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

At the request of the New England Fishery Management Council, this notice announces a ``control date'' that may be used as a reference for future management actions applicable to, but not limited to, qualifying landings and permit history for a limited access or allocation-based management program and limits on the accumulation of excessive control or ownership of fishing privileges in the small-mesh multispecies fishery. This notice is intended to promote awareness of possible rulemaking; notify the public that any future accumulation of fishing privilege interests in the small-mesh multispecies fishery may be affected, restricted, or even nullified; and discourage speculative behavior in the market for fishing privileges while the New England Fishery Management Council considers whether and how such limitations on accumulation of fishing privileges should be developed. Interested participants should locate and preserve records that substantiate and verify their control of small-mesh multispecies permits and other fishing privileges, as well as red, silver, and offshore hake, collectively known as small-mesh multispecies, landings history from Federal waters.

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, the National Marine Fisheries Service (NMFS), announce a 90-day finding on a petition to delist the Southern Resident killer whale (Orcinus orca) Distinct Population Segment (DPS) under the Endangered Species Act (ESA). The Southern Resident killer whale DPS was listed as endangered under the ESA in 2005. We find that the petition viewed in the context of information readily available in our files presents substantial scientific information indicating the petitioned action may be warranted. We are hereby initiating a status review of Southern Resident killer whales to determine whether the petitioned action is warranted and to examine the application of the DPS policy. To ensure the status review is comprehensive, we are soliciting scientific and commercial information pertaining to this species.

The Pacific Fishery Management Council's (Pacific Council) South of Humbug Policy Workgroup (Workgroup) for Pacific halibut will hold a working meeting, which is open to the public.

NMFS is amending the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan based on several shark stock assessments that were completed from 2009 to 2012. The assessments for Atlantic blacknose, dusky, and scalloped hammerhead sharks indicated that these species are overfished and experiencing overfishing. The assessment for sandbar sharks indicated that this species is overfished, but not experiencing overfishing. The assessment for Gulf of Mexico blacktip sharks, adopted in this rulemaking, indicated that the stock is not overfished and not experiencing overfishing. The assessment for Gulf of Mexico blacknose sharks was not accepted; therefore, the overfished and overfishing statuses have been determined to be unknown. The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (Magnuson-Stevens Act) requires the Agency to implement management measures that prevent overfishing and rebuild overfished stocks, as necessary. Based on the new stock assessments, and after considering public comments received during scoping and on a predraft document, we are proposing measures that would reduce fishing mortality and effort in order to rebuild overfished Atlantic shark species while ensuring that a limited sustainable shark fishery can be maintained consistent with our legal obligations. The proposed measures include changes to commercial quotas and species groups, the creation of several time/area closures, a change to an existing time/area closure, an increase in the recreational minimum size restrictions, and the establishment of recreational reporting for certain species of sharks. The proposed measures could affect U.S. commercial or recreational fishermen who harvest sharks within the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.

This notice announces the availability of the draft Mendocino Redwood Company Habitat Conservation Plan and Natural Community Conservation Plan (Proposed Plan), draft Implementing Agreement, and draft Environmental Impact Statement/Program Timberland Environmental Impact Report (EIS/PTEIR) for public review and comment. In response to receipt of an application from The Mendocino Redwood Company (MRC; Applicant), the National Marine Fisheries Service and the U.S. Fish and Wildlife Service (Services) are considering the proposed action of issuing an 80-year incidental take permit for nine federally listed species and two currently unlisted species. The proposed permit would authorize take of individual members of species listed under section 10 of the Endangered Species Act (ESA) of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended. The permit is needed because take of species could occur during timber harvest, forest management, and related activities within the 213,244-acre Proposed Plan Area in western Mendocino County, CA.

The Mid-Atlantic Fishery Management Council (Council) and its Visioning and Strategic Planning Working Group will hold public meetings.

Pursuant to the Marine Mammal Protection Act (MMPA) as amended, NMFS provides notice that we have issued an Incidental Harassment Authorization (IHA) to the Washington State Department of Transportation Ferries Division (WDF) to incidentally harass, by Level B harassment only, 11 species of marine mammals during the transfer span replacement project at the Port Townsend ferry terminal in Port Townsend Bay, Washington.

NMFS publishes regulations to implement Amendment 86 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 76 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (Amendments 86/76). Amendments 86/ 76 add a funding and deployment system for observer coverage to the existing North Pacific Groundfish Observer Program (Observer Program) and amend existing observer coverage requirements for vessels and processing plants. The new funding and deployment system allows NMFS to determine when and where to deploy observers according to management and conservation needs, with funds provided through a system of fees based on the ex-vessel value of groundfish and halibut in fisheries covered by the new system. This action is necessary to resolve data quality and cost equity concerns with the Observer Program's existing funding and deployment structure. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Northern Pacific Halibut Act of 1982, the fishery management plans, and other applicable law.

NMFS solicits nominations for the Advisory Panel (AP) for Atlantic Highly Migratory Species (HMS) Southeast Data, Assessment, and Review (SEDAR) Workshops (this AP is also called the ``SEDAR Pool''). The SEDAR Pool is comprised of a group of individuals whom may be selected to consider data and advise NMFS regarding the scientific information, including but not limited to data and models, used in stock assessments for oceanic sharks in the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea. Nominations are being sought for a 3-year appointment (2013-2015). Individuals with definable interests in the recreational and commercial fishing and related industries, environmental community, academia, and non-governmental organizations will be considered for membership on the SEDAR Pool.

NOAA has long been concerned about the potential for a gap in polar satellite coverage in the afternoon orbit. In addition to reports from Inspector General and the Government Accountability Office on this topic, NOAA has also convened an Independent Review Team (IRT) to review the progress of our satellite programs and identify the challenges ahead. These reports have all substantiated NOAA's concerns regarding the gap. NOAA is taking positive steps to mitigate the negative impacts to NOAA's numerical weather forecasts that could be introduced by a lack of polar satellite data. To this end, NOAA has commissioned an investigative study to broadly explore all available options, such as substitute satellite observations, alternative non-satellite data, weather modeling, and data assimilation improvements. NOAA is convening teams of internal and external experts, industry leaders, foreign partners, and academia to study each of these areas. As a part of this effort, and to ensure we examine all potential solutions, NOAA is also seeking comments, suggestions, and innovative ideas from the public on how to preserve the quality and timeliness of NOAA's numerical weather forecasts should we experience a loss of polar satellite environmental data. Through this web portal, the public can submit ideas, review submissions from other parties, and make comments and collaborate on ideas.

NMFS proposes specifications for the 2013 summer flounder, scup, and black sea bass fisheries, and the 2014 summer flounder and scup fisheries, and provides notice of two projects that may be requesting exempted fishing permits as part of the Mid-Atlantic Fishery Management Council's Research Set-Aside Program. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan require NMFS to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. Furthermore, regulations under the Magnuson-Stevens Fishery Conservation and Management Act require that NMFS allow the public an opportunity to comment on applications for exempted fishing permits. Accordingly, in addition to proposing catch specifications, NMFS announces exempted fishing permit requests, in accordance with the fishery management plan and Magnuson-Stevens Fishery Conservation and Management Act.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Monkfish Oversight Committee and Advisory Panel in December, 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 FY 2005 Appropriations Act (the Appropriations Act) authorized a capacity reduction program for the Longline Catcher Processor Subsector of the Bering Sea and Aleutian Islands non-pollock groundfish fishery (Reduction Fishery). Pursuant to this authorization, the Freezer Longline Conservation Cooperative (FLCC) conducted the bid selection process and submitted a reduction plan to NMFS to purchase a single latent permit within the Reduction Fishery. On September 24, 2012, the National Marine Fisheries Service published regulations for the second fishing capacity reduction program for this Reduction Fishery. NMFS conducted a successful referendum approving the reduction loan repayment fees of $2,700,000 which post-reduction harvesters will repay over a 30-year period. Accordingly, NMFS is preparing to tender a reduction payment to the accepted bidder and implement an industry fee collection system to repay the loan.

NMFS reopens the 2012 commercial sector for red snapper, gag, and all other South Atlantic Shallow-Water Grouper (SASWG) in the South Atlantic exclusive economic zone (EEZ). NMFS previously determined the commercial annual catch limit (ACL) for red snapper would be reached by September 24, 2012, and closed the commercial sector for red snapper in the South Atlantic at 12:01 a.m., local time, on September 24, 2012. Additionally, NMFS previously determined the commercial ACL for gag would be reached by October 20, 2012, and closed the commercial sector for gag and all other SASWG in the South Atlantic at 12:01 a.m., local time, on October 20, 2012. However, updated landings estimates indicate neither the commercial red snapper nor the commercial gag ACL has been reached at this time. Therefore, NMFS is reopening the commercial sector for red snapper, gag, and all other SASWG in the South Atlantic. The commercial sector for all of these species will reopen at 12:01 a.m., on November 13, 2012, and close at 12:01 a.m. on November 21, 2012. The intended effect of this temporary rule is to maximize harvest benefits for commercial red snapper, gag, and all other SASWG fishermen. Additionally, this reopening for red snapper provides an opportunity to collect fishery-dependent data that could be useful for the 2014 red snapper stock assessment.

The SEDAR assessments of the Caribbean stocks of blue tang and queen triggerfish will no longer have an in-person Review Workshop. See SUPPLEMENTARY INFORMATION.

Notice is hereby given that NMFS has received an application for a permit (Permit 15610) to conduct research for scientific purposes from the Oregon State University, Department of Fisheries and Wildlife (OSU). The requested permit would affect the endangered Southern California (SC) Distinct Population Segment (DPS) of steelhead (Oncorhynchus mykiss). The public is hereby notified of the availability of the permit application for review and comment before NMFS either approves or disapproves the application.

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 the U.S. Fish and Wildlife Service, allowing the take of small numbers of marine mammals, by Level B harassment only, incidental to a bird mitigation research trial.

This proposed rule would establish the 2013-2014 harvest specifications and management measures for groundfish taken in the U.S. exclusive economic zone off the coasts of Washington, Oregon, and California consistent with the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Pacific Coast Groundfish Fishery Management Plan (PCGFMP). This proposed rule would also revise the collection of management measures in the groundfish fishery regulations that are intended to keep the total catch of each groundfish species or species complex within the harvest specifications.

Through this action NMFS proposes to reduce the 2013 annual catch limits (ACLs) for the Atlantic herring (herring) fishery to account for catch overages in 2011 and to prevent overfishing.

NMFS issues this final rule to implement management measures described in Amendment 35 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule establishes sector annual catch limits (ACLs) and sector annual catch targets (ACTs) for greater amberjack; revises the sector accountability measures (AMs) for greater amberjack; and establishes a commercial trip limit for greater amberjack. Additionally, Amendment 35 modifies the greater amberjack rebuilding plan. The intent of Amendment 35 is to end overfishing of greater amberjack, modify the greater amberjack rebuilding plan and help achieve optimum yield (OY) for the greater amberjack resource in accordance with the requirements of the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Notice is hereby given that the U.S. Fish and Wildlife Service (USFWS), Southeast Regional Office, Century Boulevard, Atlanta, GA 30602 [Thomas Sinclair: Responsible Party], has applied in due form for a permit [File No. 17367] to take shortnose sturgeon (Acipenser brevirostrum) and Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) for purposes of conducting scientific research; and also that the USFWS, Northeast Fishery Center, PO Box 75, Lamar, PA 16848 [Michael Millard: Responsible Party], has applied in due form for a permit [File No. 17364] to take Atlantic sturgeon for purposes of conducting scientific research.

The Hydrographic Services Review Panel (HSRP) is a Federal Advisory Committee established to advise the Under Secretary of Commerce for Oceans and Atmosphere on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998, its amendments, and such other appropriate matters that the Under Secretary refers to the Panel for review and advice. Date and Time: The public meeting will be held on November 27-29, 2012. November 27th from 8:30 a.m. to 5:30 p.m.; November 28th from 8:30 a.m. to 5:30 p.m.; and November 29th from 8:30 a.m. to 5:30 p.m. Location: Astor Crowne Plaza, 739 Canal Street, New Orleans, Louisiana, 70130, tel: (504) 962-0500. Refer to the HSRP Web site listed below for the most current meeting agenda. Times and agenda topics are subject to change.

NMFS issues this temporary rule to extend the expiration date of interim measures to reduce overfishing of gray triggerfish in the Gulf of Mexico (Gulf) implemented by a temporary rule published by NMFS on May 14, 2012. This temporary rule extends the reduced commercial quota (commercial annual catch target (ACT)), commercial and recreational annual catch limits (ACLs), and recreational ACT; and the revised recreational accountability measures (AMs) for gray triggerfish, as requested by the Gulf of Mexico Fishery Management Council (Council). The intended effect of this temporary rule is to reduce overfishing of the gray triggerfish resource in the Gulf while the Council develops permanent management measures.

The SEDAR 30 assessments of the Caribbean blue tang and queen triggerfish will consist of a series of workshops and webinars. This notice is for a webinar associated with the Assessment portion of the SEDAR process. See SUPPLEMENTARY INFORMATION.