National Oceanic and Atmospheric Administration January 2012 – Federal Register Recent Federal Regulation Documents

NMFS announces that the South Atlantic Fishery Management Council (Council) has submitted Amendment 18A to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 18A) for review, approval, and implementation by NMFS. The amendment proposes actions to update the current rebuilding strategy for black sea bass, modify the current system of accountability measures for black sea bass, limit effort in the black sea bass component of the snapper-grouper fishery, and improve fisheries data reporting in the for-hire sector of the snapper-grouper fishery.

This document contains corrections to a final rule published in the Federal Register on December 30, 2011, to implement the Comprehensive Ecosystem-Based Amendment 2 (CE-BA 2) for the South Atlantic region. The final rule adds Appendix E to part 622, however, a final rule to implement Caribbean actions, published in the Federal Register on the same day (December 30, 2011), also adds an Appendix E to part 622. This rule corrects the final rule for CE-BA2 by removing ``Appendix E'' wherever it occurs, and adding in its place ``Appendix F.'' This rule also renumbers footnote 7 in Table 1 as footnote 5.

NMFS reduces the commercial trip limit of Atlantic migratory group Spanish mackerel in or from the exclusive economic zone (EEZ) in the southern zone to 1,500 lb (680 kg) per day. This trip limit reduction is necessary to maximize the socioeconomic benefits of the quota.

We, the National Marine Fisheries Service (NMFS), issue a final rule to revise the current critical habitat for the leatherback sea turtle (Dermochelys coriacea) by designating additional areas within the Pacific Ocean. This designation includes approximately 16,910 square miles (43,798 square km) stretching along the California coast from Point Arena to Point Arguello east of the 3,000 meter depth contour; and 25,004 square miles (64,760 square km) stretching from Cape Flattery, Washington to Cape Blanco, Oregon east of the 2,000 meter depth contour. The designated areas comprise approximately 41,914 square miles (108,558 square km) of marine habitat and include waters from the ocean surface down to a maximum depth of 262 feet (80 m). Other Pacific waters within the U.S. Exclusive Economic Zone (EEZ) were evaluated based on the geographical area occupied by the species, but we determined that they were not eligible for designation, as they do not contain the feature identified as essential to the conservation of the species. The total estimated annualized economic impact associated with this designation is estimated to range between $188,000 and $9.1 million U.S. dollars.

Notice is hereby given that a major amendment to Permit No. 15126-01 has been issued to NMFS National Marine Mammal Laboratory (Responsible Party: Dr. John Bengtson, Director), Seattle, WA.

The Mid-Atlantic Fishery Management Council (Council) and its Surfclam, Ocean Quahog and Tilefish Committee, its Ecosystem and Ocean Planning Committee, and its Spiny Dogfish Committee will hold public meetings.

Notice is hereby given that Matson's Laboratory, LLC (Gary Matson, Responsible Party), P.O. Box 308, 8140 Flagler Road, Milltown, MT 59851, has applied in due form for a permit to receive, import, export, possess, and conduct analyses marine mammal specimens for scientific research.

Notice is hereby given that NMFS has received two scientific research permit application requests relating to salmonids listed under the Endangered Species Act (ESA). The proposed research activities are intended to increase knowledge of the species and to help guide management and conservation efforts.

NMFS is prohibiting directed fishing for pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2012 total allowable catch of pollock for Statistical Area 630 in the GOA.

On October 21, 2011, NOAA published a proposed rule in the Federal Register to revise the regulations for the Fagatele Bay National Marine Sanctuary (76 FR 65566). This notice re-opens the public comment period stated in that proposed rule until March 9, 2012.

This final rule establishes the opening dates and adjusts quotas for the 2012 fishing season for the Atlantic commercial shark fisheries. Quotas were adjusted based on over- and/or underharvests experienced during the 2010 and 2011 Atlantic commercial shark fishing seasons. In addition, NMFS is using previously-implemented adaptive management measures to provide, to the extent practicable, fishing opportunities for commercial shark fishermen in all regions and areas to determine the opening dates. These actions are expected to provide fishing opportunities for commercial shark fishermen in the northwestern Atlantic, including the Gulf of Mexico and Caribbean.

NMFS developed a final national policy, comprised of a Policy Directive and associated Procedural Directive, for distinguishing serious from non-serious injuries of marine mammals. The Directives provide technical guidance for analyzing marine mammal injury reports (e.g., observer, disentanglement, and stranding program reports) and incorporating the results into marine mammal stock assessment reports and marine mammal conservation management regimes (e.g., Marine Mammal Protection Act List of Fisheries, take reduction plans, ship speed regulations). NMFS is releasing its final Policy and Procedural Directives and responding to comments on the draft policy.

NMFS is prohibiting directed fishing for Pacific cod by pot catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2012 Pacific cod total allowable catch (TAC) specified for pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI.

The North Pacific Fishery Management Council (Council) Golden King Crab Price Formula Workgroup is meeting in February in Seattle, WA.

The SEDAR assessment of the HMS stocks of Gulf of Mexico blacktip sharks will consist of one workshop and a series of webinars. See SUPPLEMENTARY INFORMATION.

NMFS has received an application from Ocean Renewable Power Company Maine, LLC (ORPC) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to pile driving in Cobscook Bay, Maine. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing to issue an IHA to incidentally harass, by Level B harassment, four species of marine mammals during the specified activity within a specific geographic region and is requesting comments on its proposal.

Notice is hereby given that NHK Enterprises, Inc., Nature & Science Programs, 5-20 Kamiyama-cho, Ogawa Bldg., Shibuya-ku, Tokyo, Japan has applied in due form for a permit to conduct commercial or educational photography of Eastern North Pacific gray whales (Eschrichtius robustus) and killer whales (Orcinus orca).

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.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that NMFS has made modifications to three Letters of Authorization (LOAs) to take marine mammals by harassment incidental to the U.S. Navy's training activities within the Navy's Virginia Capes (VACAPES), Jacksonville (JAX), and Cherry Point (CHPT) Range Complexes to the Commander, U.S. Fleet Forces Command, 1562 Mitscher Avenue Suite 250, Norfolk, VA 23551-2487 and persons operating under his authority.

The Mid-Atlantic Fishery Management Council (Council) will hold a public meeting in the form of a workshop. The workshop topic is volunteer angler data collection.

The North Pacific Fishery Management Council (Council) and its advisory committees will hold public meetings, January 30February 7, 2012, at the Renaissance Hotel in Seattle, WA.

NMFS announces that the spiny dogfish commercial quota available to the coastal states from Maine through Florida for the second semi-annual quota period, November 1, 2011-April 30, 2012, has been harvested. Therefore, effective 0001 hours, January 13, 2012, federally permitted spiny dogfish vessels may not fish for, possess, transfer, or land spiny dogfish until May 1, 2012, when the 2012 spiny dogfish fishing year begins. Regulations governing the spiny dogfish fishery require publication of this notification to advise the coastal states from Maine through Florida that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing spiny dogfish in these states. This action is necessary to prevent the fishery from exceeding its Period 2 quota and to allow for effective management of this stock.

NMFS announces that the South Atlantic Fishery Management Council (Council) has submitted Amendment 20A to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 20A) for review, approval, and implementation by NMFS. Amendment 20A proposes actions for the wreckfish individual transferable quota (ITQ) program, including actions to define and revert inactive wreckfish quota shares, redistribute reverted quota shares to remaining shareholders, establish a cap on the number of wreckfish quota shares a single entity may own, and establish an appeals process for redistribution of reverted wreckfish quota shares. The actions contained in Amendment 20A are intended to help achieve the optimum yield (OY) from the wreckfish commercial sector in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

We, NMFS, announce a 90-day finding on a petition to delist the Southern Oregon/Northern California Coast (SONCC) Evolutionarily Significant Unit (ESU) of coho salmon (Oncorhynchus kisutch) under the Endangered Species Act (ESA). We find that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted.