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

The Pacific Fishery Management Council's (Pacific Council) Tule Chinook Workgroup (TCW) will hold a meeting to review initial work products and revise future work plans relative to developing an abundance-based harvest management approach for Columbia River natural tule Chinook. This meeting of the TCW is open to the public.

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the Exploratorium, allowing the take of small numbers of marine mammals, by Level B harassment only, incidental to pile driving associated with the Exploratorium's relocation project.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), is soliciting public comment on an EFP application submitted by Wallace & Associates on behalf of Truex Enterprises. The proposed EFP would extend a previously authorized EFP for an additional year to continue testing the safety and efficacy of harvesting surfclams and ocean quahogs from the Atlantic surfclam and ocean quahog Georges Bank (GB) Closure Area using a sampling protocol developed by State and Federal regulatory agencies and endorsed by the U.S. Food and Drug Administration (FDA). The Assistant Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic Surfclam and Ocean Quahog regulations and Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue the EFP. The subject EFP would allow one commercial fishing vessel to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP would allow for an exemption from the Atlantic surfclam and ocean quahog GB Closure Area. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Research Steering Committee (Committee), in November, 2010, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

The ONMS is extending the deadline and seeking applications for the following vacant seats on the Stellwagen Bank National Marine Sanctuary Advisory Council: Advisory Council: For member and alternate seats for Conservation; and alternates seats for Whalewatching, Education, At-Large and Mobile Gear Commercial Fishing. 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-to three-year terms, pursuant to the council's Charter.

NMFS reduces the commercial trip limit for king mackerel in the northern Florida west coast subzone to 500 lb (227 kg) of king mackerel per day in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the Gulf king mackerel resource.

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce is announcing a thirty day comment period for the revised management plans of the North Inlet-Winyah Bay, SC National Estuarine Research Reserve and the San Francisco Bay, CA National Estuarine Research Reserve. The revised management plan for the North Inlet-Winyah Bay, SC National Estuarine Research Reserve outlines the administrative structure; the education, training, stewardship, and research programs of the reserve; and the plans for future land acquisition and facility development to support reserve operations. The goals described in this plan are designed to provide a framework that supports program integration based on priority issues defined by the reserve. The objectives described in this plan are designed to address the most critical coastal issues in North Inlet-Winyah Bay such as impacts from coastal and watershed development, climate events on coastal ecosystems and human communities, and invasive species impacts on habitat loss and biodiversity. Since the last approved management plan in 1992, the reserve has become fully staffed; added a Coastal Training Program that delivers science-based information to key decision makers; and added significant monitoring of emergent marsh vegetation, invasive species, water quality, and bird populations. In addition to programmatic and staffing advances, the reserve upgraded its headquarters building with a 4500 square foot structure to support research, stewardship, and the coastal training programs that includes six offices, a monitoring lab, and library. In cooperation with the Belle W. Baruch Foundation, a 12,500 square foot education facility was developed to support reserve educational programs and includes interpretive exhibits, aquaria, classrooms, and education staff offices, as well as an outdoor classroom. This plan can be accessed for review at https:// www.northinlet.sc.edu. The revised management plan for the San Francisco Bay National Estuarine Research Reserve outlines a framework of overarching goals and program specific objectives that will guide the education, training, research, and developing stewardship programs of the reserve; describes land acquisition and boundary expansion; as well as outlines plans for facility use and development to support reserve operations. The goals and objectives put forth in this plan focus programmatic efforts on four critical issues that affect the reserve's ability to conserve ecological communities in support of the Bay's growing population: climate change, species interactions, water quality, and habitat restoration. Broadly, the goals for each of these issues include increasing knowledge, understanding effects, and improving the ability of partners and stakeholders to respond to these issues. The goals described in this plan are designed to provide a framework that supports program integration for collaborative management of the San Francisco Bay Reserve. Since the last approved management plan in 2003, the reserve has a full complement of core staff; established a research lab, fully operational System-wide Monitoring Program, and Graduate Research Fellowship Program; added a Coastal Training Program that delivers science-based information to key decision makers; developed education programs focused on sharing estuarine research with non-academic audiences; and constructed facilities to support essential functions of the reserve at its headquarters on the Romberg Tiburon Center campus of San Francisco State University. These facilities include office space for staff, classroom space, laboratory, and meeting facilities. The reserve has also constructed facilities and interpretive exhibits at its components sites, China Camp State Park and Rush Ranch Open Space Preserve, that support on-site research and educational programs. This plan can be accessed for review at https://www.sfbaynerr.org.

NMFS informs surfclam and ocean quahog individual transferable quota (ITQ) allocation holders that they will be required to purchase their fishing year 2011 cage tags from the National Band and Tag Company. The intent of this notice is to comply with regulations for the Atlantic surfclam and ocean quahog fisheries and to promote efficient distribution of cage tags.

We, NMFS, issue a final determination to list the southern distinct population segment (DPS) of the spotted seal (Phoca largha) as a threatened species under the Endangered Species Act (ESA). Because the southern DPS occurs outside the United States, no critical habitat is proposed for designation.

NMFS announces the availability of the Proposed Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (Plan) for public review and comment. The Plan describes the recovery strategies and actions needed to recover the Upper Willamette River Chinook (Oncorhynchus tschawytscha) Evolutionarily Significant Unit (ESU) and Upper Willamette River steelhead (Oncorhynchus mykiss) Distinct Population Segment (DPS) to viable levels and addresses the human and natural factors that originally led to the threatened listing of these species under the Endangered Species Act (ESA). NMFS is soliciting review and comment from the public and all interested parties on the proposed Plan.

The South Atlantic Fishery Management Council will hold a meeting of its Habitat and Environmental Protection (Habitat) Advisory Panel in North Charleston, SC.

The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has renewed the affirmative finding for the Government of El Salvador 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 El Salvadorian-flag purse seine vessels or purse seine vessels operating under El Salvadorian jurisdiction to be imported into the United States. The affirmative finding was based on review of documentary evidence submitted by the Government of El Salvador and obtained from the Inter-American Tropical Tuna Commission (IATTC) and the U.S. Department of State.

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Scripps Institution of Oceanography (SIO), a part of the University of California, to take small numbers of marine mammals, by harassment, incidental to conducting a marine geophysical survey in the eastern tropical Pacific Ocean (ETP), October through November, 2010.

This action addresses an oversight in a previous inseason action and decreases the landing limit for cod to 50 lb (22.7 kg) per trip for NE multispecies limited access Handgear A (HA) permitted vessels fishing in the common pool fishery for the remainder of the 2010 fishing year (FY) (through April 30, 2011). This action is authorized under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and is required by the regulations implementing Amendment 13, Amendment 16, and Framework Adjustment 44 (FW 44) to the NE Multispecies Fishery Management Plan (FMP).

NMFS is opening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) for 72 hours. This action is necessary to fully use the 2010 total allowable catch (TAC) of pollock specified for Statistical Area 630 of the GOA.

NMFS is opening directed fishing for Atka mackerel in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI) for vessels participating in the BSAI trawl limited access fishery. This action is necessary to fully use the 2010 total allowable catch (TAC) of Atka mackerel in these areas specified for vessels participating in the BSAI trawl limited access fishery.

Notice is hereby given that Randall S. Wells, PhD (Principal Investigator), Sarasota Dolphin Research Program, c/o Mote Marine Laboratory, 1600 Ken Thompson Parkway, Sarasota, FL 34236, has applied in due form for a permit to conduct research on bottlenose dolphins (Tursiops truncatus).

NMFS closes the commercial sector for greater amberjack in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). NMFS has determined that the commercial greater amberjack quota will have been reached by October 28, 2010. This closure is necessary to prevent overfishing of Gulf greater amberjack.

In November 2010, we (NMFS) will hold a total of four public hearingsone in each of the following locations: Portland, ME; Stony Brook, NY; Wilmington, DE; and Newport News, VA. These hearings are to receive comments and answer questions on the proposal to list the Gulf of Maine (GOM) Atlantic sturgeon distinct population segment (DPS) as threatened and the New York Bight (NYB) and Chesapeake Bay (CB) DPSs as endangered under the Endangered Species Act (ESA) of 1973, as amended.

NMFS issues this proposed temporary rule that would implement interim measures to reduce overfishing of gag in the Gulf of Mexico (Gulf). This proposed rule would reduce the commercial quota for gag and, thus, the combined commercial quota for shallow-water grouper species (SWG), prohibit recreational harvest of gag, and suspend red grouper multi-use allocation in the Gulf grouper and tilefish individual fishing quota (IFQ) program, as requested by the Gulf of Mexico Fishery Management Council (Council). The intended effect of this proposed rule is to reduce overfishing of the gag resource in the Gulf.

On June 28, 2010, NMFS published in the Federal Register the final rule to implement Framework Adjustment 21 (Framework 21) to the Atlantic Sea Scallop Fishery Management Plan (Scallop FMP), which established management measures for the 2010 scallop fishing year (FY). Following publication, NMFS identified errors, omissions, and possible need for clarification of some provisions. In addition to certain technical and wording clarifications, the Framework 21 final rule inadvertently did not incorporate a proposed regulatory provision pertaining to how scallop access area trip overages incurred during the interim period between the March 1, 2010, start of the fishing year (FY) and the implementation of Framework 21 FY 2010 management measures would be applied to FY 2011. This provision was described in the proposed rule and NMFS subsequently responded to specific comments on this provision and provided greater detail of this measure in the preamble of the final rule. However, the regulatory text was inadvertently excluded. In addition, the Framework 21 final rule inadvertently deleted regulations pertaining to limited access general category (LAGC) possession and landing limits promulgated in the final rule implementing Amendment 11 to the Scallop FMP that published in the Federal Register on April 24, 2008. This correcting amendment corrects these errors.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Committee in November 2010 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

The SEDAR 22 assessments of the Gulf of Mexico stocks of yellowedge grouper and tilefish will consist of a series of workshops and webinars: A Data Workshop, a series of Assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

This document provides notice of vessel monitoring systems (VMS) approved by NOAA for use by vessels participating in the Western and Central Pacific Fishery, and sets forth relevant features of the VMS.

The NOAA Integrated Ocean Observing System (IOOS) Program publishes this notice on behalf of the Interagency Ocean Observation Committee (IOOC) to announce a 60-day public comment period for the proposed certification design process mandated by the Integrated Coastal and Ocean Observation System Act of 2009 (ICOOS Act). The IOOC will use the proposed process to develop certification standards for non-federal assets, including regional information coordination entities, to establish eligibility for integration into the Integrated Ocean Observing System (System).