National Oceanic and Atmospheric Administration 2010 – Federal Register Recent Federal Regulation Documents

NMFS hereby extends the comment period on the proposed listing of five distinct population segments (DPSs) of Atlantic sturgeon as endangered or threatened until February 3, 2011. The five DPSs were proposed for listing in two separate proposed listing determinations, published on October 6, 2010.

NMFS announces that the State of North Carolina is transferring a portion of its 2010 commercial summer flounder quota to the Commonwealth of Virginia. In addition, the State of Maine is transferring a portion of its 2010 commercial summer flounder quota to the State of Rhode Island. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

NMFS issues this rule to implement an interim reduction to the 2010 harvest level for sablefish, issue revised quota pounds for individual fishing quota (IFQ) species, revise the calculation for the Pacific halibut trawl bycatch mortality limit for the trawl rationalization program; and adjust the trawl Rockfish Conservation Areas (RCAs) and landing allowances for non-IFQ species and Pacific whiting for the start of the 2011 groundfish fishery.

Notice is hereby given that National Marine Fisheries Service, National Marine Mammal Laboratory (NMML), Alaska Fisheries Science Center (Dr. John Bengtson, Responsible Party), 7600 Sand Point Way, NE., Seattle, Washington 98115-6349, has applied in due form for a permit to conduct research on narwhals, Monodon monoceros.

We, the National Marine Fisheries Service (NMFS), announce the availability of a draft technical framework for ranking recovery potential of populations of Puget Sound Chinook salmon and watersheds supporting them. The draft framework relies on the best available scientific information regarding the status and structure of Puget Sound Chinook salmon populations and their habitat. It builds on the work of the Puget Sound technical recovery team, which provided the technical foundation of the Puget Sound Chinook recovery plan (NMFS 2006). The technical recovery team identified the population structure of Puget Sound Chinook and recommended biological recovery criteria (Ruckelshaus et al. 2002; 2006). It did not advise, however, on the relative roles of the various populations in achieving recovery and no such roles were identified in the recovery plan completed for the species. In contrast, technical teams that developed recovery criteria for other species of salmon in the Northwest did recommend roles for individual populations in recovery. Following adoption of the Puget Sound Chinook salmon recovery plan, we convened an internal technical team to analyze the role each population should play in recovery. The draft technical framework described in this notice represents the internal technical team's recommendations. This notice also describes potential management implications of the framework.

The Gulf of Mexico Fishery Management Council will convene a meeting of the Standing, Special Spiny Lobster and Special Reef Fish Scientific and Statistical Committees.

In accordance with the Marine Mammal Protection Act (MMPA), NMFS hereby issues a permit for a period of three years to authorize the incidental, but not intentional, taking of individuals from six marine mammal stocks listed under the Endangered Species Act (ESA) by participants in several groundfish fisheries in the Bering Sea and the Gulf of Alaska. This authorization is based on determinations that mortality and serious injury of endangered stocks of Central North Pacific (CNP) humpback whales, Western North Pacific (WNP) stock of humpback whales, Northeast Pacific (NEP) stock of fin whales, North Pacific stock of sperm whales, and Western U.S. stock of Steller sea lions; and on the threatened Eastern U.S. stock of Steller sea lions incidental to commercial fishing will have a negligible impact on these stocks, that recovery plans have been developed or are being prepared, that a monitoring program is established, and that vessels in the fisheries are registered. Take Reduction Plans (TRPs) are not required for the NEP stock of fin whales or the Eastern U.S. stock of Steller sea lions because mortality and serious injury of these stocks incidental to commercial fishing operations are at insignificant levels approaching a zero mortality and serious injury rate; TRPs for other species will be deferred as sufficient funding is not available at this time.

The National Marine Fisheries Service (NMFS) announces the adoption of an Endangered Species Act (ESA) Recovery Plan for the Sperm whale (Physeter macrocephalus). The Recovery Plan contains revisions and additions in consideration of public comments received on the proposed draft Recovery Plan for the sperm whale.

NMFS issues final specifications for the 2011 summer flounder, scup, and black sea bass fisheries. This final rule specifies allowed harvest limits for both commercial and recreational fisheries, including commercial scup possession limits. This action prohibits Federally permitted commercial fishing vessels from landing summer flounder in Delaware in 2011 due to continued quota repayment from previous years' overages. The actions of this final rule are necessary to comply with regulations implementing the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP), as well as to ensure compliance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). The intent of this action is to establish harvest levels and other management measures to ensure that these species are not overfished or subject to overfishing in 2011. In addition, this action implements measures to ensure continued rebuilding of the summer flounder stock, which remains under a Magnuson-Stevens Act rebuilding program.

The Western Pacific Fishery Management Council (Council) will hold meetings of its Marianas Archipelago Plan Team (PT), Guam Regional Ecosystem Advisory Committee (Guam REAC), Mariana Archipelago Advisory Panel (AP) and Commonwealth of the Northern Mariana Islands Regional Ecosystem Advisory Committee (CNMI REAC).

NMFS received a petition to conduct a status review under the Marine Mammal Protection Act (MMPA) for the purpose of designating the Eastern North Pacific stock of gray whales (Eschrichtius robustus) as depleted. NMFS finds that the petition does not present substantial information indicating that a status review may be warranted.

This Notice advises of the public of the establishment of the National Climate Assessment Development and Advisory Committee (NCADAC) and of an upcoming meeting of the NCADAC. Date and Time: The NCADAC will meet on February 3-4, 2011 from 9 a.m. to 6 p.m.

The ONMS is seeking applications for the following vacant seats on the Channel Islands National Marine Sanctuary Advisory Council: Commercial Fishing member and alternate, Non-consumptive recreation member and alternate, Conservation member and alternate, Research member and alternate, Public at large members (2), and Business member. 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-year terms, pursuant to the council's charter.

NOAA and the Department of the Interior (DOI) invited federal, state, commonwealth, and territorial marine protected area (MPA) programs with potentially eligible existing MPAs to nominate their sites to the National System of MPAs (national system). The national system and the nomination process are described in the Framework for the National System of Marine Protected Areas of the United States (Framework), developed in response to Executive Order 13158 on Marine Protected Areas. The final Framework was published on November 19, 2008, (73 FR 69608) and provides guidance for collaborative efforts among federal, state, commonwealth, territorial, tribal and local governments and stakeholders to develop an effective and well coordinated national system of MPAs that includes existing MPAs meeting national system criteria as well as new sites that may be established by managing agencies to fill key conservation gaps in important ocean areas.

NMFS has received an application, pursuant to the Marine Mammal Protection Act (MMPA), from the Alaska Aerospace Corporation (AAC) for authorization to take small numbers of marine mammals incidental to launching space launch vehicles, long-range ballistic target missiles, and other smaller missile systems at the Kodiak Launch Complex (KLC) for the period of February 2011 through February 2016. Pursuant to the MMPA, NMFS is requesting comments on its proposal to issue regulations and subsequent Letters of Authorization (LOAs) to AAC to incidentally harass Steller sea lions (Eumetopias jubatus) and harbor seals (Phoca vitulina) during the specified activity.

The South Atlantic Fishery Management Council (Council) will hold a series of public hearings regarding Regulatory Amendment 9 to the Snapper Grouper Fishery Management Plan (FMP) for the South Atlantic Region, a Comprehensive Annual Catch Limit (ACL) Amendment, and its Comprehensive Ecosystem-Based Amendment 2. The Council will also conduct scoping meetings regarding Amendments 21, 22, and 24 to the Snapper Grouper FMP and Amendment 5 to the Golden Crab Fishery Management Plan for the South Atlantic Region. See SUPPLEMENTARY INFORMATION.

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

Notice is hereby given that the Alaska SeaLife Center, Seward, AK, has applied for an amendment to Scientific Research Permit No. 14335.

The Gulf of Mexico Fishery Management Council will convene a meeting of the Vessel Monitoring System (VMS) Advisory Panel.

The Gulf of Mexico Fishery Management Council will convene a public meeting of the Outreach and Education Advisory Panel (AP).

In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that two 1-year letters of authorization (LOA) have been issued to the U.S Navy (Navy) for the incidental take of marine mammals during: Navy activities within the NWTRC, off the coasts of Washington, Oregon, and northern California, for the period of October 2010 through October 2011, and; Navy activities conducted in the Mariana Islands Range Complex (MIRC) study area for the period of July 2010 through July 2011. These activities are considered military readiness activities pursuant to the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act of 2004 (NDAA).

This document contains a correction to the temporary rule that delays the effective date of the area closure for snapper-grouper specified in Amendment 17A to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP) that was published in the Federal Register December 9, 2010.

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 publishes Fraser River salmon inseason orders to regulate salmon fisheries in U.S. waters. The orders were issued by the Fraser River Panel (Panel) of the Pacific Salmon Commission (Commission) and subsequently approved and issued by NMFS during the 2010 salmon fisheries within the U.S. Fraser River Panel Area. These orders established fishing dates, times, and areas for the gear types of U.S. treaty Indian and all citizen fisheries during the period the Panel exercised jurisdiction over these fisheries.

Notice is hereby given that Tom Savoy, Connecticut Department of Environmental Protection, Marine Fisheries Division, P.O. Box 719, Old Lyme, CT 06371, has applied in due form for a permit to take shortnose sturgeon for purposes of scientific research.