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

Notice is hereby given that a permit has been issued to the Georgia Department of Natural Resources, Wildlife Resources Division [Responsible Party: Dan Forster], to conduct research on North Atlantic right whales (Eubalaena glacialis).

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the U.S. Navy (Navy) to incidentally harass, by Level B harassment only, five species of marine mammals during pile driving activities conducted as part of a test pile program in the Hood Canal, Washington.

NMFS announces approval of a marine conservation plan for Pacific Insular Areas other than American Samoa, Guam, and the Northern Mariana Islands.

The National Marine Fisheries Service (NMFS) published a proposed rule in the Federal Register of June 21, 2011, concerning modifications to Vessel Monitoring System requirements in Atlantic HMS fisheries. The document contained an incorrect time for a public hearing in Atlantic City, New Jersey. This document corrects that error. All other information contained in the proposed rule has not been changed.

This proposed rule would require that Federal Atlantic swordfish, shark, and tunas dealers report commercially harvested Atlantic sharks, swordfish, and bigeye, albacore, yellowfin, and skipjack (BAYS) tunas to NMFS through an electronic reporting system. At this time, Atlantic Highly Migratory Species (HMS) dealers would not be required to report bluefin tuna through this electronic reporting system, as a separate reporting system is currently in place for this species. This rulemaking also proposes that a dealer would only be authorized to receive commercially harvested Atlantic sharks, swordfish, and BAYS tunas if the dealer's previous reports have been submitted by the dealer and received by NMFS in a timely manner. Any delinquent reports would need to be submitted by the dealer and received by NMFS before a dealer could receive commercially harvested Atlantic sharks, swordfish, and BAYS tunas from a Federally permitted U.S. vessel. Finally, this rulemaking proposes that all first receivers of commercially harvested Atlantic sharks, swordfish, and BAYS tunas by Federally permitted U.S. vessels must obtain a corresponding Federal Atlantic swordfish, shark, and/or tunas dealer permit. First receivers must report the associated catch to NMFS through the electronic reporting system. These measures are necessary to ensure timely and accurate reporting, which is critical for quota monitoring and management of these species.

NMFS issues this proposed rule to implement Amendment 13 to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). This proposed rule will implement parts of proposed Amendment 13 to the CPS FMP, which is intended to ensure the FMP is consistent with advisory guidelines published in Federal regulations. Amendment 13 revises the framework process currently in place to set and adjust fishery specifications and management measures and modifies this framework to include the specification new reference points such as annual catch limit (ACL).

The South Atlantic Fishery Management Council (SAFMC) will hold a meeting of its Scientific and Statistical Committee (SSC) to discuss the Acceptable Biological Catch (ABC) recommendation for Atlantic Migratory Group Spanish mackerel and assessment priorities for 2013. See SUPPLEMENTARY INFORMATION.

Notice is hereby given that NMFS Southeast Fisheries Science Center (SEFSC; Responsible Party: Bonnie Ponwith), has applied in due form for a permit to take green (Chelonia mydas), Kemp's ridley (Lepidochelys kempii), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys coriacea), olive ridley (Lepidochelys olivacea), and loggerhead (Caretta caretta) sea turtles for scientific research.

This final rule prohibits pelagic longline fishing within approximately 30 nautical miles (nm) of the islands of the Commonwealth of the Northern Mariana Islands (CNMI). By establishing a longline fishing prohibited area around the CNMI, NMFS intends to reduce the potential for nearshore localized fish depletion from longline fishing, and to limit catch competition and gear conflicts between the CNMI- based longline and trolling fleets. This rule also makes several administrative clarifications to the pelagic fishing regulations.

The Catch Share Panel of the Caribbean Fishery Management Council will hold a public meeting to discuss the issues contained in the enclosed agenda.

Notice is hereby given that a permit has been issued to Russell Fielding, Louisiana State University, Room 227, Baton Rouge, Louisiana 70803 to import samples from Risso's (Grampus griseus), spinner (Stenella longirostris), and spotted (S. frontalis) dolphins and short-finned pilot whales (Globicephala macrorhynchus) for the purpose of scientific research.

Notice is hereby given that Blank Park Zoo [Kevin V. Drees, Responsible Party], 7401 SW. Ninth, Des Moines, IA 50315, has applied in due form for a permit to import for public display up to five non- releasable California sea lions (Zalophus californianus) and harbor seals (Phoca vitulina).

NMFS has designated the state of New Jersey and the District of Columbia as exempted states for anglers, spear fishers and for-hire fishing vessels.

The Gulf of Mexico Fishery Management Council will convene a public meeting via webinar.

The Pacific Fishery Management Council's (Council's) Model Evaluation Workgroup (MEW) will hold a work session to review work products individual members have been developing prior to submission to the 2011 salmon methodology review process. The meeting is open to the public.

The Pacific Fishery Management Council (Pacific Council) will hold a meeting of its Groundfish Essential Fish Habitat Review Committee (EFHRC). The meeting is open to the public.

NMFS announces that the New England Fishery Management Council (Council) has submitted Amendment 3 to the Atlantic Deep-Sea Red Crab Fishery Management Plan (FMP) (Amendment 3), incorporating a draft Environmental Assessment (EA) and an Initial Regulatory Flexibility Analysis (IRFA), for review by the Secretary of Commerce. NMFS is requesting comments from the public on Amendment 3, which was developed by the Council to bring the FMP into compliance with the annual catch limit (ACL) and accountability measure (AM) requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).

The National Marine Fisheries Service (NMFS) proposes to require replacement of currently required Mobile Transmitting Unit (MTU) Vessel Monitoring System (VMS) units with Enhanced Mobile Transmitting Unit (E-MTU) VMS units in Atlantic HMS fisheries; implement a declaration system that requires vessels to declare target fishery and gear type(s) possessed on board; and require that a qualified marine electrician install all E-MTU VMS units. This proposed rulemaking would remove dated MTU VMS units from service in Atlantic HMS fisheries, make Atlantic HMS VMS requirements consistent with other VMS-monitored Atlantic fisheries, provide the National Marine Fisheries Service Office of Law Enforcement (NMFS Enforcement) with enhanced communication with HMS vessels at sea. This rule would affect all HMS pelagic longline (PLL), bottom longline (BLL), and shark gillnet fishermen who are currently required to have VMS onboard their vessels.

NMFS issues regulations to implement Amendment 37 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). This action amends the Bering Sea/Aleutian Islands Crab Rationalization Program by establishing a process for eligible contract signatories to request that NMFS exempt holders of West-designated individual fishing quota (IFQ) and individual processor quota (IPQ) in the Western Aleutian Islands golden king crab fishery from the West regional delivery requirements. Federal regulations require West- designated golden king crab IFQ to be delivered to a processor in the West region of the Aleutian Islands with an exact amount of unused West-designated IPQ. However, sufficient processing capacity may not be available each season. This rule is necessary to prevent disruption to the Western Aleutian Islands golden king crab fishery, while providing for the sustained participation of municipalities in the region. This action is intended to promote the goals and objectives of the Magnuson- Stevens Fishery Conservation and Management Act, the FMP, and other applicable law.

In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that NMFS has issued a one-year Letter of Authorization (LOA) to take marine mammals incidental to the explosive removal of offshore oil and gas structures (EROS) in the Gulf of Mexico.

NMFS has evaluated the joint resource management plan (RMP) for harvest of Puget Sound Chinook salmon provided by the Puget Sound Treaty Tribes and the Washington Department of Fish and Wildlife (WDFW) pursuant to the protective regulations promulgated for Puget Sound Chinook salmon under Limit 6 of the Endangered Species Act (ESA) for salmon and steelhead. The RMP specifies the future management of commercial, recreational, subsistence and Tribal salmon fisheries potentially affecting listed Puget Sound Chinook salmon from May 1, 2011, through April 30, 2014. This document serves to notify the public that NMFS, by delegated authority from the Secretary of Commerce, has determined pursuant to the Tribal rule and the government-to- government processes therein that implementing and enforcing the RMP from May 1, 2011, through April 30, 2014, will not appreciably reduce the likelihood of survival and recovery of the Puget Sound Chinook salmon Evolutionarily Significant Unit (ESU).

The SEDAR 25 assessments of the South Atlantic black sea bass and golden tilefish will consist of a series of workshops and webinars: this notice is for webinars associated with the Assessment portion of the SEDAR process. 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. (Foundation). If granted, the EFP would authorize the applicant, with certain conditions, to collect and retain limited numbers of specimens that would otherwise be prohibited from possession and retention. This study, to be conducted in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) and South Atlantic, is intended to characterize catch and bycatch within the shrimp fisheries of the Gulf and South Atlantic.

The New England Fishery Management Council (Council) is in the process of preparing a programmatic EIS for an Omnibus EFH Amendment to the fishery management plans (FMPs) for Northeast (NE) multispecies, Atlantic sea scallop, monkfish, Atlantic herring, NE skate complex, Atlantic salmon, and Atlantic deep-sea red crab. The Council will expand the scope of this action to include review of, and possible changes to, the NE multispecies closed areas. During this comment period, the Council is seeking comments on the possible revision of these management areas.

The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Wednesday, July 20, 2011, from 9:30 a.m. to 5:30 p.m. and Thursday, July 21, 2011, from 8:30 a.m. to 2:30 p.m. These times and the agenda topics described below are subject to change. Please refer to the Web page https:// www.sab.noaa.gov/Meetings/meetings.html for the most up-to-date meeting agenda. Place: On July 20, 2011 the meeting will be held at the Michigan League at the University of Michigan, 911 N. University Avenue, Ann Arbor, Michigan. On July 21, 2011 the meeting will be held at NOAA's Great Lakes Environmental Research Laboratory, 4840 S. State Street, Ann Arbor, Michigan. Please check the SAB Web site https://www.sab.noaa.gov for confirmation of the venue and for directions. Status: The meeting will be open to public participation with a 15 minute public comment period on July 20 at 5:15 p.m. (check Web site to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Individuals or groups planning to make a verbal presentation should contact the SAB Executive Director by July 15, 2011 to schedule their presentation. Written comments should be received in the SAB Executive Director's Office by July 15, 2011 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after July 15, 2011 will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seating at the meeting will be available on a first-come, first-served basis. Matters To Be Considered: The meeting will include the following topics: (1) Report from the Joint SAB Environmental Information Services and Climate Working Groups' Climate Partnership Task Force (2)Review of the SAB Working Groups' Comments on the Working Group Concept of Operations; (3)NOAA Response to the SAB Proposal for Re- alignment of Working Groups (4) Proposal for a Satellite Working Group of the SAB; (4) Results of the External Review of the NESDIS Center for Satellite Applications and Research (STAR) and the NOAA Response; (5) NOAA Response to the Office of Science and Technology Policy Memorandum on Scientific Integrity; (6) NOAA Science Challenge Workshops; (7) SAB Role in Optimizing NOAA's Research and Development Enterprise; (8) Presentations on NOAA programs and research in the Great Lakes; and (9) Updates from SAB Working Groups.