, Major Environmental Analysis (MEA) Division with the State Clearinghouse.
Incidental Takes of Marine Mammals During Specified Activities; Marine Geophysical Survey in Southeast Asia, March-July 2009
Document Number: E8-30365
Type: Notice
Date: 2008-12-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received an application from the Lamont-Doherty Earth Observatory (L-DEO), a part of Columbia University, for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to conducting a marine seismic survey in Southeast (SE) Asia during March-July 2009. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS requests comments on its proposal to authorize L-DEO to incidentally take, by Level B harassment only, small numbers of marine mammals during the aforementioned activity.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Conducting Air-to-Surface Gunnery Missions in the Gulf of Mexico
Document Number: E8-30359
Type: Notice
Date: 2008-12-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to conducting air-to-surface (A-S) gunnery missions in the Gulf of Mexico (GOM), a military readiness activity, has been issued to Eglin Air Force Base (Eglin AFB) for a period of 1 year.
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit (EFP)
Document Number: E8-30336
Type: Notice
Date: 2008-12-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) has made a preliminary determination that the subject EFP application submitted by Wallace and Associates contains all the required information and warrants further consideration. The proposed EFP would extend the previously authorized EFP for an additional year to continue testing the safety and efficacy of harvesting surfclams and ocean quahogs from the Atlantic surfclam and ocean quahog Georges Bank (GB) Closure Area using a harvesting protocol developed by state and Federal regulatory agencies and endorsed by the U.S. Food and Drug Administration (FDA). The Assistant Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic Surfclam and Ocean Quahog regulations and Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow one commercial fishing vessel to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP would allow for an exemption from the Atlantic surfclam and ocean quahog GB Closure Area. 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.
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