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

NMFS hereby amends a proposed rule published on December 1, 2011, to implement the Comprehensive Annual Catch Limit Amendment (Comprehensive ACL Amendment) to the Fishery Management Plans (FMPs) for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper- Grouper FMP), the Golden Crab Fishery of the South Atlantic Region, the Dolphin and Wahoo Fishery off the Atlantic States, and the Pelagic Sargassum Habitat of the South Atlantic Region as prepared and submitted by the South Atlantic Fishery Management Council (Council). In November 2011, the Council's Scientific and Statistical Committee (SSC) met and determined the allowable biological catch (ABC) for wreckfish should be reduced to prevent overfishing from occurring. The proposed rule that was published on December 1, 2011 contained a variety of actions unrelated to the wreckfish ABC and those actions did not need to be delayed by further Council decisions with respect to the revised wreckfish ABC. During its December 5-9, 2011 meeting, the Council concurred with the SSC's determination for a revised wreckfish ABC and to develop an amended proposed rule for the Comprehensive ACL Amendment to notify the public of this change to the wreckfish ABC. Based on the new recommended ABC, this rule proposes to reduce the commercial and recreational annual catch limits (ACLs) for wreckfish. The intent of this rule is to specify sector ACLs for wreckfish while maintaining a catch level consistent with achieving optimum yield for the resource.

NMFS issues this final rule to implement Amendment 6 to the Fishery Management Plan (FMP) for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands (Reef Fish FMP), Amendment 5 to the FMP for the Spiny Lobster Fishery of Puerto Rico and the U.S. Virgin Islands (Spiny Lobster FMP), Amendment 3 to the FMP for the Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands (Queen Conch FMP), and Amendment 3 to the FMP for Corals and Reef Associated Plants and Invertebrates of Puerto Rico and the U.S. Virgin Islands (Corals and Reef Associated Plants and Invertebrates FMP). In combination, the amendments represent the 2011 Caribbean ACL Amendment prepared by the Caribbean Fishery Management Council (Council). This final rule will: Establish annual catch limits (ACLs) and accountability measures (AMs) for reef fish, spiny lobster, and aquarium trade species which are not determined to be undergoing overfishing; allocate ACLs among island management areas; establish recreational bag limits for reef fish and spiny lobster; remove eight conch species from the Queen Conch FMP; and establish framework procedures for the Spiny Lobster and Corals and Reef Associated Plants and Invertebrates FMPs. The 2011 Caribbean ACL Amendment will also revise management reference points and status determination criteria for selected reef fish, spiny lobster, and aquarium trade species. The intended effect of the rule is to prevent overfishing of reef fish, spiny lobster, and aquarium trade species while maintaining catch levels consistent with achieving optimum yield (OY).

NMFS is implementing interim catch levels and management measures, called specifications, for the 2012 summer flounder, scup, and black sea bass fisheries, and is also providing notice of projects likely to request research set-aside related to exempted fishing permits. Interim specifications are necessary to ensure that fishing quotas for the summer flounder, scup, and black sea bass fisheries are in place at the start of the fishing year on January 1, 2012, to ensure the three species are not overfished or subject to overfishing in 2012. Notice of exempted fishing permit requests is necessary to allow public comment on the fishing regulation exemptions requested by research set- aside participants.

NMFS issues this final rule to implement the Comprehensive Ecosystem-Based Amendment 2 (CE-BA 2) to implement the following South Atlantic fishery management plan (FMP) amendments: Amendment 1 to the FMP for Pelagic Sargassum Habitat of the South Atlantic Region (Sargassum FMP); Amendment 7 to the FMP for Coral, Coral reefs, and Live/Hard Bottom Habitats of the South Atlantic Region (Coral FMP); and Amendment 25 to the FMP for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council); as well as Amendment 21 to the FMP for Coastal Migratory Pelagic (CMP) Resources (CMP FMP) as prepared and submitted by the South Atlantic and Gulf of Mexico Fishery Management Councils. This rule modifies the fishery management unit (FMU) for octocorals in the South Atlantic exclusive economic zone (EEZ), establishes an annual catch limit (ACL) for octocorals, modifies management in special management zones (SMZs) off South Carolina, and modifies sea turtle and smalltooth sawfish release gear specifications in the South Atlantic region. CE-BA 2 also designates new Essential Fish Habitat (EFH) for Sargassum, and EFH- Habitat Areas of Particular Concern (EFH-HAPCs) for the Snapper- Grouper, Coral FMPs. This rule specifies ACLs for species not undergoing overfishing (octocorals), implements management measures to ensure overfishing does not occur for these species but optimum yield may be achieved, and conserves and protects habitat in the South Atlantic region.

This document contains one correction to the final rule pertaining to Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod Allocations in the Gulf of Alaska published on December 1, 2011. This correction is intended to clarify a regulatory prohibition.

Notice is hereby given that a permit has been issued to Thomas A. Jefferson, Ph.D., Clymene Enterprises, 5495 Camino Playa Malaga, San Diego, CA 92124 to conduct research on nine cetacean species off the California coast.

NMFS is adjusting the 2012 total allowable catch (TAC) amount for the Bering Sea pollock fishery. This action is necessary because NMFS has determined this TAC is incorrectly specified. This action will ensure the Bering Sea pollock TAC is the appropriate amount based on the best available scientific information for pollock in the Bering Sea subarea. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.

NMFS announces that the State of Maine is transferring portions of their 2011 commercial summer flounder quota to the State of Rhode Island. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

NMFS issues a final rule under authority of the Magnuson- Stevens Fishery Conservation and Management Act (MSA) to implement Amendment 16 to the Pacific Coast Salmon Fishery Management Plan for Commercial and Recreational Salmon Fisheries off the Coasts of Washington, Oregon, and California (Salmon FMP). NMFS approved Amendment 16 on December 16, 2011. This final rule implements components of Amendment 16 that bring the Salmon FMP into compliance with the MSA as amended in 2007, and the corresponding revised National Standard 1 Guidelines (NS1Gs) to end and prevent overfishing. Amendment 16 identifies stocks that are in the fishery, establishes status determination criteria (SDC), and specifies overfishing limits (OFLs), acceptable biological catch (ABC), and annual catch limits (ACLs). Amendment 16 also includes ``de minimis'' fishing provisions that allow for low levels of fishing impacts on stocks that are at low levels of abundance.

NMFS issues this final rule to implement Amendment 18 to the Fishery Management Plan for the Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region (FMP), as prepared and submitted by the Gulf of Mexico (Gulf) and South Atlantic Fishery Management Councils (Councils). This rule removes species from the FMP; modifies the framework procedures; establishes two migratory groups for cobia; and establishes annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs) for king mackerel, Spanish mackerel, and cobia. In addition, Amendment 18 sets allocations for Atlantic migratory group cobia and establishes control rules for king mackerel, Spanish mackerel, and cobia. The intent of this rule is to specify ACLs for species not undergoing overfishing while maintaining sustainable catch levels.

The New England Fishery Management Council's (Council) Groundfish Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The SEDAR assessments of the South Atlantic and Gulf of Mexico stocks of Spanish mackerel and cobia will consist of a series of workshops and webinars: a Data Workshop and webinar, an Assessment Workshop and webinars, and a Review Workshop. The data and assessment webinars will be announced in a separate notice. This is the twenty- eighth SEDAR.

NMFS proposes 2012 and 2013 harvest specifications, apportionments, and prohibited species catch (PSC) allowances for the groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to establish harvest limits for groundfish during the 2012 and 2013 fishing years, and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.

Notice is hereby given that the following applicants have applied in due form for modifications to their scientific research permits: the National Ocean Service Marine Forensic Lab (NOS Lab) [Responsible Party: Julie Carter], 219 Fort Johnson Road, Charleston, SC 29412 (Permit No. 13599-01), and the NOAA Fisheries Northeast Region, Protected Resources Division [Responsible Party: Mary Colligan], 1 Blackburn Drive, Gloucester, MA 01930 (Permit No. 1614- 01).

The Gulf of Mexico Fishery Management Council will convene a meeting of the Red Snapper Advisory Panel (AP).

NMFS proposes regulations to implement measures in Amendment 17 to the Northeast Multispecies Fishery Management Plan. This action would amend the Northeast Multispecies Fishery Management Plan to explicitly define and facilitate the effective operation of state- operated permit banks. As proposed in Amendment 17, state-operated permit banks would be allocated an annual catch entitlement and specifically authorized to provide their annual catch entitlement and/ or days-at-sea to approved groundfish sectors for the purpose of enhancing the fishing opportunities available to sector members. This action also includes a provision that would allow NMFS to issue a days- at-sea credit to a vessel that cancels a fishing trip prior to setting or hauling fishing gear and the vessel, therefore, does not catch or land fish at any time on the trip.

This action proposes to reduce the 2012 annual catch limits (ACLs) for the Atlantic herring (herring) fishery to account for catch overages in 2010 and to prevent overfishing.

Notice is hereby given that the NMFS Pacific Islands Fisheries Science Center (PIFSC), 2570 Dole Street, Honolulu, Hawaii 96822 (Responsible Party: Frank A. Parrish, Ph.D.), has applied in due form for a permit to conduct research on cetaceans.

We, NMFS, announce a 90-day finding for a petition to list the barndoor skate (Dipturus laevis), winter skate (Leucoraja ocellata) and smooth skate (Malacoraja senta) under the Endangered Species Act (ESA). We find that the petition does not present substantial scientific information indicating the petitioned actions may be warranted. Accordingly, we will not initiate a review of the status of these species at this time.

The Pacific Fishery Management Council (Pacific Council) has begun its annual preseason management process for the 2012 ocean salmon fisheries. This document announces the availability of Pacific Council documents as well as the dates and locations of Pacific Council meetings and public hearings comprising the Pacific Council's complete schedule of events for determining the annual proposed and final modifications to ocean salmon fishery management measures. The agendas for the March and April 2012 Pacific Council meetings will be published in subsequent Federal Register documents prior to the actual 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.

We, NMFS, announce our intent to conduct public scoping necessary to gather information to prepare General Conservation Plans (GCPs) for the Penobscot Bay, Merrymeeting Bay, and Downeast Coastal Salmon Habitat Recovery Units (SHRUs) and Environmental Assessments (EAs) under the National Environmental Policy Act (NEPA). The GCPs will provide a streamlined process by which dam owners that are not regulated by the Federal Energy Regulatory Commission (FERC) can obtain an incidental take permit (ITP) by conforming to specific measures in their respective GCP that minimize and mitigate impacts to Gulf of Maine Distinct Population Segment (GOM DPS) of Atlantic salmon (Salmo salar). The GCP will be implemented cooperatively by participating dam owners and NMFS. The EAs will analyze the environmental effects of the proposed issuance of ITPs under the Endangered Species Act of 1973 (ESA), as amended. We provide this notice to announce the initiation of a public scoping period, during which other Federal and State agencies, Tribes, and the public can provide suggestions and information on the scope of issues and range of alternatives to be addressed in the GCPs and EAs.

NMFS, under the authority granted to the Secretary of Commerce (Secretary) under section 304(f) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), has designated the South Atlantic Fishery Management Council (South Atlantic Council) as the responsible council to manage Nassau grouper in the Gulf of Mexico (Gulf) under the Fishery Management Plan (FMP) for the Snapper- Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP). Prior to this designation, the Gulf of Mexico Fishery Management Council (Gulf Council) was the responsible council to manage Nassau grouper from the fishery management unit in the FMP for Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP).

NMFS announces that fish quotas are available for harvest in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area. This action is necessary to make fishing privileges available on an equitable basis.

Notice is hereby given that Florida Fish and Wildlife Conservation Commission, 100 Eighth Avenue SE, St. Petersburg, FL 33701 [Gregg Poulakis, Responsible Party], has requested a change to the application for a permit (File No. 15802).