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

NMFS proposes regulations that would implement a catch sharing plan for the guided sport (charter) and commercial fisheries for Pacific halibut in waters of International Pacific Halibut Commission (IPHC) Regulatory Areas 2C (Southeast Alaska) and 3A (Central Gulf of Alaska). If approved, this catch sharing plan will replace the Guideline Harvest Level program, define an annual process for allocating halibut between the charter and commercial fisheries in Area 2C and Area 3A, and establish allocations for each fishery. The commercial fishery will continue to be managed under the Individual Fishing Quota system. To allow flexibility for individual commercial and charter fishery participants, the proposed catch sharing plan also will authorize annual transfers of commercial halibut quota to charter halibut permit holders for harvest in the charter fishery. This action is necessary to achieve the halibut fishery management goals of the North Pacific Fishery Management Council.

Notice is hereby given that Karen G. Holloway-Adkins, East Coast Biologists, Inc. P.O. Box 33715, Indialantic, FL 32903 has been issued a permit to take green (Chelonia mydas), loggerhead (Caretta caretta), hawksbill (Eretmochelys imbricata), Kemp's ridley (Lepidochelys kempii), and leatherback (Dermochelys coriaceae) sea turtles for purposes of scientific research.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration and that the activities authorized under this Exempted Fishing Permit would be consistent with the goals and objectives of the Monkfish Fishery Management Plan. However, further review and consultation may be necessary before a final determination is made to issue an Exempted Fishing Permit. The Exempted Fishing Permit would grant exemptions from monkfish days-at-sea possession limits. The primary goal of this study, by the University of Maryland Eastern Shore, is to investigate the influence of temperature on monkfish distribution and abundance. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits.

The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Tuesday, July 23, 2013 from 2:00 p.m. to 5:00 p.m. EDT and Wednesday, July 24, 2013 from 1:00 p.m. to 4:05 p.m. EDT. These times and the agenda topics described below are subject to change. Please refer to the Web page https:// www.sab.noaa.gov/Meetings/meetings.html for the most up-to-date meeting agenda. Place: Conference call. Public access is available at 1315 East- West Highway, Room 11836 in Silver Spring, MD. Please check the SAB Web site https://www.sab.noaa.gov/Meetings/meetings.html for address and directions to the meeting location. Members of the public will not be able to dial in to this meeting. Status: The meeting will be open to public participation with a 10 minute public comment period on July 24 from 1:05-1:15 p.m. (check Web site to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of two (2) minutes. Individuals or groups planning to make a verbal presentation should contact the SAB Executive Director by July 17, 2013 to schedule their presentation. Written comments should be received in the SAB Executive Director's Office by July 17, 2013 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after July 17, 2013 will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seating at the meeting will be available on a first-come, first-served basis. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for special accommodations may be directed no later than 12 p.m. on July 17, 2013, to Dr. Cynthia Decker, SAB Executive Director, SSMC3, Room 11230, 1315 East-West Hwy., Silver Spring, MD 20910. Matters To Be Considered: The meeting will include the following topics: (1) NOAA Response to the SAB Review of the Ocean Exploration and Research Program; (2) NOAA Social Science Needs Assessment; (3) Terms of Reference and Membership Approach for Gulf Coast Ecosystem Restoration Science Program Advisory Working Group; (4) National Academy of Public Administration Report: Forecasting the Future- Assuring the Capacity of the National Weather Service; (5) Arctic Policy and Management; (6) Arctic Science; (7) Climate Working Group- Proposed Change in Terms of Reference and Working Group Update; (8) Ecosystem Sciences and Management Working Group-Proposed New Member and Working Group Update; (9) Environmental Information Services Working Group-Membership and Working Group Update; and (10) Updates from Data Archive and Access Requirements and Ocean Exploration Advisory Working Groups.

We, NMFS, announce proposed revisions to the Code of Federal Regulations (CFR) to clarify and update the descriptions of species under NMFS' jurisdiction that are currently listed as threatened or endangered under the Endangered Species Act of 1973 (ESA). Revisions include format changes to our lists of threatened and endangered species, revisions to regulatory language explaining our lists, updates to the descriptions of certain listed West Coast salmonid species to add or remove hatchery stocks consistent with our recently completed five-year reviews under ESA section 4(c)(2), and corrections to regulatory text to fix inadvertent errors from previous rulemakings and update cross-references. We do not propose to add or remove any species to or from our lists, change the status of any listed species, or add or revise any critical habitat designation.

The National Marine Fisheries Service (NMFS) is announcing its intent to prepare a recovery plan for Oregon Coast coho salmon (Oncorhynchus kisutch) Evolutionarily Significant Unit (ESU) (OC coho) and requests information from the public. We are required by the Endangered Species Act of 1973 (ESA), as amended, to develop plans for the conservation and survival of federally listed species, i.e., recovery plans.

NOAA announces the availability of and request for comments on the Draft NOAA Procedures for Government-to-Government Consultation With Federally Recognized Indian Tribes. This Draft Handbook is intended to assist NOAA staff in conducting effective government-to- government consultations and fulfilling NOAA's obligations under Executive Order 13175 and Department Administrative Order (DAO) 218-8 on Consultation and Coordination with Indian Tribal Governments, and the Department of Commerce Tribal Consultation Policy adopted on May 21, 2013 and published in the Federal Register on June 4, 2013.

The New England Fishery Management Council (Council) has cancelled the public meeting of its Ad hoc Sturgeon Committee that was scheduled for Wednesday, June 26, 2013 beginning at 9:30 a.m. in Holiday Inn, Peabody, MA.

NMFS proposes to implement management measures described in an abbreviated framework to the Fishery Management Plans (FMPs) for the Reef Fish Resources of the Gulf of Mexico prepared by the Gulf of Mexico Fishery Management Council (Gulf Council), and Coastal Migratory Pelagic Resource prepared by the Gulf Council and the South Atlantic Fishery Management Council (South Atlantic Council). If implemented, this rule would eliminate the requirement to submit a current certificate of inspection (COI) provided by the U.S. Coast Guard (USCG) with the application to renew or transfer a Federal Gulf of Mexico (Gulf) coastal migratory pelagic (CMP) or reef fish charter vessel/ headboat permit (hereafter referred to as a for-hire permit). The rule would eliminate the restriction on transferring for-hire permits to a vessel of greater authorized passenger capacity than specified on the permit. The rule would also prohibit the harvest or possession of CMP or reef fish species on a vessel with a Gulf for-hire permit that is carrying more passengers than is specified on the permit. The intended effect of this proposed rule is to simplify the passenger capacity requirements for transfers and renewals of Gulf CMP and reef fish for- hire permits to provide more flexibility in the use of these permitted vessels.

The Regulatory Flexibility Act (RFA) requires that the National Marine Fisheries Service (NMFS) periodically review existing regulations that have a significant economic impact on a substantial number of small entities, such as small businesses, small organizations, and small governmental jurisdictions. This plan describes how NMFS will perform this review and describes the regulations that are being proposed for review during the current review-cycle.

NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Puerto Rico's Department of Natural and Environmental Resources (PR DNER). If granted, the EFP would authorize the PR DNER to harvest reef fish by hook-and-line gear at 10 stations off the west coast and 1 station off the east coast of Puerto Rico in Federal waters. All reef fish caught during the duration of the EFP, including undersized and seasonally prohibited reef fish species, would be retained, except for goliath grouper, Nassau grouper, and any parrotfish species. The purpose of the exempted fishing activities is to obtain additional life history information for the Caribbean Fishery Management Council (Council) and NMFS to use when making future management decisions for Caribbean reef fish.

NMFS establishes 2013 quota specifications for the Atlantic bluefin tuna (BFT) fishery and closes the incidental Longline category northern and southern area fisheries for large medium and giant BFT for the remainder of 2013. These actions are necessary to implement binding recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). Under the closure, fishing for, retaining, possessing, or landing BFT in the Longline category northern and southern areas is prohibited for the remainder of 2013. The Longline fishery in the Northeast Distant gear restricted area (NED) remains open at this time. The closure is necessary to prevent overharvest of the adjusted Longline category subquotas as finalized in this action.

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 Washington State Department of Transportation (WSDOT) to take, by harassment, small numbers of six species of marine mammals incidental to vibratory pile driving and pile removal activities at the Bremerton Ferry Terminal in Washington State between September 2013 and August 2014.

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). This action is necessary for NMFS to make a determination that the permit application can be approved.

NMFS proposes regulations under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act) to establish a catch limit of 3,763 metric tons (mt) of bigeye tuna (Thunnus obesus) for vessels in the U.S. pelagic longline fisheries operating in the western and central Pacific Ocean (WCPO) for each of the calendar years 2013 and 2014. The limit would not apply to vessels in the longline fisheries of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands (CNMI). Once the limit of 3,763 mt is reached in 2013 or 2014, retaining, transshipping, or landing bigeye tuna caught in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), which comprises the majority of the WCPO, would be prohibited for the remainder of the calendar year, with certain exceptions. This action is necessary for the United States to satisfy its obligations under the Convention, to which it is a Contracting Party.

NMFS implements management measures described in a regulatory amendment (Regulatory Amendment 13) to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared by the South Atlantic Fishery Management Council (Council). This final rule revises the annual catch limits (ACLs), including sector ACLs, for 37 snapper-grouper species based on updated landings data. The purpose of this rule is to ensure that the ACLs are based on the best scientific information available, and to prevent unnecessary negative socio-economic impacts to participants in the snapper-grouper fishery and fishing community that could occur if the ACLs are not revised, in accordance with the provisions set forth in the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

NMFS published a proposed rule on May 2, 2013, to implement provisions of the Shark Conservation Act of 2010 (SCA) that prohibit any person from removing any of the fins of a shark at sea, possessing shark fins on board a fishing vessel unless they are naturally attached to the corresponding carcass, transferring or receiving fins from one vessel to another at sea unless the fins are naturally attached to the corresponding carcass, landing shark fins unless they are naturally attached to the corresponding carcass, or landing shark carcasses without their fins naturally attached. NMFS proposes this action to amend existing regulations and make them consistent with the SCA. The public comment period for the proposed rule ends on June 17, 2013. NMFS is extending the public comment period for an additional 21 days, to July 8, 2013, to provide additional time for various stakeholders and other members of the public to submit comments. Additionally, this action corrects technical errors found on page 25688 under the Classification section of the proposed rule.

NMFS received an application from SAExploration, Inc. (SAE) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment only, incidental to a marine 3-dimensional (3D) ocean bottom cable (OBC) seismic surveys program in the state and federal waters of the Beaufort Sea, Alaska, during the open water season of 2013. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to SAE to take, by Level B harassment, nine species of marine mammals during the specified activity.

The National Oceanic and Atmospheric Administration (NOAA) proposes to expand the boundary of Thunder Bay National Marine Sanctuary (TBNMS or sanctuary) and revise the corresponding sanctuary terms of designation. The proposed new boundary for TBNMS would increase the size of the sanctuary from 448 square miles to 4,300 square miles and would extend protection to 47 additional known historic shipwrecks of national significance. A draft environmental impact statement has been prepared for this proposed action. NOAA is soliciting public comment on the proposed rule and draft environmental impact statement.

NMFS issues this final rule to implement Amendment 9 (Amendment 9) to the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule revises the criteria and procedures by which a South Atlantic state may request a concurrent closure of the exclusive economic zone (EEZ) to the commercial harvest of penaeid shrimp (brown, pink, and white shrimp) when state waters close as a result of severe winter weather. Amendment 9 also revises the overfished and overfishing status determination criteria for pink shrimp. The purpose of this rule is to increase the flexibility and timeliness of the criteria and process for implementing a concurrent closure of penaeid shrimp harvest in the EEZ to maximize protection of overwintering white shrimp in the South Atlantic.

NOAA Fisheries announces two inseason actions in the ocean salmon fisheries. These inseason actions modified the commercial fisheries in the area from U.S./Canada Border to Queets River.

NMFS proposes new Federal American lobster regulations that would control lobster trap fishing effort by limiting access into the lobster trap fishery in Lobster Conservation Management Area 2 (Federal nearshore waters in Southern New England; Area 2), and in the Outer Cape Cod Lobster Conservation Management Area (Federal nearshore waters east of Cape Cod, MA; Outer Cape Area). Additionally, this action would implement an individual transferable trap program for Area 2, the Outer Cape Area, and Lobster Conservation Management Area 3 (Federal offshore waters; Area 3). The proposed trap transfer program would allow Federal lobster permit holders to buy and sell all or part of a permit's trap allocation, subject to the restrictions set forth in the proposed rule.

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 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 Ad hoc Sturgeon Committee (SSC) 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.