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

NMFS is reallocating the projected unused amounts of the Aleut Corporation's and the Community Development Quota pollock directed fishing allowances from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2013 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.

NMFS has evaluated the Tribal Resource Management Plan (Plan) submitted by the Shoshone-Bannock Tribes (Tribes) to NMFS pursuant to the limitation on take prohibitions for actions conducted under the Tribal Rule of section 4(d) for salmon and steelhead promulgated under the Endangered Species Act (ESA). The plan specifies fishery management activities in the Salmon River sub basin of Idaho. This document serves to notify the public that NMFS, by delegated authority from the Secretary of Commerce, has determined pursuant to the ESA Tribal 4(d) Rule for salmon and steelhead that implementing and enforcing the Plan will not appreciably reduce the likelihood of survival and recovery of ESA-listed salmon and steelhead.

The National Marine Fisheries Service (NMFS) announces the availability for public review of the draft Recovery Plan (Plan) for the North Pacific right whale (Eubalaena japonica). NMFS is soliciting review and comment from the public and all interested parties on the Plan, and will consider all substantive comments received during the review period before submitting the Plan for final approval.

NMFS is prohibiting directed fishing for Pacific cod by catcher/processors (C/Ps) using trawl gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2013 Pacific cod total allowable catch apportioned to C/Ps using trawl gear in the Western Regulatory Area of the GOA.

The SEDAR 32 assessments of the South Atlantic stocks of gray triggerfish and blueline tilefish will consist of: a Data Workshop; a series of Assessment Webinars; and a Review Workshop. See SUPPLEMENTARY INFORMATION.

The ONMS is seeking applications for the following vacant seats on the Monterey Bay National Marine Sanctuary Advisory Council: Agriculture (1), Business/Industry (1), and Education (1). 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 should expect to serve until February 2016.

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

The Mid-Atlantic Fishery Management Council's (Council) Highly Migratory Species Committee (HMS) will hold a public meeting.

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.

NMFS is extending the temporary rule that delayed or revised several portions of the Pacific Coast Groundfish Fishery Trawl Rationalization Program (program) regulations. This emergency rule extension is necessary to enable the National Marine Fisheries Service (NMFS) to comply with a court order requiring NMFS to reconsider the initial allocation of Pacific whiting (whiting) to the shorebased Individual Fishing Quota (IFQ) fishery and the at-sea mothership fishery. This extension of the temporary, emergency rule affects the transfer of Quota Share (QS) and Individual Bycatch Quota (IBQ) between QS accounts in the shorebased IFQ fishery, and severability in the mothership fishery, both of which will be delayed until NMFS can complete reconsideration of whiting allocations in the shorebased IFQ fishery and the at-sea mothership fishery.

Notice is hereby given that South Carolina Department of Natural Resources, 217 Ft. Johnson Rd., Charleston, SC 29412, has requested a modification to scientific research Permit No. 13543.

NMFS is implementing 2013-2015 specifications and management measures for Atlantic mackerel, and 2013 specifications for butterfish. Specifications for longfin squid and Illex squid were set for 3 years in 2012 (2012-2014) and therefore are not included in this year's specification rulemaking. These final specifications also implement regulatory changes to the longfin squid fishery, the butterfish mortality cap to avoid 1-2 week closures at the end of a Trimester, and the pre-trip observer notification for longfin squid trips landing over 2,500 lb (1.3 mt) from 72 to 48 hr. Compared to 2012, the butterfish domestic annual harvest implemented in this action (2,570 mt) represents an increase of 1,698 mt over the 2012 domestic annual harvest (872 mt). The butterfish mortality cap implemented in this action (4,464 mt) represents an increase of 1,299-mt over the current 2012 cap level (3,165 mt). Due to the increase in the proposed butterfish quota, this action also implements a variety of management measures for controlling effort in the directed butterfish fishery, including changes to trip limits, the closure threshold for the directed fishery, and post-closure trip limits. Finally, this rule implements minor corrections to existing regulatory text, to clarify the intent of the regulations. These specifications and management measures promote the utilization and conservation of the Atlantic mackerel, squid, and butterfish resource.

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.