National Oceanic and Atmospheric Administration January 2013 – Federal Register Recent Federal Regulation Documents

The Mid-Atlantic Fishery Management Council (Mid-Atlantic Council) announces its intention to prepare, in cooperation with NMFS, an EIS in accordance with the National Environmental Policy Act to assess potential effects on the human environment of alternative measures to protect deep-sea corals in the Mid-Atlantic region. This notice announces a public process for determining the scope of issues to be addressed, and for identifying the significant issues related to deep-sea coral protections in the Mid-Atlantic. This notice is to alert the interested public of the scoping process, the development of the Draft EIS, and to provide for public participation in that process. If, during development of the Draft EIS, it can be determined that the alternatives are not expected to have significant impacts on the human environment, an Environmental Assessment (EA) may be prepared in place of an EIS. This determination will depend on the scope of issues raised and the alternatives developed. Information obtained during the scoping process will be used to develop either an EIS or an EA as appropriate. This action is necessary to provide analytical support for an amendment (Amendment 16) to the Fishery Management Plan (FMP) for Atlantic Mackerel, Squid, and Butterfish (MSB), which addresses protections of deep-sea corals from the impacts of fishing gear.

In Spring 2012, NOAA Fisheries publicly solicited nominations for two presidential appointments to serve as U.S. Commissioners to the International Pacific Halibut Commission (IPHC). While the nomination list included many strong candidates, the combination of a number of factors resulted in the decision to re-initiate this public nomination process. These factors include heightened interest by diverse user groups, the lapse of time since original nominees expressed interest in an appointment, and considerations of balanced representation on the Commission. In their official IPHC duties, Commissioners represent the interests of the United States and all of its stakeholders in the Pacific halibut fishery, while working to develop the Pacific halibut stocks to levels that will permit the optimum yield from the Pacific halibut fishery. Thus, NOAA is again soliciting nominations for two individuals to serve as U.S. Commissioners to the IPHC.

This final action sets forth identification and certification procedures to implement provisions of the Shark Conservation Act, which amended the High Seas Driftnet Fishing Moratorium Protection Act (Moratorium Protection Act), to address shark conservation in areas beyond any national jurisdiction. This action also amends the definition of illegal, unreported, or unregulated (IUU) fishing for purposes of the Moratorium Protection Act.

Notice is hereby given that Joseph Mobley, Jr., University of Hawaii at Manoa, 2528 McCarthy Mall, Honolulu, HI 96816; Ann Zoidis, Cetos Research Organization, 33 Echo Ave., Suite 5, Oakland, CA 94611; and Jim Darling, Ph.D., Whale Trust, P.O. Box 384, Tofino, BC V0R2Z0, Canada, have applied for amendments to Scientific Research Permit Nos. 14451, 14353, and 13846, respectively.

The South Atlantic Fishery Management Council (SAFMC) will hold a series of scoping meetings and public hearings pertaining to Amendment 5 to the Dolphin Wahoo Fishery Management Plan (FMP) and Amendment 27 to the Snapper Grouper FMP.

In accordance with a requirement of Public Law 106-513 (16 U.S.C. 1441(b)), NOAA hereby gives public notice of the applicability of the special use permit requirements of Section 310 of the National Marine Sanctuaries Act to certain categories of activities conducted within the National Marine Sanctuary System. In addition, NOAA is seeking public comment on the subject of special use permits.

We, the National Marine Fisheries Service (NMFS), propose to designate critical habitat for lower Columbia River coho salmon (Oncorhynchus kisutch) and Puget Sound steelhead (O. mykiss), currently listed as threatened species under the Endangered Species Act (ESA). The specific areas proposed for designation for lower Columbia River coho include approximately 2,288 mi (3,681 km) of freshwater and estuarine habitat in Oregon and Washington. The specific areas proposed for designation for Puget Sound steelhead include approximately 1,880 mi (3,026 km) of freshwater and estuarine habitat in Puget Sound, Washington. We propose to exclude a number of particular areas from designation because the benefits of exclusion outweigh the benefits of inclusion and exclusion will not result in the extinction of the species. We are soliciting comments from the public on all aspects of the proposal, including information on the economic, national security, and other relevant impacts of the proposed designations, as well as the benefits to the species from designations. We will consider additional information received prior to making final designations.

The New England Fishery Management Council (Council) will hold a four-day meeting on January 28-31, 2013 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

NMFS announces the receipt of exempted fishing permit (EFP) applications for 2013 and 2014, and is considering issuance of EFPs for vessels participating in the EFP fisheries. The EFPs are necessary to allow activities that are otherwise prohibited by Federal regulations. The EFPs would be effective no earlier than February 11, 2013, and would expire no later than December 31, 2014, but could be terminated earlier under terms and conditions of the EFPs and other applicable laws.

This action reopens the comment period for an Acadian redfish- related proposed rule that published on November 8, 2012. The original comment period closed on November 23, 2012. This action clarifies a bycatch threshold incorrectly explained in the proposed rule. The public comment period is being reopened to solicit additional public comment on this correction.

We have received an application from the St. George Reef Lighthouse Preservation Society (Society), for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment incidental to conducting aircraft operations, lighthouse renovation, and light maintenance activities on the St. George Reef Light Station on Northwest Seal Rock (NWSR) in the northeast Pacific Ocean from the period of February through April, 2013 and during the period of November through December, 2013. Per the Marine Mammal Protection Act, we are requesting comments on our proposal to issue an Incidental Harassment Authorization to the Society to incidentally harass, by Level B harassment only, four species of marine mammals during the specified activity.

Notice is hereby given that NMFS has issued Permit 14808 to the California Department of Fish and Game (CDFG), Permit 15573 to the Glenn-Colusa Irrigation District (GCID), Permit 16543 to the California Department of Water Resources (CDWR), Permit 13791 to the United States Fish and Wildlife Service (USFWS), and Permit 17077 to Dr. Peter Moyle with the University of California, Davis (UCD).

Notice is hereby given that NMFS has received an application for a permit for scientific purposes and to enhance the propagation and survival of a listed species under the Endangered Species Act of 1973, as amended (ESA), from the California Department of Fish and Game (CDFG) and PacifiCorp for a 10 year period. As part of this permit application, the CDFG has submitted a draft HGMP. The HGMP specifies methods for the operation of the Iron Gate hatchery coho salmon program, located along the Klamath River, within the State of California. This document serves to notify the public of the availability of the permit application and HGMP for public review and comment prior to a decision by NMFS whether to issue the permit. This notice also announces the availability for public review and comment of a Draft Environmental Assessment (EA) regarding issuance of the permit, which involves take of coho salmon listed as threatened under the ESA.

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

This action proposes revisions to several portions of the Pacific Coast Groundfish Fishery Trawl Rationalization Program regulations and requests comments on NMFS' preliminary conclusion that the Pacific Fishery Management Council's (Council's) selection of the no action alternative regarding the reconsideration of initial allocation of Pacific whiting (whiting) is consistent with the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the Pacific Coast Groundfish Fishery Management Plan (FMP), and other applicable law.. This action is necessary to comply with a court order requiring NMFS to reconsider the initial allocation of whiting to the shorebased individual fishing quota (IFQ) fishery and the at-sea mothership fishery. These proposed regulatory changes would affect the transfer of quota share (QS) and individual bycatch quota (IBQ) between QS accounts in the shorebased IFQ fishery, and severability of catch history assignments in the mothership fishery, both of which would be allowed on specified dates with the exception of widow rockfish. Widow rockfish is no longer an overfished species and transfer of QS for this species will be reinstated pending reconsideration of the allocation of widow rockfish QS in a future action. The divestiture period for widow rockfish QS in the IFQ fishery is also proposed to be delayed indefinitely.