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

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 requested a modification to scientific research Permit No. 10022.

NMFS is reopening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA). This action is necessary to fully use the C season allowance of the 2009 total allowable catch (TAC) of pollock specified for Statistical Area 630 of the GOA.

The Western Pacific Fishery Management Council (Council) will hold its 102nd Scientific and Statistical Committee (SSC) and 146th Council meetings to take recommendations and action on fishery management issues in the Western Pacific Region.

Notice is hereby given that Jane Provancha, NASA, Ecological Program, Kennedy Space Center, FL, 32899, has applied in due form for a permit to take green (Chelonia mydas), loggerhead (Caretta caretta), and Kemp's ridley (Lepidochelys kempii) sea turtles for purposes of scientific research.

NMFS proposes a regulation to implement the annual harvest guideline (HG) for Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the Pacific coast. This HG is proposed according to the regulations implementing the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) and establishes allowable harvest levels for Pacific mackerel off the Pacific coast. The proposed total HG for the 2009-2010 fishing year is 10,000 metric tons (mt) and is proposed to be divided into a directed fishery HG of 8,000 mt and an incidental fishery of 2,000 mt.

Notice is hereby given that the Alaska Department of Fish and Game, Division of Wildlife Conservation, 1255 West 8th Street, Juneau, AK 99802 (Principal Investigator: Robert Small, Ph.D.), has applied for an amendment to Scientific Research Permit No. 358-1787-01.

The New England Fishery Management Council (NEFMC) will hold a Catch Share Workshop for Council members, staff, its Advisory Panel Chairmen, the Science and Statistical Committee Chairman and Mid- Atlantic Council members. The intent of this meeting is to share information and concerns about the use of catch shares in NEFMC managed fisheries; help decision makers learn from successes, failures and challenges in other regions and place catch shares in context with what has already been approved in New England with an eye toward future direction and action.

Notice is hereby given that the Whale Center of New England (WCNE), [Mason Weinrich, Principal Investigator], P.O. Box 159, Gloucester, MA 01930, has been issued an amendment to scientific research Permit No. 605-1904.

NMFS reopens for 6 days the comment period on the proposed rule to modify the requirements of the Gulf of Maine/Georges Bank (GOM/ GB) Herring Midwater Trawl Gear Letter of Authorization (LOA) for midwater trawl vessels issued All Areas and/or Areas 2 and 3 Atlantic herring limited access permits fishing in Northeast (NE) multispecies Closed Area I (CA I).

The Gulf of Mexico Fishery Management Council (Council) will convene its Law Enforcement Advisory Panel (LEAP).

NMFS specifies a total allowable catch (TAC) of 254,050 lb (115,235 kg) of Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2009-10 fishing year.

NMFS is reallocating projected unused amounts of Pacific cod from catcher vessels using trawl gear, catcher vessels using pot gear, and vessels using jig gear to American Fisheries Act (AFA) catcher processors, the Amendment 80 cooperative, catcher processors using pot gear, and catcher processors using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). These actions are necessary to allow the 2009 total allowable catch (TAC) of Pacific cod to be harvested.

Notice is hereby given that NMFS has received three 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 applications may be viewed online at: https:/ /apps.nmfs.noaa.gov/preview/previewopenforcomment.cfm.

In accordance with 5 U.S.C. 4314(c)(4), NOAA announces the appointment of three new members to serve with the current membership on the NOAA Performance Review Board (PRB). The NOAA PRB is responsible for reviewing performance appraisals and ratings of Senior Executive Service and Senior Professional members and making written recommendations to the appointing authority on retention and compensation matters, including performance-based pay adjustments, awarding of bonuses and reviewing recommendations for potential Presidential Rank Award nominees. The appointment of members to the NOAA PRB will be for a period of 12 months.

Notice is hereby given that the NMFS National Marine Mammal Laboratory, (Responsible Party: Dr. John Bengtson, Director), Seattle, WA, has submitted a revised application for a permit to conduct research on marine mammals.

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

Notice is hereby given that Whitlow Au, PhD, University of Hawaii, Hawaii Institute of Marine Biology, Marine Mammal Research Program, PO Box 1106, Kailua, Hawaii 96734, has withdrawn an application to amend Scientific Research Permit No. 1000-1617-04.

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Naval Base Ventura County (NBVC) Point Mugu to take marine mammals, by harassment, incidental to boom deployment exercises at Point Mugu, California.

The charter for NOAA's Hydrographic Services Review Panel, a Federal Advisory Panel, has been renewed. The charter is available for review on the following Web site: https://www.nauticalcharts.noaa.gov/ ocs/hsrp/charter.htm.

The ONMS is seeking applicants for the following seats on The Stellwagen Bank National Marine Sanctuary Advisory Council (Council): Member and Alternate three-year terms for (1) Research; (1) Conservation; (1) Education; (1) Marine Transportation; (1) Recreational Fishing; (1) Mobile Gear Commercial Fishing; (1) At-Large, and (1) At-Large (Member only). Additionally seeking applications for two-year term (1) Education (Member) and (1) Conservation (Alternate) seats. 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 two and three year terms, pursuant to the Council's Charter. The Council consists also of three state and three Federal non voting ex-officio seats.

Notice is hereby given that Colleen Reichmuth, Ph.D., University of California at Santa Cruz, Long Marine Laboratory, 100 Shaffer Road, Santa Cruz, CA, has applied in due form for a permit to conduct research on captive pinnipeds.

NOAA and NSF publish this notice to amend the Federal Funding Opportunity (NOAA-NMFS-FHQ-2009-2001734) entitled ``Comparative Analysis of Marine Ecosystem Organization (CAMEO)'' which was originally announced in the Federal Register on July 7, 2009. This notice announces changes to the program priorities.

This action modifies the gear requirements for the U.S./Canada Management Area to prohibit all limited access Northeast (NE) multispecies vessels fishing on a NE multispecies day-at-sea (DAS) with trawl gear in the Eastern U.S./Canada Area from using flounder trawl nets. This action is authorized by the regulations implementing Amendment 13 to the NE Multispecies Fishery Management Plan (FMP), and is intended to decrease the likelihood of exceeding the total allowable catch (TAC) for Eastern Georges Bank (GB) cod and GB yellowtail flounder during the 2009 fishing year (FY). This action is being taken to optimize the harvest of transboundary stocks of GB yellowtail flounder, haddock, and cod under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

The National Marine Fisheries Service (NMFS) currently requires the use of chain-mat modified dredge gear in the Atlantic sea scallop fishery south of 41[deg] 9.0' North latitude from May 1 through November 30 each year. This gear is necessary to help reduce mortality and injury to endangered and threatened sea turtles captured in this fishery and to conserve sea turtles listed under the Endangered Species Act. NMFS issues this final rule to make minor modifications to these chain-mat requirements. This final rule clarifies where on the dredge the chain mat must be hung, excludes the sweep from the requirement that the side of each opening in the chain mat be less than or equal to 14 inches (35.5 cm); and adds definitions of the sweep and the diamonds, which are terms used to describe parts of the scallop dredge gear. Any incidental take of threatened sea turtles in Atlantic sea scallop dredge gear in compliance with the gear modification requirements and all other applicable requirements will be exempted from the ESA prohibition against takes.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) has made a preliminary determination that the subject programmatic Exempted Fishing Permit (EFP) application for the Study Fleet Program contains all of the required information and warrants further consideration. Study Fleet projects are managed by the University of Massachusetts Dartmouth School of Marine Science and Technology (SMAST). The programmatic EFP would grant exemptions from minimum fish sizes, and possession and landing limits. 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 issue a programmatic EFP that would allow seven vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States.