National Oceanic and Atmospheric Administration 2012 – Federal Register Recent Federal Regulation Documents
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Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Western Aleutian District of the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2012 allocation of Pacific ocean perch in this area allocated to vessels participating in the BSAI trawl limited access fishery.
Atlantic Highly Migratory Species; Notice of Public Scoping Meetings
NMFS has scheduled an additional scoping meeting for Amendment 7 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan, which will focus on management issues related to Atlantic bluefin tuna. A Notice of Intent published on April 23, 2012, which notified the public that NMFS intended to hold public scoping meetings and that it anticipated preparing a draft environmental impact statement. That Federal Register document provided the public with specific dates and times for four scheduled scoping meetings. This notice notifies the public of another scoping meeting on Amendment 7 in Portland, ME.
Western Pacific Fishery Management Council; Public Meetings
The Western Pacific Fishery Management Council (Council) announces a change in the agenda for the 154th Council Meeting.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Research Steering Committee (Committee) in June, 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.
National Appeals Office Rules of Procedure
This proposed rule would establish procedures governing the National Appeals Office (NAO), a division of NMFS' Office of Management and Budget within NOAA. NAO's central mission is to provide an efficient means of adjudicating appeals by providing due process and consistency to NMFS' administrative decisions. This proposed rule would establish a process by which NMFS could review, and if necessary correct, decisions about certain limited access privilege programs under Section 303A of the Magnuson-Steven Fishery Conservation and Management Act. The proposed procedures could also be used to adjudicate appeals from other offices that incorporate these rules into their regulations or otherwise notify potential appellants of the procedures' applicability to their proceedings.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received a scientific research permit application request relating to salmonids listed under the Endangered Species Act (ESA). The proposed research is intended to increase knowledge of the species and to help guide management and conservation efforts. The application and related documents may be viewed online at: https://apps.nmfs.noaa.gov/preview/previewopen forcomment.cfm. These documents are also available upon written request or by appointment by contacting NMFS by phone (707) 575-6097 or fax (707) 578-3435).
Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Training Exercises in the Mariana Islands Range Complex
NMFS has received an application from the U.S. Navy (Navy) for a Letter of Authorization (LOA) to take marine mammals, by harassment, incidental to conducting training exercises within the Navy's Mariana Islands Range Complex (MIRC) in the Pacific Ocean between August 12, 2012 and August 3, 2015. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS requests comments on its proposal to issue an LOA to the Navy that includes the use of time delayed firing devices (TDFDs), which have not been explicitly addressed previously, to incidentally take marine mammals by harassment during the specified activity.
Availability of Seats for the Stellwagen Bank National Marine Sanctuary Advisory Council
The ONMS is seeking applications for the following vacant seats on the Stellwagen Bank National Marine Sanctuary Advisory Council: (2) Education Members; (1) Education Alternate; (1) Whalewatching Member; (2) Fixed Gear Commercial Fishing Member and Alternate; (2) Business and Industry Member and Alternate; (2) Diving Member and Alternate; and, (1) Youth Alternate seat. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the sanctuary. Applicants who are chosen as members should expect to serve 3-year terms, pursuant to the council's charter.
Marine Mammals; File No. 16473
Notice is hereby given that a permit has been issued to D. Ann Pabst, Ph.D., University of North Carolina Wilmington, to conduct research on marine mammals.
Marine Mammals; File No. 17217
Notice is hereby given that Saint Louis Zoo, 1 Government Drive, St. Louis, MO 63110, has been issued a permit to import four harbor seals (Phoca vitulina) for public display.
Mid-Atlantic Fishery Management Council (MAFMC); Meeting
Meeting of the Mid-Atlantic Fishery Management Council's (Council) Summer Flounder, Scup, Black Sea Bass, and Bluefish Advisory Panels (APs).
Listing Endangered and Threatened Wildlife and Designating Critical Habitat; 12-Month Determination on How To Proceed With a Petition To Revise Designated Critical Habitat for the Endangered Leatherback Sea Turtle
We, the National Marine Fisheries Service (NMFS), announce our 12-month determination on how to proceed with a petition to revise the critical habitat designation for leatherback sea turtles pursuant to the Endangered Species Act (ESA) of 1973, as amended. The petition from Sierra Club requested a revision of the existing critical habitat designation for the leatherback sea turtle by adding the coastline and offshore waters of the Northeast Ecological Corridor in Puerto Rico. Based on the lack of reasonably defined physical or biological features that are essential to the leatherback turtle's conservation and that may require special management considerations or protection, we are denying the petitioned revision.
Takes of Marine Mammals Incidental to Specified Activities; Pile Driving in the Columbia River, WA
In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the Port of Vancouver, USA (Port), allowing the take of small numbers of marine mammals, by Level B harassment only, incidental to pile driving during construction of the Terminal 5 Bulk Potash Handling Facility.
Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops
Free Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops will be held in July, August, and September of 2012. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and who have also been issued shark or swordfish limited access permits. Additional free workshops will be conducted during 2012 and will be announced in a future notice.
Snapper-Grouper Fishery of the South Atlantic; 2012 Recreational Accountability Measure and Closure for South Atlantic Golden Tilefish
NMFS implements accountability measures (AMs) for the recreational sector of golden tilefish in the South Atlantic for the 2012 fishing year through this temporary rule. Average recreational landings from 2010 and 2011 exceeded the recreational annual catch limit (ACL) for golden tilefish. To account for this overage and to prevent an overage in 2012, this rule reduces the length of the 2012 recreational fishing season and NMFS closes the recreational sector for golden tilefish on June 8, 2012. This closure is necessary to protect the golden tilefish resource.
Accountability Measures for the Recreational Sector of Gray Triggerfish in the Gulf of Mexico for the 2012 Fishing Year
NMFS implements accountability measures (AMs) for the recreational sector of gray triggerfish in the Gulf of Mexico (Gulf) for the 2012 fishing year through this final temporary rule. Based on the projected recreational landings estimates, NMFS determined that the recreational annual catch target (ACT) for Gulf gray triggerfish will be met by June 11, 2012. Therefore, NMFS closes the recreational sector for Gulf gray triggerfish on June 11, 2012, and it will remain closed through December 31, 2012. This action is necessary to reduce overfishing of the Gulf gray triggerfish resource.
Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Bering Sea and Aleutian Islands Management Area
NMFS is opening directed fishing for northern rockfish in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2012 total allowable catch (TAC) of northern rockfish in the BSAI.
Gulf of Mexico Fishery Management Council; Public Meetings
The Gulf of Mexico Fishery Management Council (Council) will convene public meetings.
Atlantic Highly Migratory Species; Commercial Porbeagle Shark Fishery Closure
NMFS is closing the commercial fishery for porbeagle sharks. This action is necessary because landings for the 2012 fishing season have reached at least 80 percent of the available quota.
New England Fishery Management Council (NEFMC); Public Meeting
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).
Marine Mammals; File No. 17236
Notice is hereby given that Robert A. Garrott, Ecology Department, Montana State University, 310 Lewis Hall, Bozeman, MT, 59717, has applied in due form for a permit to conduct research on Weddell seals (Leptonychotes weddellii).
Endangered and Threatened Species; Take of Anadromous Fish
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.
Marine Mammals; File No. 16580
Notice is hereby given that Shannon Atkinson, Ph.D., University of Alaska Fairbanks, 17101 Pt. Lena Loop Road, Juneau, AK 99801 has applied in due form for a permit to import, export, and receive marine mammal parts for scientific research.
Marine Mammals; File No. 15240
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.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures
NMFS issues this final rule to implement management measures described in a regulatory amendment 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 rule increases the commercial and recreational quotas for red snapper in the Gulf of Mexico (Gulf) reef fish fishery for the 2012 fishing year, and for the 2013 fishing year if NMFS determines the acceptable biological catch (ABC) is not exceeded in the 2012 fishing year; eliminates the October 1 closure date of the recreational fishing season; and announces the quota closure date of the 2012 recreational fishing season. This final rule is intended to provide more flexibility in managing recreational red snapper and to help achieve optimum yield (OY) for the Gulf red snapper resource without increasing the risk of red snapper experiencing overfishing.
Atlantic Highly Migratory Species; Atlantic Shark Management Measures
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.
Fishing Capacity Reduction Program for the Pacific Coast Groundfish Fishery
NMFS issues this notice to inform interested parties that the Oregon Pink Shrimp sub-loan in the fishing capacity reduction program for the Pacific Coast Groundfish Fishery has been repaid. Therefore, buyback fee collections on Oregon pink shrimp will cease.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA
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.
Marine Mammals; File No. 16388
Notice is hereby given that Mark Baumgartner, Ph.D., Woods Hole Oceanographic Institution, MS33 Biology Department, Woods Hole, MA 02543, has applied in due form for a permit to conduct research on humpback whales (Megaptera novaeangliae), fin whales (Balaenoptera physalus), blue whales (B. musculus), sei whales (B. borealis), bowhead whales (Balaena mysticetus), North Atlantic right whales (Eubalaena glacialis), North Pacific right whales (E. japonica), and Eastern North Pacific gray whales (Eschrichtius robustus).
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Exempted Fishing Permit
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.
Endangered Species; File No. 16556
Notice is hereby given that NMFS Northeast Fisheries Science Center (NEFSC; Responsible Party: Frank Almeida), 166 Water St., Woods Hole, MA, 02543 has applied in due form for a permit to take loggerhead (Caretta caretta), leatherback (Dermochelys coriacea), Kemp's ridley (Lepidochelys kempii), and green (Chelonia mydas) sea turtles for purposes of scientific research.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
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.
North Pacific Fishery Management Council (NPFMC); Public Meeting
The North Pacific Fishery Management Council's (Council) Steller Sea Lion Mitigation Committee (SSLMC) will meet in Juneau, AK.
Pacific Fishery Management Council; Public Meeting
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.
Northeast Fisheries Science Center, Woods, Hole, MA; Public Meeting/Workshop
NOAA's Northeast Fisheries Science Center will sponsor a workshop to address the stock structure of cod in the Gulf of Maine, Georges Bank, Scotian Shelf and Southern New England regions. The Gulf of Maine Research Institute (GMRI) in Portland, ME will organize and host the meeting scheduled for June 12-14, 2012.
Notice of Availability of a Final Supplemental Environmental Impact Statement for Replacement of NOAA National Marine Fisheries Service Southwest Fisheries Science Center in La Jolla, CA
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.
Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Training Exercises in Three East Coast Range Complexes
In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that NMFS has issued three Letters of Authorization (LOAs) to take marine mammals by harassment, incidental to the U.S. Navy's training activities within the 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.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council (Pacific Council) and its advisory entities will hold public meetings.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings
The Mid-Atlantic Fishery Management Council (Council) and its Research Set-Aside Committee, Mackerel, Squid, and Butterfish Committee, and its Surfclam, Ocean Quahog Committee will hold public meetings.
South Atlantic Fishery Management Council; 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.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) Habitat Committee (HC) will hold a meeting, which is open to the public, to discuss habitat issues related to Council-managed fisheries.
Permits; Foreign Fishing
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).
Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy's Research, Development, Test and Evaluation Activities at the NAVSEA Naval Undersea Warfare Center Keyport Range Complex
In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that NMFS has issued a four-year Letter of Authorization (LOA) to the U.S. Navy (Navy) to take marine mammals by harassment incidental to its Research, Development, Test and Evaluation (RDT&E) activities at the NAVSEA Naval Undersea Warfare Center (NUWC) Keyport Range Complex.
Proposed Information Collection; Comment Request; Reporting Requirements for Commercial Fisheries Authorization Under Section 118 of the Marine Mammal Protection 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.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Exempted Fishing Permit
NMFS announces the receipt of an application for an exempted fishing permit (EFP) from the Louisiana Department of Wildlife and Fisheries (LDWF). If granted, the EFP would authorize the applicant to collect and retain red snapper that would otherwise be prohibited from possession and retention. This study, to be conducted in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf), is intended to better document the age structure and life history of fish associated with offshore platforms and artificial reefs in Louisiana coastal waters.
Marine Mammals; File No. 16991
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).
Confidentiality of Information; Magnuson-Stevens Fishery Conservation and Management Reauthorization Act
The National Marine Fisheries Service (NMFS) proposes revisions to existing regulations governing the confidentiality of information submitted in compliance with any requirement or regulation under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act or MSA). The purposes of these revisions are to make both substantive and non-substantive changes necessary to comply with the MSA as amended by the 2006 Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) and the 1996 Sustainable Fisheries Act (SFA). In addition, revisions are necessary to address some significant issues that concern NMFS' application of the MSA confidentiality provision to requests for information.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
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.
Fisheries of the Caribbean, Gulf of Mexico, South Atlantic; Comprehensive Amendment
The NMFS intends to prepare a DEIS to assess impacts on the natural and human environment of management measures proposed in its draft Comprehensive Ecosystem-Based Amendment 3 (CE-BA 3). CE-BA 3 would amend the Fishery Management Plan (FMP) for: the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP); Coral, Coral Reefs, Live/Hardbottom Habitats in the South Atlantic (Coral FMP); the FMP for Coastal Migratory Pelagic Resources (Coastal Migratory Pelagics FMP) in the Gulf of Mexico and Atlantic Region; the Dolphin and Wahoo Fishery of the Atlantic (Dolphin Wahoo FMP); the Golden Crab Fishery of the Atlantic (Golden Crab FMP); the Shrimp Fishery of the South Atlantic Region (Shrimp FMP); and Spiny Lobster in the Gulf of Mexico and the South Atlantic (Spiny Lobster FMP). This NOI is intended to inform the public of the preparation of a DEIS in support of a comprehensive amendment to the South Atlantic Fishery Management Council's (Council) FMPs.
Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2012
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.
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