National Oceanic and Atmospheric Administration February 19, 2010 – Federal Register Recent Federal Regulation Documents

This action corrects the effective date of final regulations published in the Federal Register on January 21, 2010, from February 22, 2010, to April 21, 2010. The rule establishes regulations needed to carry out the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention). The regulations include requirements related to permitting, vessel monitoring systems, vessel observers, vessel markings, reporting and recordkeeping, at-sea transshipment, and boarding and inspection on the high seas, among others. The rule will have the effect of requiring that all relevant U.S. fishing vessels are operated in conformance with the provisions of the Convention.

On January 5, 2010, NMFS proposed regulations to revise the critical habitat designation for the endangered leatherback sea turtle (Dermochelys coriacea) by designating additional areas within the Pacific Ocean. Specific areas proposed for designation include two adjacent marine areas totaling approximately 46,100 square miles (119,400 square km) stretching along the California coast from Point Arena to Point Vincente; and one 24,500 square mile (63,455 square km) marine area stretching from Cape Flattery, WA, to the Umpqua River (Winchester Bay), OR, east of a line approximating the 2,000 meter depth contour. The areas proposed for designation comprise approximately 70,600 square miles (182,854 square km) of marine habitat. NMFS is extending the comment period on the proposed regulations until April 23, 2010.

NMFS issues this final rule to amend the regulations

The Western Pacific Fishery Management Council (Council) will hold meetings of its American Samoa and Hawaii Archipelagic Fishery Ecosystem Plan (FEP) Plan Teams to discuss potential management measures for non-commercial fishing in the Rose Atoll Marine National Monument and Pacific Remote Islands Marine National Monument, respectively.

The Pacific Fishery Management Council (Council) and its advisory entities will hold public meetings.

The Western Pacific Fishery Management Council (Council) will hold a half day meeting of its Pelagics Plan Team (PPT) in Honolulu, HI to discuss fishery issues and develop recommendations for future management.

NMFS is prohibiting directed fishing for vessels in the Bering Sea and Aleutian Islands (BSAI) trawl limited access fisheries, except American Fisheries Act (AFA) vessels using pelagic trawl gear for walleye pollock, in the C. opilio bycatch limitation zone (COBLZ) of the BSAI management area. This action is necessary to prevent exceeding the 2010 COBLZ bycatch allowance of C. opilio specified for the BSAI trawl limited access fishery in the BSAI management area.

The National Oceanic and Atmospheric Administration (NOAA) is issuing a final rule to prohibit the use of spearfishing gear in Gray's Reef National Marine Sanctuary (GRNMS or sanctuary). Possession of spearfishing gear is also prohibited except for vessels passing through the sanctuary without interruption, and only when the gear is stowed and not available for immediate use. Spearfishing can selectively target larger fish, and can significantly reduce abundance and alter the relative size structure of target species toward smaller fish. In addition, spearfishing can impact ecosystem health by altering the composition of the overall natural communities of species. The largest fish are important as predators in maintaining a balanced and complete ecosystem; their selective removal may cause ecological imbalance. Therefore, the prohibition provides protection to the fishes and natural live-bottom community for which the sanctuary was designated. The final rule also facilitates enforcement of an existing prohibition against the use of powerheads within the sanctuary. An environmental assessment has been prepared for this proposed action.