National Oceanic and Atmospheric Administration February 24, 2014 – Federal Register Recent Federal Regulation Documents

Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Air Force Launches, Aircraft and Helicopter Operations, and Harbor Activities Related to Launch Vehicles From Vandenberg Air Force Base (VAFB), California
Document Number: 2014-03958
Type: Rule
Date: 2014-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS, upon application from the U.S. Air Force (USAF), is issuing regulations pursuant to the Marine Mammal Protection Act (MMPA) to govern the unintentional taking of marine mammals incidental to launches, aircraft and helicopter operations from VAFB launch complexes and Delta Mariner operations, cargo unloading activities, and harbor maintenance dredging in support of the Delta IV/Evolved Expendable Launch Vehicle (EELV) launch activity on south VAFB for the period March 2014 to March 2019. These regulations, which allow for the issuance of Letters of Authorization (LOAs) 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.
Criteria To Assist the Assistant Administrator in Determining if an Observer Program is Qualified and Authorized
Document Number: 2014-03945
Type: Notice
Date: 2014-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS requests comments on criteria to determine if observers participating in observer programs are qualified and authorized to certify that no dolphins were killed or seriously injured in the sets or other gear deployments in which the tuna were caught and, if applicable, that no purse seine net was intentionally deployed on or used to encircle dolphins during the fishing trip in which the tuna were caught. The criteria are intended to assist the Assistant Administrator for Fisheries when making a determination of whether an observer program is ``qualified and authorized'' for purposes of the dolphin-safe labeling program under the Dolphin Protection Consumer Information Act.
Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List 10 Species of Skates and Rays and 15 Species of Bony Fishes as Threatened or Endangered Under the Endangered Species Act
Document Number: 2014-03942
Type: Notice
Date: 2014-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We (NMFS) announce a 90-day finding on a petition to list 10 species of skates and rays and 15 species of bony fishes as threatened or endangered under the Endangered Species Act (ESA). We find that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted for five species of skates and rays: Dasyatis margarita, Electrolux addisoni, Okamejei pita, Pastinachus solocirostris, and Trygonorrhina melaleuca. We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted for five species of skates and rays: Bathyraja griseocauda, Raja undulata, Rhinobatos cemiculus, R. horkelii, and R. rhinobatos. We also find that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted for ten species of bony fishes: Argyrosomus hololepidotus, Azurina eupalama, Chaetodontoplus vanderloosi, Colpichthys hubbsi, Enneapterygius namarrgon, Halichoeres socialis, Paraclinus magdalenae, Paraclinus walkeri, Paralabrax albomaculatus, and Tomicodon abuelorum. And we find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted for five species of bony fishes: Latimeria chalumnae, Mycteroperca fusca, Mycteroperca jordani, Pterapogon kauderni, and Scarus trispinosus. Therefore, we will conduct a status review of the 10 species of skates and rays and bony fishes to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information pertaining to these petitioned species from any interested party. In addition to the petitions to list these species, the petitioner has requested that we list the coelacanth Latimeria menadoensis based on similarity of appearance to Latimeria chalumnae. If we determine that L. chalumnae warrants listing under the ESA, we will make a determination on the petitioner's request to list L. menadoensis based on similarity of appearance at a later date.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Highly Migratory Species; Withdrawal of Emergency Regulations Related to the Deepwater Horizon MC252 Oil Spill
Document Number: 2014-03914
Type: Rule
Date: 2014-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS terminates the emergency regulations promulgated in response to the Deepwater Horizon MC252 oil spill. The circumstances that created the need for emergency short-term fishing closures no longer exist. As of April 19, 2011, NMFS reopened all areas of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) that were previously closed to all fishing because of the oil spill. NMFS has worked closely with the U.S. Food and Drug Administration (FDA) to assess whether seafood from the Gulf EEZ is tainted or contaminated to levels that pose a risk to human health. NMFS and FDA have determined that seafood from all previously closed areas of the Gulf EEZ due to the oil spill is safe for human consumption. Therefore, NMFS withdraws the emergency regulations that established a protocol for closing and reopening portions of the Gulf, South Atlantic, and Caribbean EEZ that were or could potentially be affected by the oil spill. The intent of this rule is to withdraw the now obsolete regulations from the codified text. While NMFS and FDA determined that seafood from areas previously closed due to the oil spill is safe for human consumption, NOAA and other natural resource trustees continue to study the impacts of the oil spill through the natural resource damage assessment process to identify the extent of injuries to natural resources and services, as well as the proposed restoration alternatives to compensate for such injuries.
Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program
Document Number: 2014-03910
Type: Rule
Date: 2014-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS adopts a final rule that modifies the vessel ownership requirement for an exemption from the owner-on-board requirement in the Individual Fishing Quota (IFQ) Program for the fixed-gear commercial Pacific halibut and sablefish fisheries off Alaska. This rule imposes a 12-month vessel ownership requirement on initial individual recipients of quota share (QS) who wish an exemption from the owner-on-board requirement and who wish to use a hired master to harvest their IFQ. For the 12-month period prior to applying to use a hired master, an individual QS holder must own a minimum 20-percent interest in the vessel that the hired master will use to fish the IFQ on behalf of the individual QS holder. The rule temporarily suspends the 12-month vessel ownership requirement for an initial individual recipient of QS whose vessel has been totally lost, irreparably damaged, or so damaged that the vessel requires at least 60 days for repairs. This action is intended to maintain a predominantly owner-operated fishery in the Pacific halibut and sablefish fisheries. 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 Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, the Fishery Management Plan for Groundfish of the Gulf of Alaska, and other applicable laws. This rule will go into effect 13 months after the publication of the rule in the Federal Register.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 14
Document Number: 2014-03906
Type: Rule
Date: 2014-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This rule implements approved measures in Amendment 14 to the Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan (FMP). Amendment 14 was developed by the Mid-Atlantic Fishery Management Council (Council) to improve the catch monitoring program for the MSB fisheries, with a focus on better evaluation of the incidental catch of river herring and shad, and to address river herring and shad bycatch issues in the mackerel fishery. The approved measures include: Revising vessel reporting requirements (vessel trip reporting frequency, pre-trip and pre-landing vessel notification requirements, and requirements for vessel monitoring systems); expanding vessel requirements to maximize observer's ability to sample catch at-sea; minimizing the discarding of unsampled catch; and a measure to allow the Council to set a cap on river herring and shad catch in the Atlantic mackerel fishery. NMFS disapproved three measures in Amendment 14: A dealer reporting requirement; a cap that, if achieved, would require vessels discarding catch before it had been sampled by observers (known as slippage) to return to port; and a requirement for increased observer coverage on limited access midwater trawl and small-mesh bottom trawl mackerel trips, coupled with an industry contribution of $325 per day toward observer costs. NMFS disapproved these measures because it determined that they are inconsistent with the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and other applicable law. Therefore, these three measures are not implemented in this action.
Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting
Document Number: 2014-03816
Type: Notice
Date: 2014-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Oculina Experimental Closed Area Evaluation Team will discuss the Oculina Experimental Closed Area via webinar and a series of breakout sessions. See SUPPLEMENTARY INFORMATION.
Endangered and Threatened Species; Take of Anadromous Fish
Document Number: 2014-03806
Type: Notice
Date: 2014-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS has issued Permit 17913 to Stillwater Sciences, Permit 17551 and Permit 18181 to the California Department of Fish and Wildlife (CDFW), and Permit 1415 to the United States Fish and Wildlife Service (USFWS).
Proposed Information Collection; Comment Request; Reporting Requirements for the Ocean Salmon Fishery Off the Coasts of Washington, Oregon, and California
Document Number: 2014-03779
Type: Notice
Date: 2014-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
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