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

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.

NMFS announces that the directed fishery for butterfish in the Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, July 6, 2011. Vessels issued a Federal permit to harvest butterfish may not retain or land more than 250 lb (0.11 mt) of butterfish per trip for the remainder of the year (through December 31, 2011). This action is necessary to prevent the fishery from exceeding its domestic annual harvest (DAH) of 495 mt, and to allow for effective management of this stock.

NMFS has received a request from BP Exploration (Alaska) Inc. (BP) for authorization for the take of marine mammals incidental to operation of offshore oil and gas facilities in the U.S. Beaufort Sea, Alaska, for the period 2011-2016. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing to issue regulations to govern that take and requesting information, suggestions, and comments on these proposed regulations. These regulations, if issued, would include required mitigation measures to ensure the least practicable adverse impact on the affected marine mammal species and stocks.

NMFS is modifying Atlantic bluefin tuna (BFT) base quotas for all domestic fishing categories; establishing BFT quota specifications for the 2011 fishing year; reinstating pelagic longline target catch requirements for retaining BFT in the Northeast Distant Gear Restricted Area (NED); amending the Atlantic tunas possession-at-sea and landing regulations to allow removal of Atlantic tunas tail lobes; and clarifying the transfer-at-sea regulations for Atlantic tunas. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

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. Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

The New England Fishery Management Council (Council) is scheduling a public meeting of its Habitat/MPA/Ecosystem Committee, in July, 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.

Through the International Commission for the Conservation of Atlantic Tunas (ICCAT), it has come to the attention of NMFS that Libyan vessels may not be meeting ICCAT requirements for Atlantic bluefin tuna fishing in the Mediterranean. NMFS advises importers to take great care with respect to any import of Atlantic bluefin tuna harvested by Libyan vessels in 2011, as these shipments may have been illegally harvested and could be subject to increased scrutiny and potential liability.

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 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 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.

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.