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

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.

NMFS, in consultation with the North Pacific Fishery Management Council, announces its intent to prepare either an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) on measures to minimize non-Chinook salmon bycatch in the Bering Sea, in accordance with the National Environmental Policy Act of 1969. The proposed action would replace the current Chum Salmon Savings Area in the Bering Sea, and the specific exemption to the area closure, with new regulatory closures, salmon bycatch limits, or a combination of both. The scope of the EA or EIS will be to determine the impacts to the human environment resulting from the measures to minimize non- Chinook salmon bycatch. NMFS will accept written comments from the public to determine the issues of concern and the appropriate range of alternatives for analysis.

The New England Fishery Management Council's (Council) Herring Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The Mid-Atlantic Fishery Management Council's (MAFMC) Scientific and Statistical Committee (SSC) will hold a public meeting.

The South Atlantic Fishery Management Council (Council) will hold a series of public hearings regarding its Fishery Ecosystem Plan (FEP) and Comprehensive Ecosystem-Based Amendment 1. The Council will also conduct scoping meetings regarding a Comprehensive Annual Catch Limit (ACL) Amendment, Amendment 18 to the Snapper Grouper Fishery Management Plan (FMP) for the South Atlantic, and a Comprehensive Ecosystem-Based Amendment 2. See SUPPLEMENTARY INFORMATION.

NMFS proposes regulations implementing Amendment 90 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 78 to the Fishery Management Plan for Groundfish of the Gulf of Alaska. This proposed regulation would amend the Bering Sea and Aleutian Islands Amendment 80 Program and the Central Gulf of Alaska Rockfish Program to allow post-delivery transfers of cooperative quota to cover overages. This action is necessary to mitigate potential overages, reduce enforcement costs, and provide for more precise total allowable catch management. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plans, and other applicable law.

We, NMFS, announce a 90-day finding for a petition to list Atlantic wolffish (Anarhichas lupus) as endangered or threatened under the Endangered Species Act (ESA). We find that the petition presents substantial scientific information indicating the petitioned action may be warranted. We will conduct a status review of Atlantic wolffish to determine if the petitioned action is warranted. To ensure that the review is comprehensive, we solicit information pertaining to this species from any interested party.

Notice is hereby given that NMFS has issued Permit 1075 Modification 1 to the Eel River Salmon Restoration Project (ERSRP) in Miranda, California.

This notice advises the public that NOAA, FWS, the State of Hawai`i's Department of Land and Natural Resources (DLNR), and the Office of Hawai`ian Affairs have completed a Monument Management Plan (MMP) for the Papahaanaumokuaakea Marine National Monument (Monument) located in the Northwestern Hawai`ian Islands (NWHI). The Monument's resources, and current and future management activities, are described in the MMP and associated environmental assessment (EA). The NOAA and FWS developed separate findings of no significant impact (FONSIs) to address each agency's MMP/EA findings. Both FONSIs are available with the MMP/EA.

NMFS announces that it is considering, and is seeking public comment on a proposed rulemaking that would limit or restrict future access to the American lobster (Homarus americanus) trap fishery in the Federal waters of Lobster Management Area 1 (Area 1), the inshore Gulf of Maine, based upon a permit holder's ability to document a history of fishing with lobster traps in Area 1 prior to the date of this notice . This notice should discourage American lobster non-trap vessels from entering the lobster trap fishery, and discourage American lobster trap vessels fishing in other lobster management areas from entering the Area 1 lobster trap fishery, based upon economic speculation while NMFS, in consultation with the Atlantic States Marine Fisheries Commission (Commission), considers whether and how access and effort should be controlled. This document, therefore, gives the public two- fold notification: first, that interested participants should locate and preserve records that substantiate and verify their past participation in the American lobster trap fishery in Federal waters; and second, that new participants to the Area 1 lobster trap fishery may be restricted from fishing in Area 1 with traps in the future depending upon the limited access criteria developed if, in fact, NMFS proceeds forward in this rulemaking.

NOAA publishes this notice to supplement the agency's solicitation for applications published on July 11, 2008 in an action entitled ``Omnibus Notice Announcing the Availability of Grant Funds for Fiscal Year 2009''. This notice announces 13 additional programs that are soliciting applications for FY 2009 funding.