National Oceanic and Atmospheric Administration January 2011 – Federal Register Recent Federal Regulation Documents

NMFS announces that it is establishing a new control date to control future access to the king and Spanish mackerel components of the coastal migratory pelagics fishery operating in the exclusive economic zone (EEZ) of the South Atlantic. If changes to the management regime are developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), a control date could be used to further limit the number of participants in the fishery. This announcement is intended, in part, to promote awareness of the potential eligibility criteria for future access so as to discourage speculative entry into the fishery while the South Atlantic Fishery Management Council (Council) and NMFS consider whether and how access to the fishery should be controlled.

Due to inclement weather, NMFS cancelled the Protected Species Safe Handling, Release, and Identification workshop that was originally scheduled for January 13, 2011, in Manahawkin, NJ. This workshop was announced on December 1, 2010. NMFS has rescheduled the workshop for February 10, 2011, to be held at the same time (of day) and location: 9 a.m. to 5 p.m., Holiday Inn, 151 Route 72 East, Manahawkin, NJ 08050.

Notice is hereby given that Dan Salden, Ph.D., Hawaii Whale Research Foundation, 52 Cheshire Drive, Maryville, IL 62062, has applied in due form for a permit to conduct research on humpback whales (Megaptera novaeangliae).

The Pacific Fishery Management Council (Pacific Council) will convene a meeting of the Ecosystem Advisory Subpanel (EAS), which is open to the public.

The Caribbean Fishery Management Council (Council) and NMFS intend to prepare a DEIS to describe and analyze management alternatives to be included in an amendment to the Fishery Management Plan (FMP) for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands (Amendment 6), an amendment to the FMP for Corals and Reef Associated Plants and Invertebrates of Puerto Rico and the U.S. Virgin Islands (Amendment 3), an amendment to the FMP for the Spiny Lobster Fishery of Puerto Rico and the U.S. Virgin Islands (Amendment 5), and an amendment to the FMP for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands (Amendment 3). These alternatives will consider measures to revise management reference points and status determination criteria, implement annual catch limits (ACLs) and accountability measures (AMs) to prevent overfishing in both the commercial and recreational sectors, revise management of aquarium trade species, establish recreational bag limits, establish exclusive economic zone sub-boundaries for purposes of applying accountability measures, and establish frameworks to adjust management measures as needed to constrain harvest to specified ACLs. The purpose of this notice of intent is to solicit public comments on the scope of issues to be addressed in the DEIS.

Notice is hereby given that the Waikiki Aquarium, 2777 Kalakaua Avenue, Honolulu, HI 96815 (Dr. Andrew Rossiter, Responsible Party), has applied in due form for a permit to conduct research on and enhancement of captive Hawaiian monk seals.

The ONMS is seeking applications for the following vacant positions on the Florida Keys National Marine Sanctuary Advisory Council: Boating Industry (alternate), Citizen at LargeMiddle Keys (alternate), and Citizen at LargeUpper Keys (alternate). 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 3-year terms, pursuant to the council's Charter.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notice is hereby given that NMFS has issued a letter of authorization (LOA) to the U.S. Navy (Navy) to take marine mammals incidental to Navy training, maintenance, and research, development, testing, and evaluation (RDT&E) activities to be conducted within the Atlantic Fleet Active Sonar Training (AFAST) Study Area for the period of January 22, 2011, through January 21, 2012. NMFS also provides notice that the Integrated Comprehensive Management Program (ICMP) Plan, which is intended for use as a planning tool to focus Navy monitoring priorities pursuant to the MMPA and Endangered Species Act (ESA), has been updated for 2010. NMFS encourages the public to review this document and provide comments, information, and suggestions on the ICMP Plan.

NMFS is prohibiting directed fishing for Pacific cod by non- American Fisheries Act (AFA) crab vessels that are subject to sideboard limits harvesting Pacific cod for processing by the offshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2011 Pacific cod sideboard limit established for non-AFA crab vessels harvesting Pacific cod for processing by the offshore component in the Central Regulatory Area of the GOA.

The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has issued a 5-year affirmative finding for the Government of Guatemala 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 Guatemalan-flag purse seine vessels or purse seine vessels operating under Guatemalan jurisdiction to be imported into the United States. The affirmative finding was based on review of documentary evidence submitted by the Government of Guatemala and obtained from the Inter-American Tropical Tuna Commission (IATTC) and the U.S. Department of State.

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 has received an application from the U.S. Navy (Navy) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to pile driving activities as part of a test pile program. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to the Navy to take, by Level B Harassment only, five species of marine mammals during the specified activity.

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 is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2011 total allowable catch (TAC) of pollock for Statistical Area 610 in the GOA.

NMFS is prohibiting directed fishing for Pacific cod by pot catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season allowance of the 2011 Pacific cod total allowable catch (TAC) specified for pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI.

Notice is hereby given that Jennifer Burns, Ph.D., University of Alaska Anchorage, Biology Department, 3101 Science Circle, Anchorage, AK, has applied in due form for a permit to receive, import, and export marine mammal parts for scientific research.

The South Atlantic Fishery Management Council (SAFMC) will hold a meeting of its Scientific and Statistical Committee's (SSC) Social and Economic Subpanel to review the Gulf of Mexico Red Grouper Evaluation, review draft Regulatory Amendment 9 to the Snapper Grouper Fishery Management Plan for the South Atlantic addressing commercial trip limits, discuss snapper grouper and golden crab draft catch share amendments, discuss the development of annual advisory panel reports, and discuss methodologies for predicting future catch levels for use in amendment analyses. The meeting will be held in North Charleston, SC. See SUPPLEMENTARY INFORMATION.

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.

This proposed rule would implement measures to address overfishing of Caribbean queen conch in the U.S. Caribbean. If promulgated, this rule would extend the queen conch seasonal closure from 3 months to 5 months, and prohibit fishing for and possession of queen conch in or from the Caribbean exclusive economic zone (EEZ) east of 64[deg]34' W. longitude, which includes Lang Bank east of St. Croix, U.S. Virgin Islands (USVI), when harvest and possession of queen conch is prohibited in St. Croix territorial waters as a result of a territorial quota closure. The intended effects of this proposed rule are to prevent additional fishing pressure on queen conch in the U.S. Caribbean, and to improve enforcement of regulations affecting the queen conch resource by improving compatibility among Federal and territorial regulations.

Notice is hereby given that The Burke Museum of Natural History and Culture (Julie Stein, Responsible Party), University of Washington, Box 353010, 17th Ave NE. at NE. 45th Street, Seattle, WA 98195, has applied in due form for a permit to import, export, receive, possess, analyze, and archive marine mammal parts for scientific research.

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.

The South Atlantic Fishery Management Council's Scientific and Statistical Committee will hold a meeting of its SSC to discuss the findings of its Socio-Economic sub-panel. See SUPPLEMENTARY INFORMATION.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notice is hereby given that NMFS has issued a Letter of Authorization (LOA) to the U.S. Navy (Navy) to take marine mammals incidental to training and research activities conducted within the Hawaii Range Complex (HRC) for the period of January 15, 2011, through January 14, 2012. NMFS also provides notice that the Integrated Comprehensive Management Program (ICMP) Plan, which is intended for use as a planning tool to focus Navy monitoring priorities pursuant to the MMPA and Endangered Species Act (ESA), has been updated for 2010. NMFS encourages the public to review this document and provide comments, information, and suggestions on the ICMP Plan.

NMFS announces a workshop which will focus potential areas of improvement in scientific information needed to support Annual Catch Limits (ACL) and Accountability Measures (AM). The meeting will be held on February 15-17, 2011, at the Crowne Plaza, Silver Spring, MD. Meeting topics are provided under the SUPPLEMENTARY INFORMATION section of this notice.

NMFS is prohibiting directed fishing for sculpins, sharks, squid, and octopus in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2011 total allowable catch (TAC) of sculpins, sharks, squid, and octopus in the GOA.