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

The North Pacific Fishery Management Council's (Council's) Groundfish Plan Teams and Crab Plan Team will hold a workshop on Assessment/Management Issues Related to Recruitment, April 4-5, 2012 at the Alaska Fishery Science Center.

NMFS is correcting a temporary rule that published on February 29, 2012, reallocating the projected unused amounts of pollock directed fishing allowances from the Aleut Corporation and the Community Development Quota from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. There are errors in the table for the pollock allocation in the Aleutian Island subarea and the Bogoslof District.

In accordance with the Marine Mammal Protection Act (MMPA) implementing regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Ocean Renewable Power Company Maine, LLC (ORPC), allowing the take of small numbers of marine mammals, by Level B harassment only, incidental to pile driving in Cobscook Bay, Maine.

The Pacific Fishery Management Council (Council) and its advisory entities will hold public meetings.

This notice announces the availability of the Final Environmental Assessment (EA) on the application from PacifiCorp Energy (PacifiCorp or applicant) for an Incidental Take Permit (ITP) and Habitat Conservation Plan (HCP) for take of a threatened species in accordance with the Endangered Species Act of 1973, as amended (ESA). NMFS and PacifiCorp have also developed an implementing agreement (IA) which details how NMFS and PacifiCorp will work together to implement the HCP. This notice also announces that NMFS has made a decision to issue an ITP to PacifiCorp for the covered activities described in their HCP, and has authorized the incidental take of Southern Oregon/ Northern California Coast (SONCC) Evolutionarily Significant Unit (ESU) coho salmon (Oncorhynchus kisutch) as a result of operation and maintenance of its Klamath Hydroelectric Project (Project) in and near the Klamath River in Southern Oregon and Northern California, and implementation of the HCP during a ten-year period. This notice is provided under National Environmental Policy Act (NEPA) regulations and NMFS ESA permit regulations to inform the public that the Final EA HCP, responses to public comments, and associated documents are available for review; and NMFS has made a decision to issue the ITP.

NMFS has received an application from the Scripps Institution of Oceanography (SIO) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to conducting a low- energy marine geophysical (i.e., seismic) survey in the south-eastern Pacific Ocean, May, 2012. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to SIO to incidentally harass, by Level B harassment only, 20 species of marine mammals during the specified activity.

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 B season allowance of the 2012 total allowable catch of pollock for Statistical Area 630 in the GOA.

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

The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has granted an affirmative finding 2-year renewal to the Government of Ecuador 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 Ecuadorian-flag purse seine vessels or purse seine vessels operating under Ecuadorian jurisdiction to be imported into the United States. The affirmative finding renewal was based on review of documentary evidence submitted by the Government of Ecuador and obtained from the Inter-American Tropical Tuna Commission (IATTC).

SEDAR and NOAA Fisheries Service will convene a workshop to consider calibration methods for the MRFSS and MRIP estimates of marine recreational fisheries harvest.

This action corrects an error in paragraph numbering in the final rule pertaining to Fisheries of the Exclusive Economic Zone Off Alaska; Chinook Salmon Bycatch Management in the Bering Sea Pollock Fishery; Economic Data Collection published on February 3, 2012. This correction is intended to clarify regulatory text.

NMFS is providing this notice in order to allow other agencies and the public an opportunity to review and provide comments on the proposed adoption of the California Eelgrass Mitigation Policy (CEMP) by NMFS Southwest Region (SWR) Habitat Conservation Division (HCD). The intent of the CEMP is to help ensure consistent and effective mitigation of unavoidable impacts to eelgrass habitat throughout the SWR. The CEMP is a unified policy document for SWR-HCD, based on the highly successful implementation of the Southern California Eelgrass Mitigation Policy, which has improved mitigation effectiveness since its initial adoption in 1991. This policy is needed to ensure effective, statewide eelgrass mitigation and will help ensure that unavoidable impacts to eelgrass habitat are fully and appropriately mitigated. It is anticipated that the adoption and implementation of this policy will provide for enhanced success of eelgrass mitigation in California. Given the success of the Southern California Eelgrass Mitigation Policy, the California Eelgrass Mitigation Policy reflects an expansion of the application of this policy with minor modifications to ensure a high standard of statewide eelgrass management and protection. The CEMP will supersede the Southern California Eelgrass Mitigation Policy for all areas of California upon its adoption.

NMFS is prohibiting directed fishing for Pacific cod by vessels using jig gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2012 Pacific cod total allowable catch apportioned to vessels using jig gear in the Central Regulatory Area of the GOA.

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 New England Fishery Management Council (Council) is scheduling a public meeting of its Scientific and Statistical Committee (SSC), on March 28, 2012, 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 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 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).

The North Pacific Fishery Management Council submitted Amendment 97 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) to NMFS for review. If approved, Amendment 97 would allow owners of vessels participating in the Amendment 80 Program, known as Amendment 80 vessels, to replace their vessels for any reason at any time. Amendment 97 includes provisions that would limit the length of a replacement vessel, extend Gulf of Alaska groundfish harvest limits known as ``sideboards'' to replacement vessels, require replacement vessels to meet certain safety standards established by the Coast Guard, and prevent replaced vessels from being used in Federal groundfish fisheries off Alaska other than certain Bering Sea and Aleutian Islands groundfish fisheries. This action is necessary to promote safety-at-sea by allowing Amendment 80 vessels owners to replace aging vessels with newer, larger, and safer vessels and by requiring replacement vessels to meet certain Coast Guard vessel safety standards, and is intended to provide Amendment 80 vessel owners with the opportunity to increase their retention and utilization of groundfish catch through the ability to expand their vessel's range of processing capabilities. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

Pursuant to the National Environmental Policy Act (NEPA) of 1969 and in compliance with the implementing regulations issued by the Council on Environmental Quality and procedures issued by NOAA Administrative Order 216-6, NOAA is providing notice of its intent to develop a Programmatic Environmental Impact Statement (PEIS) to evaluate the potential environmental impacts of different ranges of coastal and marine habitat restoration project types conducted and supported by the NOAA Restoration Center.

Notice is hereby given that NMFS has issued two permits and one permit modification to take green (Chelonia mydas) and hawksbill (Eretmochelys imbricata) sea turtles for scientific research. See SUPPLEMENTARY INFORMATION for information regarding permittees.

The Gulf of Mexico Fishery Management Council (Council) will convene Scoping Meetings on a proposed generic amendment addressing dealer permits and electronic logbook reporting, as well as two amendments to the Coastal Migratory Pelagics Fishery Management Plan (CMP FMP): one that addresses sale of bag limit caught fish and permit requirements and the other that addresses boundaries and transit provisions.

Notice is hereby given that The Whale Museum (Responsible Party: Jenny Atkinson), P.O. Box 945, Friday Harbor, WA 98250 has requested a change in Principal Investigator to their pending permit application.

The North Pacific Fishery Management Council Joint Protocol Committee of the AK BOF and Council will meet in March in Anchorage, AK.

This final rule announces inseason changes to management measures in the Pacific Coast groundfish fisheries. These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), are intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.