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

NMFS proposes to revise the turtle excluder device (TED) requirements to allow the use of new materials and modifications to existing approved TED designs. Specifically, proposed allowable modifications include the use of flat bar, rectangular pipe, and oval pipe as construction materials in currently-approved TED grids; an increase in maximum mesh size on escape flaps from 1\5/8\ to 2 inches (4.1 to 5.1 cm); the inclusion of the Boone Big Boy TED for use in the shrimp fishery; the use of three large TED and Boone Wedge Cut escape openings; and the use of the Chauvin shrimp deflector to improve shrimp retention. NMFS also proposes to allow a new TED for use in the summer flounder fishery. Additionally, there are proposed corrections to the TED regulations to rectify an oversight regarding the maximum size chain that can be used on the Parker TED escape opening flap, and the proposed addition of a brace bar as an allowable modification to hard TEDs.

On November 20, 2008, the National Oceanic and Atmospheric Administration (NOAA) published a final rule in the Federal Register for the Gulf of the Farallones, Monterey Bay and Cordell Bank national marine sanctuaries (referred to jointly as the joint management plan review or JMPR). Some sets of coordinates in that final rule contained technical errors or omissions that need to be corrected for the zones to be properly mapped. Other minor corrections are also included in this rule.

Free Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops will be held in October, November, and December of 2010. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and who have also been issued shark or swordfish limited access permits. Additional free workshops will be held in 2011.

In this rule, NMFS specifies a total allowable catch (TAC) of 254,050 lb (115,235 kg) of Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2010-11 fishing year. The expected impact of the TAC is long-term sustainability of Hawaii bottomfish.

This notice sets forth the cancellation of a forthcoming meeting of the Sea Grant Advisory Board.

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.