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

The Gulf of Mexico Fishery Management Council (Council) will convene public meetings.

The New England Fishery Management Council (Council) will hold a three-day meeting on June 19-21, 2012 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

Notice is hereby given that the Shoshone-Bannock Tribes have submitted a Tribal Resource Management Plan (Tribal Plan) to NMFS pursuant to the limitation on take prohibitions for actions conducted under Tribal Plans promulgated under the Endangered Species Act (ESA). The Tribal Plan specifies the management of ceremonial and subsistence fisheries in the Salmon River basin in the State of Idaho that potentially affect Snake River salmon and steelhead listed as threatened under the ESA. This document serves to notify the public of the availability for comment of the proposed evaluation of the Secretary of Commerce (Secretary) as to whether implementation of the Tribal Plan will appreciably reduce the likelihood of survival and recovery of Snake River salmon and steelhead. This notice further advises the public of the availability for review of an Environmental Assessment of the effects of the NMFS determination on the subject Tribal Plan.

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

The National Marine Fisheries Service is considering the inclusion of Gulf of Mexico blacktip sharks in an amendment to the 2006 Consolidated Highly Migratory Species Fishery Management Plan that is currently under development. This amendment process began in October 2011 to address the results of recent stock assessments for scalloped hammerhead, dusky, sandbar, and blacknose sharks. A new stock assessment is ongoing for Gulf of Mexico blacktip sharks, and is expected to be complete and available before the amendment process is completed. Therefore, we are considering including Gulf of Mexico blacktip sharks in the amendment to ensure any changes in the shark fisheries as a result of recent stock assessments are considered at the same time for public clarity and for administrative efficiency.

NMFS, upon request of the Monterey Bay National Marine Sanctuary (MBNMS), hereby issues regulations pursuant to the Marine Mammal Protection Act (MMPA) to govern the unintentional taking of marine mammals, by harassment, incidental to authorizing professional fireworks displays within the MBNMS in California waters, for the period of July 4, 2012, through July 3, 2017. These regulations, which allow for the issuance of Letters of Authorization for the incidental take of marine mammals during the described activities and specified timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.

NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Florida Sea Grant. If granted, the EFP would exempt Florida Sea Grant agents from regulations at Sec. 622.41(m)(3), requiring the use of venting tools when releasing regulatory discarded fish back to the water from July 1, 2012, through July 1, 2013. This study, to be conducted in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) off Florida, is intended to better document the efficacy and practicality of various recompression gear methods.

NMFS closes the incidental Longline category southern area fishery for large medium and giant Atlantic bluefin tuna (BFT) for the remainder of 2012. Fishing for, retaining, possessing, or landing BFT in the Longline category southern area is prohibited for the remainder of 2012. This action is being taken to prevent any further overharvest of the Longline category southern area BFT subquota.

The Pacific Fishery Management Council's (Pacific Council) ad hoc South of Humbug Pacific Halibut Workgroup (SHPHW) will hold a conference call to review background material on Pacific Halibut stock assessment, catch apportionment, and monitoring in Area 2A.

NOAA announces the public release of the Final SEIS in accordance with the National Environmental Policy Act of 1969, the Council on Environmental Quality Regulations, and NOAA Administrative Order 216-6 Environmental Review Procedures for Implementing the National Environmental Policy Act. Since completion of the Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) in April of 2009, substantial changes to the proposed action are being considered by NOAA within portions of the project area containing the 2.5-acre property currently occupied by Southwest Fisheries Science Center (SWFSC) and managed by NOAA under long-term lease from the University of California Office of the President (UCOP). These newly proposed actions were not previously analyzed in the Final EIS/EIR and involve additional demolition activities, substantial excavation and grading, installation of a geohazard soil stabilization system, structural upgrade to remaining structures, and other site alterations. These proposed actions were deemed necessary by NOAA based on additional geotechnical information and design recommendations received since approval of the Final EIS/EIR. A Draft and Final SEIS evaluated each environmental topic addressed in the Final EIS/EIR, and focused on the newly proposed action and its potential effects to the human environment. The No-Action Alternative was analyzed and assumes the newly proposed actions would not be implemented. Comments on the Draft SEIS were received during a 45-day public comment period that ended October 31, 2011. The Final SEIS evaluates and responds to these comments. An opportunity to comment on the Final SEIS is provided for 30 days following this Notice of Availability.

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

The South Atlantic Fishery Management Council will hold meetings of its Ecosystem-Based Management Committee; Dolphin Wahoo Committee; Shrimp Committee; Snapper Grouper Committee; Ad Hoc Data Collection Committee; King and Spanish Mackerel Committee; Advisory Panel Selection Committee (Closed Session); Scientific and Statistical Selection Committee (Closed Session); Golden Crab Committee; Law Enforcement Committee; Southeast Data Assessment and Review (SEDAR) Committee; and a meeting of the Full Council. The Council will take action as necessary. The Council will also hold a Habitat Workshop for Council members, an informal public question and answer session regarding agenda items, and a formal public comment session. See SUPPLEMENTARY INFORMATION for additional details.

NMFS publishes for public review and comment information regarding a permit application for transshipment of Atlantic herring by Canadian vessels, submitted under provisions of 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.

Notice is hereby given that a permit has been issued to James T. Harvey, Ph.D., Moss Landing Marine Laboratories, 8272 Moss Landing Road, Moss Landing, California 95039 to conduct research on harbor seals (Phoca vitulina).

The Mid-Atlantic Fishery Management Council's (Council) Mackerel, Squid, and Butterfish Committee and Mackerel, Squid, and Butterfish Advisory Panel will hold a public meeting.

NMFS implements management measures for the 2012 summer flounder, scup, and black sea bass recreational fisheries in Federal waters. These actions are necessary to comply with regulations implementing the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) and to ensure compliance with the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Recreational management measures are intended to prevent overfishing the summer flounder, scup, and black sea bass resources in 2012.

This rule implements a catch limit, commercial quota, and possession limit for the spiny dogfish fishery for the 2012 fishing year. The action was developed by the Mid-Atlantic and New England Fishery Management Councils pursuant to the fishery specification requirements of the Spiny Dogfish Fishery Management Plan. The final management measures are supported by the best available scientific information and reflect recent increases in spiny dogfish biomass. The action is expected to result in positive economic impacts for the spiny dogfish fishery while maintaining the conservation objectives of the Spiny Dogfish Fishery Management Plan.

On April 18, 2012, we, NMFS, published a proposed rule in the Federal Register to restructure the funding and deployment system for observers in North Pacific groundfish and halibut fisheries via Amendment 86 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and Amendment 76 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP). The public comment period for the subject proposed rule closes on June 18, 2012. We will hold a public hearing in Seattle, WA, to receive oral and written comments on the proposed regulations during the public comment period.

Notice is hereby given that a permit has been issued to Robin Baird, Ph.D., Cascadia Research, 218\1/2\ W. 4th Avenue, Olympia, WA 98501, to conduct research on marine mammals in the Atlantic Ocean.

We, NMFS, intend to prepare an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA), related to the Makah Indian Tribe's (Tribe) request that we authorize treaty right hunting of eastern North Pacific gray whales in usual and accustomed fishing grounds off the coast of Washington State. This notice briefly describes the background of the Makah Tribe's request for waiver, terminates a prior draft EIS (DEIS), and identifies and requests comments on a set of new potential alternatives currently under consideration.

The SEDAR assessment of the Gulf of Mexico stock of red snapper will consist of a series of three workshops: a Data Workshop, an Assessment Workshop, and a Review Workshop. This series of workshops will be referred to as SEDAR 31. See SUPPLEMENTARY INFORMATION.

This rule revises the turtle excluder device (TED) requirements to allow the use of new materials and to modify existing approved TED designs. Specifically, this rule allows using flat bar, rectangular pipe, and oval pipe as construction material in currently- approved TED grids; using a brace bar on hard TEDs; increasing the maximum mesh size on escape flaps from 1\5/8\ to 2 inches (4.1 to 5.1 cm); including the Boone Big Boy TED for use in the shrimp fisheries; using three large TED and Boone Wedge Cut escape openings; and using the Chauvin shrimp deflector to improve shrimp retention. This rule also adds a TED for use in the summer flounder fishery. Additionally, the rule corrects the TED regulations to rectify an oversight regarding the maximum size chain that can be used on the Parker TED escape opening flap.

NMFS issues a final rule to modify the Individual Fishing Quota (IFQ) Program for the Fixed-Gear Commercial Fisheries for Pacific Halibut and Sablefish in Waters in and off Alaska (IFQ Program) by revoking quota share (QS) that have been inactive since they were originally issued in 1995. Inactive QS are those held by persons that have never harvested their IFQ and have never transferred QS or IFQ into or out of their IFQ accounts. This action is necessary to achieve the catch limit from the halibut fisheries and optimum yield from the sablefish fisheries in Alaska in accordance with National Standard 1 of the Magnuson-Stevens Fishery Conservation and Management Act, and this action will achieve more efficient use of these species. The intended effect is to promote the management provisions in the Northern Pacific Halibut Act of 1982, the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, and the Fishery Management Plan for Groundfish of the Gulf of Alaska.

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