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

The Gulf of Mexico Fishery Management Council (GMFMC) has proposed to remove Nassau grouper from the fishery management unit in the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP). Subsequently, in a September 16, 2011, letter to NMFS, the GMFMC has requested that the Secretary of Commerce (Secretary) designate the SAFMC as the responsible council to manage Nassau grouper throughout the South Atlantic region and the Gulf of Mexico under the FMP for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP). The intent of this notice is to solicit public comments concerning this proposed designation.

This notice announces that OAR's draft Strategic Plan (FY12- 18) is available for public review and comment. The draft incorporates OAR's mission and vision, and characterizes its goals and objectives over the next six years. These goals and objectives will provide guidance and strategic direction for program and laboratory planning.

The New England Fishery Management Council's (Council) Groundfish Advisory Panel, Recreational Advisory Panel and Groundfish Oversight Committee will hold three meetings to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The Pacific Council and its advisory entities will hold public meetings.

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 closes the recreational sector for black sea bass in the portion of the exclusive economic zone (EEZ) of the South Atlantic through 35[deg]15.19' N. lat., the latitude of Cape Hatteras Light, North Carolina. NMFS has determined that the recreational annual catch limit (ACL) for black sea bass has been reached. This closure is necessary to protect the black sea bass resource.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Joint Whiting Oversight and Advisory Panel in November, 2011 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 New England Fishery Management Council's (Council) VMS/ Enforcement Committee and Advisory Panel will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

This notice sets forth the schedule and topics of an upcoming forum hosted by the NOAA National Climatic Data Center in Asheville, North Carolina on November 8-10, 2011. Invited participants will discuss topics as outlined below. Members of the public are invited to attend the forum, and are required to RSVP to Brooke.Stewart@noaa.gov by 5 p.m. EDT, Tuesday, October 25, 2011 if they wish to attend. The forum is to be held in a Federal facility; building security restrictions preclude attendance by members of the public who do not RSVP by the deadline. Space is also limited and public attendees will be admitted based on the order in which RSVPs are received. Members of the public will be invited to offer their comments during a 30-minute period to be held from 9:30 to 10 a.m. on Tuesday, November 8, 2011. Each individual or group making a verbal presentation will be limited to a total time of five minutes. Please indicate your intention to participate in the public comment period when submitting the RSVP. Time for public comments will be allotted based on the order in which RSVPs are received. Written comments may be submitted via email or in hardcopy and must be received by October 25, 2011. Please see addresses below.

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 Northeast Gateway[supreg] Energy BridgeTM L.P. (Northeast Gateway or NEG) to incidentally harass, by Level B harassment only, small numbers of marine mammals during operation of an offshore liquefied natural gas (LNG) facility in the Massachusetts Bay for a period of 1 year.

Based on the 2010/2011 Southeast Data, Assessment and Review (SEDAR) assessments for sandbar, dusky, and blacknose sharks, NMFS is declaring the following stock status determinations. Sandbar sharks are still overfished, but no longer experiencing overfishing. Dusky sharks are still overfished and still experiencing overfishing (i.e., their stock status has not changed). Blacknose sharks were assessed as two separate stocks for the first time in the 2010/2011 assessment (Atlantic and Gulf of Mexico); therefore, NMFS is making separate stock status determinations for the two blacknose shark stocks. The Atlantic stock is overfished and experiencing overfishing, and the status of the Gulf of Mexico stock is unknown. Scalloped hammerhead sharks were previously determined to be overfished and experiencing overfishing by NMFS in April 2011. As such, NMFS announces its intent to prepare an EIS under the National Environmental Policy Act (NEPA). This EIS would assess the potential effects on the human environment of action proposed through rulemaking to rebuild and end overfishing of these stocks, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Through the rulemaking process, NMFS would amend the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) and examine management alternatives available to rebuild these shark stocks and end overfishing, as necessary. To begin scoping for that rulemaking process, NMFS is requesting comments on a range of commercial and recreational management measures, in both directed and incidental fisheries, including, but not limited to, quota levels, regional and seasonal quotas, retention limits, gear modifications, and time/area closures.

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 U.S. Air Force (USAF), Eglin Air Force Base (Eglin AFB), to take marine mammals, by harassment, incidental to conducting air-to-surface (A-S) gunnery missions in the Gulf of Mexico (GOM). The USAF's activities are considered military readiness activities.

NMFS closes the northern Florida west coast subzone to the commercial harvest of king mackerel in or from the exclusive economic zone (EEZ). This closure is necessary to protect the Gulf king mackerel resource.

The Pacific Fishery Management Council (Pacific Council) Trawl Rationalization Regulatory Review Committee (TRREC) will convene a meeting that is open to the public.

The National Marine Fisheries Service (NMFS) announces approval of Amendment 13 to the Fishery Management Plan for the Scallop fishery off Alaska (FMP). Amendment 13 implements an annual catch limit (ACL) and accountability measures (AMs) to prevent overfishing in the target fishery for weathervane scallops. Implementing these measures requires revising the maximum sustainable yield (MSY) and the optimum yield (OY) for weathervane scallops to account for total catch. Amendment 13 also clarifies that, in the absence of a statewide estimate of spawning biomass for weathervane scallops, the overfishing level (OFL) is specified as the MSY. Under Amendment 13, scallop species not targeted in the fishery are classified as Ecosystem Component (EC) species. Amendment 13 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), the FMP, and other applicable laws. No changes in Federal regulations are implemented by this amendment.

The South Atlantic Fishery Management Council (Council) will hold a meeting of its Coral Advisory Panel (AP) in North Charleston, SC.

NMFS establishes regulations to implement a fishing capacity reduction (buyback) program and an industry fee system to repay a $23,476,500 loan for the Southeast Alaska Purse Seine Salmon Fishery (Reduction Fishery). The fee system involves future landings of the Reduction Fishery. This action's intent is to permanently reduce the most fishing capacity at the least cost and establish the fee system.

NMFS, in consultation with the Atlantic States Marine Fisheries Commission (Commission) and the New England and Mid-Atlantic Fishery Management Councils (Councils), is considering changes to the current system of regulations that limit the potential size of a replacement vessel. This advance notice of proposed rulemaking (ANPR) provides background information and requests public comment on the administrative and financial burdens of the current system, as well as on what type of changes would be appropriate to reduce that burden and the regulatory complexity without adversely affecting the fishery. NMFS will consider all recommendations received in response to this ANPR prior to any proposed rulemaking.

Notice is hereby given that NMFS has issued Permit 15824 to Santa Cruz County Environmental Health Services and Permit 16318 to Hagar Environmental Science.

NMFS implements accountability measures (AMs) for the recreational sector of golden tilefish in the South Atlantic for the 2011 fishing year through this temporary final rule. This rule reduces the length of the 2011 recreational fishing season for golden tilefish based on the 2010 recreational annual catch limit (ACL) overage, and as a result closes the recreational sector. This action is necessary to reduce overfishing of the South Atlantic golden tilefish resource.

NMFS is decreasing the Gulf of Maine and Georges Bank cod landing limit to 50 lb (22.7 kg) and 25 lb (11.3 kg) per trip for Northeast multispecies open access Handgear B permitted vessels fishing in the common pool fishery for the remainder of the 2011 fishing year (through April 30, 2012). 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 the Northeast Multispecies Fishery Management Plan.

The U.S. Forest Service and Bureau of Land Management (together, action agencies) in coordination with the USFWS and NMFS, have agreed to revoke the March 4, 2004, National Fire Plan Counterpart Regulation Alternative Consultation Agreements (ACAs).

NMFS announces that, effective 0001 hr, October 1, 2011, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of Atlantic herring (herring) in or from Management Area 1B (Area 1B) per calendar day until January 1, 2012, when the 2012 sub-ACL for Area 1B becomes available, except when transiting as described in this notice. This action is based on the determination that 95 percent of the Atlantic herring sub-ACL allocated to Area 1B for 2011 is projected to be harvested by October 1, 2011.

The National Oceanic and Atmospheric Administration's (NOAA's) Damage Assessment, Remediation, and Restoration Program (DARRP) is announcing new indirect cost rates on the recovery of indirect costs for its component organizations involved in natural resource damage assessment and restoration activities for fiscal years (FY) 2009 and 2010. The indirect cost rates for these fiscal years and dates of implementation are provided in this notice. More information on these rates and the DARRP policy can be found at the DARRP web site at www.darrp.noaa.gov.