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

NMFS announces the reduction of the skate wing fishery possession limit for the Skate Management Unit for the remainder of the 2010 fishing year. Regulations governing the skate fishery require publication of this notification to advise skate-permitted vessels that 80 percent of the annual total allowable landings (TAL) of skate wings is projected to be harvested and to announce that the skate wing possession limit is reduced.

Notice is hereby given that Joseph Hightower, Ph.D., North Carolina Cooperative Fish and Wildlife Research Unit, North Carolina State University, Raleigh, NC 27695, has been issued a permit to take shortnose sturgeon (Acipenser brevirostrum) for scientific research.

NMFS proposes specific measures for the implementation of Amendments 20 and 21 to the Pacific Coast Groundfish Fishery Management Plan (FMP). Amendment 20 would establish a trawl rationalization program for the Pacific Coast groundfish fishery, which would consist of: An individual fishing quota (IFQ) program for the shorebased trawl fleet (including whiting and non-whiting); and cooperative (coop) programs for the at-sea (whiting only) mothership (MS) and catcher/ processor (C/P) trawl fleets. The trawl rationalization program is intended to increase net economic benefits, create individual economic stability, provide full utilization of the trawl sector allocation, consider environmental impacts, and achieve individual accountability of catch and bycatch. Amendment 21 would establish fixed allocations for limited entry (LE) trawl participants. These allocations are intended to improve management under the rationalization program by streamlining its administration, providing stability to the fishery,

We (NMFS) received a petition to list Georgia Basin populations of China rockfish (Sebastes nebulosus) and tiger rockfish (S. nigrocinctus) as endangered or threatened species under the Endangered Species Act (ESA). We determine that the petition does not present substantial evidence to indicate that the petitioned action may be warranted.

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 2010 total allowable catch (TAC) of pollock for Statistical Area 630 in the GOA.

The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has granted a request for an affirmative finding to the Government of Spain under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow yellowfin tuna harvested in the eastern tropical Pacific Ocean (ETP) in compliance with the International Dolphin Conservation Program (IDCP) by Spanish flag purse seine vessels or purse seine vessels operating under Spanish jurisdiction to be imported into the United States. The affirmative finding was based on review of documentary evidence submitted by the Government of Spain and obtained from the Inter-American Tropical Tuna Commission (IATTC) and the U.S. Department of State.

NMFS announces that the spiny dogfish commercial quota available to the coastal states from Maine through Florida for the first semi-annual quota period, May 1, 2010 October 31, 2010, has been harvested. Therefore, effective 0001 hours, August 27, 2010, federally permitted spiny dogfish vessels may not fish for, possess, transfer, or land spiny dogfish until November 1, 2010, when the Period 2 quota becomes available. Regulations governing the spiny dogfish fishery require publication of this notification to advise the coastal states from Maine through Florida that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing spiny dogfish in these states. This action is necessary to prevent the fishery from exceeding its Period 1 quota and to allow for effective management of this stock.

NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2010 total allowable catch (TAC) of Pacific cod specified for catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot gear specified for the BSAI.

The SEDAR 21 assessments of the HMS stocks of sandbar, dusky, and blacknose sharks will consist of a series of workshops and webinars: a Data Workshop, a series of Assessment webinars, and a Review Workshop (see SUPPLEMENTARY INFORMATION).

NMFS published a proposed rule on May 5, 2010, amending the Fisheries Finance Program's programmatic regulations. The proposed rule was published with an incorrect Regulatory Identification Number (RIN)

This action corrects the SUPPLEMENTARY INFORMATION section to a notice published in the Federal Register on August 19, 2010, which didn't contain all of the necessary information for the agenda for a Pacific Council meeting, leaving attendees misinformed. This correction adds a sentence to further clarify the meeting agenda.

The SEDAR 23 assessment of the Gulf of Mexico and South Atlantic stock of goliath grouper will consist of a series of workshops and webinars: a Data Workshop, an assessment workshop, an Assessment webinar, and a Review Workshop (SUPPLEMENTARY INFORMATION).

NMFS proposes regulations to modify the Individual Fishing Quota (IFQ) Program for the Fixed-Gear Commercial Fisheries for Pacific Halibut and Sablefish in waters in and off Alaska (IFQ Program) by revoking quota share (QS) that have been inactive since they were originally issued in 1995. Inactive QS are those held by persons that have never harvested their IFQ and have never transferred QS or IFQ into or out of their accounts.

NMFS announces that the directed fishery for butterfish in the Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, August 24, 2010. Vessels issued a Federal permit to harvest butterfish may not retain or land more than 250 lb (0.11-mt) of butterfish per trip for the remainder of the year (through December 31, 2010). This action is necessary to prevent the fishery from exceeding its domestic annual harvest (DAH) of 485 mt, and to allow for effective management of this stock.

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.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that NMFS has issued three 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 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.

NOAA Fisheries announces four inseason actions in the ocean salmon fisheries. Inseason actions 5, 6, and 7 modified the commercial fishery in the area from U.S./Canada Border to Cape Falcon, Oregon. Inseason action 8 modified the recreational fishery in the area from U.S./Canada Border to Cape Falcon, Oregon.

NMFS is reallocating the projected unused amount of the 2010 rock sole total allowable catch (TAC) specified for the Bering Sea and Aleutian Islands incidental catch allowance ICA to the Amendment 80 cooperative in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2010 total allowable catch of rock sole to be fully harvested.

The SEDAR Update Assessment of the South Atlantic stock of black sea bass will consist of a conference call and four webinars. This is an Update of the second SEDAR stock assessment, completed in 2003. This is notice of the conference call component of the SEDAR 2 Update. See SUPPLEMENTARY INFORMATION.

NMFS announces the receipt of an application for an exempted fishing permit (EFP) from the Gulf and South Atlantic Fisheries Foundation, Inc. If granted, the EFP will authorize the applicants, with certain conditions, to collect limited numbers of fish and invertebrates where possession and retention is restricted or prohibited by regulations in South Atlantic Federal waters. This study is intended to characterize catch and discard mortality within the South Atlantic commercial hook-and-line snapper-grouper fishery.

NMFS has taken emergency action through a series of emergency rules to prohibit all fishing and harvesting of marine resources in areas of the United States exclusive economic zone (EEZ) that are impacted by the Deepwater Horizon MC252 oil spill. The most recent of these emergency rules, which became effective on May 11, 2010, and continues to remain in effect, allows NMFS to make more timely revisions to the area closed to all fishing. The rule established a protocol for reopening closed areas and a procedure to inform the public of the specific coordinates of the Federal closed area related to the Deepwater Horizon MC252 oil spill (fishery closed area) via a broad range of information transfer tools. NMFS is publishing this temporary rule to provide additional notice to the regulated public by designating the current boundary coordinates for the area closed to all fishing and the area reopened to finfish harvest only in the Gulf of Mexico (Gulf), thereby increasing seafood safety and public safety. Future changes to the closed area will continue to be made using the procedure established by the emergency rule effective May 11, 2010.

NMFS is extending the emergency action, implemented on February 18, 2010, to exempt individual fishing quota (IFQ) and individual processing quota (IPQ) issued for the Western Aleutian Islands golden king crab fishery from the West regional designation. Under the Bering Sea/Aleutian Islands Crab Rationalization Program, Federal regulations require that golden king crab harvested with IFQ with a West regional designation be delivered to a processor with West designated IPQ in the West region of the Aleutian Islands. An emergency exists because, due to a recent unforeseen event, no crab processing facility is open in the West region. This emergency rule extension is necessary to ensure that the exemption remains in effect to prevent disruption to the Aleutian Islands golden king crab fishery by allowing fishermen to deliver crab harvested with West designated IFQ to processors outside the West region and allow processors with West designated IPQ to process that crab outside the West region for the 2010/2011 fishing season. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs, and other applicable law.

Notice is hereby given that the University of Florida, Aquatic Animal Program, College of Veterinary Medicine, Gainesville, FL 32610 (Ruth Francis-Floyd, Responsible Party) has been issued a permit to receive, import and export marine mammal parts under NMFS jurisdiction for scientific research.

This document contains a correction to final regulations that were published on June 1, 2010. This change ensures that the process is preserved for adjusting annual shark quotas based on over- and underharvests. This correction makes a change to amendatory instructions in the final rule to accurately reflect NMFS' intention to effect a conforming amendment to 50 CFR part 635.