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

NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Dr. Louis Daniel, on behalf of the North Carolina Division of Marine Fisheries. If granted, the EFP would authorize a maximum of 12 commercial fishing vessels to harvest and land South Atlantic snapper- grouper species that are either currently prohibited to be harvested in general by the South Atlantic Snapper-Grouper Fishery Management Plan (FMP) (speckled hind and warsaw grouper) or are prohibited to be harvested beyond a depth of 240 ft (73.2 m) (blueline tilefish, misty grouper, queen snapper, silk snapper, snowy grouper, and yellowedge grouper). Authorized vessels would be eligible to harvest these species in the exclusive economic zone (EEZ) off North Carolina, specifically, the waters north of Cape Hatteras to the North Carolina/Virginia border. The purpose of this EFP would be to provide basic life history information for any fish harvested, particularly blueline tilefish. An additional purpose of the EFP would be to determine the distribution of speckled hind and warsaw grouper in the study area to determine if these species are bycatch in the commercial blueline tilefish component of the South Atlantic snapper-grouper fishery.

The Joint Mid-Atlantic Fishery Management Council's and the Atlantic States Marine Fisheries Commission's Summer Flounder, Scup, Black Sea Bass, and Bluefish Industry Advisory Panels will hold public meetings.

The Gulf of Mexico Fishery Management Council will convene a meeting of the Outreach and Education Advisory Panel.

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 announces its intention to prepare an SEIS in accordance with the National Environmental Policy Act of 1969, the Council on Environmental Quality Regulations, and NOAA Administrative Order 216-6 Environmental Review Procedures for Implementing the National Environmental Policy Act. This SEIS is being prepared to reflect substantial changes in the proposed action that are relevant to environmental concerns. The proposed changes to be analyzed in the SEIS are related to the replacement of the facilities and were not previously analyzed in the Final EIS/Environmental Impact Report (EIR) dated April 2009. The University of California San Diego may also prepare an Addendum to the Final EIS/EIR in accordance with the California Environmental Quality Act (CEQA).

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to Neptune LNG LLC (Neptune) to take marine mammals, by harassment, incidental to port commissioning and operations, including maintenance and repair activities, at the Neptune Deepwater Port (the Port) in Massachusetts Bay.

NMFS announces its intent to prepare an Environmental Assessment (EA) for Amendment 4 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) instead an Environmental Impact Statement (EIS) as previously announced through publication of a Notice of Intent published on May 27, 2008. NMFS intends to prepare the EA under the National Environmental Policy Act (NEPA) to assess the potential effects on the human environment of proposed alternatives and actions under Amendment 4 to the 2006 Consolidated HMS FMP. The EA will analyze potential environmental impacts of various alternatives to permitting and reporting requirements for commercial HMS fisheries in U.S. waters of the Caribbean as well as examine management alternatives to improve catch reporting and data collection in Puerto Rico and the U.S. Virgin Islands consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Atlantic Tunas Convention Act (ATCA), and other relevant Federal laws.

The New England Fishery Management Council (Council) Research Steering Committee (Committee) will hold a webinar.

NMFS is prohibiting directed fishing for Pacific sardine off the coasts of Washington, Oregon and California. This action is necessary because the directed harvest allocation total for the second seasonal period (July 1-September 14) is projected to be reached by the effective date of this rule. From the effective date of this rule until September 15, 2011, Pacific sardine may be harvested only as part of the live bait fishery or incidental to other fisheries; the incidental harvest of Pacific sardine is limited to 30-percent by weight of all fish per trip. Fishing vessels must be at shore and in the process of offloading at 12:01 a.m. Pacific Daylight Time, July 12, 2011.

We, NMFS, issue a final determination to list the largetooth sawfish (Pristis perotteti) as endangered under the Endangered Species Act (ESA) of 1973, as amended. We do not intend to propose to designate critical habitat for the species. We have reviewed the status of the species and conservation efforts being made to protect the species, considered public and peer review comments, and we have made our determination that the largetooth sawfish is in danger of extinction throughout its range, and should be listed as an endangered species, based on the best available scientific and commercial data.

NMFS is prohibiting directed fishing for northern rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2011 total allowable catch (TAC) of northern rockfish in the Western Regulatory Area of the GOA.

The Pacific Fishery Management Council (Pacific Council) Cost Recovery Committee (CRC) will convene a meeting that is open to the public via conference call and the internet using ``Microsoft Live Meeting'' to share documents.

NMFS announces that it has disapproved proposed Amendment 3 to the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific (FEP) that would have prohibited purse seine fishing within 75 nm of shore around American Samoa. Therefore, NMFS withdraws the proposed rule for Amendment 3.

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

Notice is hereby given that Sea World, LLC, 9205 South Park Center Loop, Suite 400, Orlando, FL 32819 [Brad Andrews, Responsible Party] has been issued a minor amendment to public display Permit No. 15014.

NMFS issues this rule to revise recordkeeping and reporting regulations and make other miscellaneous revisions. The revisions include adding a requirement that the Registered Crab Receiver record in eLandings the region in which the stationary floating processor is located at time of crab delivery; standardizing reporting time limits for recording discard, disposition, product, and other required information in the daily fishing logbook, daily cumulative production logbook, eLandings, or the electronic logbook so that the information corresponds with fishing and processing operations; incorporating miscellaneous edits and corrections to regulatory text and tables, including standardizing the use of the terms ``recording,'' ``submitting,'' ``landings,'' and ``landing;'' and reinstating regulations that were inadvertently removed in a previous final rule about locations where NMFS will conduct scale inspections. This action promotes the goals and objectives of the fishery management plans, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable laws.

The ONMS is seeking applications for the following vacant positions on the Florida Keys National Marine Sanctuary Advisory Council: Boating Industry (alternate), Citizen at LargeLower Keys (member), Citizen at LargeLower Keys (alternate), Conservation and Environment [1 of 2] (member), Conservation and Environment [1 of 2] (alternate), DivingLower Keys (member), DivingLower Keys (alternate), FishingCommercialMarine/Tropical (member), Fishing CommercialMarine/Tropical (alternate), FishingCharter Fishing F1ats Guide (member), FishingCharter Fishing Flats Guide (alternate), South Florida Ecosystem Restoration (member), and South Florida Ecosystem Restoration (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.

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 has approved the ACE Basin, SC National Estuarine Research Reserve and Old Woman Creek, OH National Estuarine Research Reserve Management Plan Revisions. The revised management plan for the ACE Basin, 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 objectives described in this plan address the most critical coastal issues in ACE Basin related to habitat conservation, water quality, community resilience, and public access. 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, water quality, and invasive species. In addition to programmatic and staffing advances, the reserve has constructed an interpretive center that houses educational exhibits, classrooms, offices, conference space, trails and dock with public access. A field station with lab facilities, research dock, and accommodations for visiting researchers has also been constructed. This management plan amends the boundary to include 4,687 acres of the Botany Bay Plantation located adjacent to the northeastern corner of Edisto Island in lower Charleston County, SC. South Carolina Budget and Control Board is the property owner and has a cooperative partnership with South Carolina Department of Natural Resources to manage the Botany Bay Plantation as a Wildlife Management Area and Heritage Preserve property. The undeveloped coastal habitats of the plantation include maritime forest, coastal shrub, wetlands, tidal marshes and sand beaches. The property provides important habitat for numerous wildlife species, including critical nesting habitat for the Federally threatened loggerhead sea turtle and the state threatened least tern. The lands contain significant cultural resources and list several sites on the National Register of Historic Places. This management plan amends the boundary by also removing 40,089 acres of private lands previously counted in error. In total, the ACE Basin Reserve includes 99,308 acres designated for long term research, education and stewardship. The revised management plan is available at: https://www.dnr.sc.gov/marine/NERR/. The revised management plan for the Old Woman Creek, OH National Estuarine Research Reserve contains the collective vision, mission, goals, and objectives of the reserve; updates the reserve boundary; as well as outlines plans for facility use and development to support reserve operations. The objectives described in this plan address the most critical coastal issues of the reserve related to water quality (non-point source pollution), invasive species, habitat loss and regional ecosystem impacts of climate change. Since the last approved management plan in 2000, the reserve has all core staff; added a Coastal Training Program that delivers science-based information to key decision makers; and developed partnerships to continue to restore and protect land and waters in the Old Woman Creek watershed. In addition to programmatic and staffing advances, the reserve has completed construction of a new dormitory, boathouse, and administrative spaces. This management plan includes a boundary expansion of 2.2 acres. This land was incorporated with the state nature preserve in 2004 and is subject to all protection afforded by Ohio laws governing state nature preserves. The additional parcel is adjacent to the reserve's southwestern boundary and consists of early successional habitat (e.g., various Cornus sp.) and will become an area dominated by mixed hardwoods. Incorporating these lands increases the size of the reserve to 573 acres. The revised management plan is available at: https:// www.oldwomancreek.org.

NMFS is requesting public comment on certain amendments under

NMFS is opening directed fishing for northern rockfish in the

NMFS is prohibiting directed fishing for Pacific ocean perch,

NMFS is prohibiting directed fishing for Pacific ocean perch

NMFS is prohibiting directed fishing for northern rockfish,

The Gulf of Mexico Fishery Management Council will convene a

NMFS proposes regulations to implement Amendment 3 to the Atlantic Deep-Sea Red Crab Fishery Management Plan (Red Crab FMP). The New England Fishery Management Council (Council) developed Amendment 3 to bring the Red Crab 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). Although recommended by the Council as part of Amendment 3, this proposed rule announces NMFS' intention to disapprove a proposed measure to modify the existing trap restrictions and a proposed measure to remove the prohibition on landing more than one standard tote of female red crabs.