National Oceanic and Atmospheric Administration August 2009 – Federal Register Recent Federal Regulation Documents

NMFS issues this final rule to implement Amendment 29 to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico (FMP), as prepared and submitted by the Gulf of Mexico Fishery Management Council (Council). This final rule implements a multi- species individual fishing quota (IFQ) program for the grouper and tilefish component of the commercial sector of the reef fish fishery in the Gulf of Mexico (Gulf) exclusive economic zone. In addition, the final rule allows permit consolidation and dual classifications to the shallow-water grouper (SWG) and deep-water grouper (DWG) management units for speckled hind, warsaw grouper, and scamp, and modifies some provisions of the Gulf red snapper IFQ program for consistency with this final rule. NMFS also informs the public of the approval by the Office of Management and Budget (OMB) of the collection-of-information requirements contained in this final rule and publishes the OMB control numbers for those collections. This rule is intended to reduce effort in the grouper and tilefish component of the commercial Gulf reef fish fishery.

Notice is hereby given that NMFS issued a new Record of Decision (ROD) on August 10, 2009, for the Final Programmatic Environmental Impact Statement (PEIS) for Steller Sea Lion and Northern Fur Seal Research. Subsequently, 12 permits were issued to conduct research on Steller sea lions (Eumetopias jubatus) and northern fur seals (Callorhinus ursinus) throughout their ranges in the United States.

NMFS announces that the Commonwealth of Virginia is transferring commercial bluefish quota to the State of New York from its 2009 quota. By this action, NMFS adjusts the quotas and announces the revised commercial quota for New York and Virginia.

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 2009 total allowable catch (TAC) of pollock for Statistical Area 630 in the GOA.

Notice is hereby given that the University of California, Davis, Bodega Marine Laboratory and the Channel Islands National Park have applied in due form for permits to take endangered abalone species for purposes of scientific research and enhancement.

The North Pacific Fishery Management Council (Council) Observer Advisory Committee (OAC) will meet at the Alaska Fishery Science Center (AFSC), Traynor Conference Center.

The North Pacific Fishery Management Council's (Council) Non- Target Species Committee will meet in Seattle, WA.

The Mid-Atlantic Fishery Management Council's (MAFMC) Highly Migratory Species Committee and its Spiny Dogfish Committee will hold a public meeting.

The Pacific Council and its advisory entities will hold public meetings. September 11-17, 2009 Pacific Council meeting, which includes advisory body meetings during this time period as listed in this notice, as well as a September 8, 2009 Pacific Council Enforcement Consultants Telephone Conference.

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Lamont-Doherty Earth Observatory (L-DEO), a part of Columbia University, to take small numbers of marine mammals, by Level B harassment only, incidental to conducting a marine seismic survey in the northeast Pacific Ocean.

NOAA Fisheries announces three inseason actions in the ocean salmon fisheries. Inseason action 1 modified the commercial fishery in the area from Cape Falcon, Oregon to Humbug Mountain, Oregon, and from Humbug Mountain, Oregon to the Oregon/California Border. Inseason action 2 modified the recreational fishery in the area from Cape Falcon, Oregon to Humbug Mountain, Oregon. Inseason action 3 modified the commercial fishery in the area from U.S./Canada Border to Cape Falcon, Oregon.

NMFS is prohibiting directed fishing for Pacific cod by non- American Fisheries Act (AFA) crab vessels that are subject to sideboard limits catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 Pacific cod sideboard limit established for non-AFA crab vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the GOA.

NMFS proposes to specify establish a total allowable catch (TAC) for the 2009-10 fishing year of 254,050 lb (115,235 kg) of Deep 7 bottomfish in the main Hawaiian Islands (MHI). The TAC would be set in accordance with regulations established to support long-term sustainability of Hawaii bottomfish in the Hawaiian Archipelago.

We, NMFS, announce that the Upper Columbia River steelhead is reclassified as a threatened species consistent with a recent court ruling. We also correct the table of threatened fishes to indicate that the same species is listed as threatened under the Endangered Species Act of 1973 (ESA). This species was inadvertently dropped from the table during an unrelated rulemaking.

NMFS is implementing approved measures contained in Amendment 1 to the Tilefish Fishery Management Plan (FMP), developed by the Mid- Atlantic Fishery Management Council (Council). The approved measures

The New England Fishery Management Council (Council) is scheduling a joint public meeting of its Whiting Committee and Advisory Panel in September, 2009 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.

We are advising the public that a National Aquatic Animal Health Plan (NAAHP) for the United States is being made available for public review and comment. The NAAHP was developed by a Task Force led by the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department Agriculture, the Fish and Wildlife Service (FWS) of the U.S. Department of the Interior, and the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce. It is anticipated that this plan will provide a framework for how APHIS, FWS, and NMFS should develop programs for diseases that affect the health of aquatic animals such as finfish, crustaceans, and mollusks.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that NMFS has issued two one-year Letters of Authorization (LOAs) to take marine mammals by harassment incidental to the U.S. Navy's operation of Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) sonar operations to the Chief of Naval Operations, Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350 and persons operating under his authority.

The National Oceanic and Atmospheric Administration (NOAA) and Environmental Protection Agency (EPA) invite public comment on the agencies' intention to fully approve New Jersey's Coastal Nonpoint Source Pollution Control Program. Federal approval of such state programs is required under the Coastal Zone Act Reauthorization Amendments. Final approval would satisfy conditions that the agencies previously identified to the State to ensure conformity with required guidance specifying management measures to protect coastal waters from nonpoint source pollution.

Notice is hereby given that NMFS has issued Permit 14159 to NMFS Protected Resource Division (PRD) in Long Beach, CA.

NMFS announces the approval of a marine conservation plan (MCP) for American Samoa.

Notice is hereby given that NMFS has received an application for a scientific research permit from Dr. Jerry J. Smith (14516). This document serves to notify the public of the availability of the permit application for review and comment.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Survey Advisory Panel, in September, 2009, 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 28 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). These regulations amend the Bering Sea/Aleutian Islands Crab Rationalization Program to allow post-delivery transfers of all types of individual fishing quota and individual processing quota to cover overages. This action is necessary to improve flexibility of the fleet, reduce the number of violations for overages, reduce enforcement costs, and allow more complete harvest of crab allocations. 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.

NOAA is making a change to the certification standards for the transmitters that participate in the GOES Data Collection System (DCS). The primary purpose of this change is to enhance the flexibility of the system, to provide better messaging capabilities, additional system capacity, improve timing and frequency stability, and conform to the regulations for out-of-band emissions specified by the National Telecommunication and Information Administration (NTIA). The GOES DCS will operate under new certification procedures that will allow new data collection platforms to use a frequency channel with half the current bandwidth (.75 Hz), though existing platforms will continue to use frequency channels with 1.5 Hz bandwidth until suitable replacements are ascertained. The owners of the existing platforms are invited to upgrade their units as soon as possible. New data collection platforms will be assigned a narrow band channel in the restructured GOES DCS. These new certification standards may be reviewed on the NOAA Web site: https://noaasis.noaa.gov/DCS/docs/DCPR_CS2final.doc.