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

Notice is hereby given that NMFS Southeast Fisheries Center (SEFSC) (hereinafter ``Permit Holder''); 75 Virginia Beach Drive, Miami, FL 33149 [Responsible Party: Bonnie Ponwith, Ph.D.], has been issued a permit to take smalltooth sawfish (Pristis pectinata) in Florida waters for purposes of scientific research.

The Gulf of Mexico Fishery Management Council (Council) will hold a meeting of its Law Enforcement Advisory Panel (LEAP) in conjunction with the Gulf States Marine Fisheries Commission's Law Enforcement Committee (LEC).

The South Atlantic Fishery Management Council (SAFMC) will hold a meeting of its Dolphin Wahoo Advisory Panel (AP) in North Charleston, SC.

NMFS issues this proposed rule for the 2014 Pacific whiting fishery under the authority of the Pacific Coast Groundfish Fishery Management Plan (FMP), the Magnuson Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and the Pacific Whiting Act of 2006. This proposed rule would allocate 17.5 percent of the U.S. Total Allowable Catch of Pacific whiting for 2014 to Pacific Coast Indian tribes that have a Treaty right to harvest groundfish.

The National Oceanic and Atmospheric Administration (NOAA) announces the availability of draft revisions to NOAA's Policy for the Assessment of Civil Administrative Penalties and Permit Sanctions (Penalty Policy) for public review and comment. The revisions to the policy will improve enforcement consistency nationally, increase predictability in enforcement, improve transparency in enforcement, and more effectively protect natural resources.

The Mid-Atlantic Fishery Management Council's Summer Flounder, Scup, and Black Sea Bass Advisory Panel and the Mackerel, Squid, and Butterfish Advisory Panel are meeting to provide input to the Council on potential options to modify the Scup Gear Restricted Areas.

The Gulf of Mexico Fishery Management Council (Council) will hold public hearings for Red Snapper AllocationAmendment 28.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Research Steering Committee.

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.

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.

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.

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.

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 Western Pacific Fishery Management Council (Council) will hold meetings of its 115th Scientific and Statistical Committee (SSC) and its 159th Council meeting to take actions on fishery management issues in the Western Pacific Region. The Council will also convene meetings of the Marianas Plan Team (PT), Guam Regional Ecosystem Advisory Committee (REAC), the Commonwealth of the Northern Marianas (CNMI) REAC, the Mariana Archipelago Advisory Panel (AP) and the Council's Program Planning Standing Committee and Executive and Budget Standing Committee.

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 issues regulations to implement Amendment 95 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). These regulations modify halibut prohibited species catch (PSC) management in the Gulf of Alaska (GOA) by establishing halibut PSC limits for the GOA in Federal regulation and reducing the GOA halibut PSC limits for the trawl and hook-and-line gear sectors. The reduction to the trawl gear PSC limit also proportionately reduces a subset of trawl halibut PSC limits (also called sideboard limits) for American Fisheries Act, Amendment 80, and Central GOA Rockfish Program vessels. These regulations also incorporate three measures to minimize adverse economic impacts on fishing industry sectors. First, the reductions for these sectors will be phased-in over 3 years. Second, this action allows the Amendment 80 sector to roll over unused halibut PSC sideboard limits from one season to the subsequent season. Third, this action combines management of the deep-water and shallow-water halibut PSC limits from May 15 to June 30, which allows the aggregate halibut PSC limit to be used in either the deep-water or shallow-water fishery. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

NMFS announces its intent to prepare a supplemental environmental impact statement (SEIS) in accordance with the National Environmental Policy Act of 1969. The SEIS will evaluate proposed changes in the management of the northern fur seal subsistence harvest on St. George Island, AK. The SEIS will supplement the 2005 Final Environmental Impact Statement for Setting the Annual Subsistence Harvest of Northern Fur Seals on the Pribilof Islands. NMFS decided to prepare an SEIS because the proposed action would make substantial changes to the action analyzed in the 2005 EIS that are relevant to environmental effects.

NMFS is prohibiting directed fishing for Atka mackerel in the Central Aleutian district (CAI) of the Bering Sea and Aleutian Island management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the A season allowance of the 2014 Atka mackerel total allowable catch (TAC) in the CAI allocated to vessels participating in the BSAI trawl limited access fishery.

This action would revise Pacific Coast Groundfish Fishery regulations pertaining to certified catch monitors and certified observers required for vessels in the Shorebased Individual Fishery Quota Program, the Mothership Coop Program, the Catcher/Processor Coop Program, and for processing vessels in the fixed gear or open access fisheries. This action also specifies permitting requirements for persons interested in providing certified observers and certified catch monitor services; updates observer provider and vessels responsibilities relative to observer safety; makes minor revisions relative to administration of the programs, and proposes numerous housekeeping measures. This action affects individuals serving as certified catch monitors and observers, persons that provide certified catch monitors and observers, vessels that are required to carry certified observers, and persons that are required to employ the services of certified catch monitors.

NMFS has received an application from the St. George Reef Lighthouse Preservation Society (Society), for an Incidental Harassment Authorization (Authorization) 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. The proposed dates for this action would be April 2014 through March 2015. Per the Marine Mammal Protection Act, we are requesting comments on our proposal to issue an Authorization to the Society to incidentally take, by Level B harassment only, marine mammals during the specified activity.

Notice is hereby given that Alejandro Acevedo- Guti[eacute]rrez, Ph.D. of Western Washington University's Department of Biology, 516 High Street, Bellingham, WA 98225, has applied in due form for a permit to conduct research on harbor seals (Phoca vitulina).

The Scientific and Statistical Committee (SSC) and the Tilefish Monitoring Committee of the Mid-Atlantic Fishery Management Council (Council) will hold meetings.

The Office of National Geodetic Survey has adjusted the Nation's Shoreline Compilation Scale for more efficient application to the primary product that it supports, NOAA Nautical Charts. The current requirement is ``For any portion of a project area, the Compilation Scale within that portion is equal to two times the scale of the largest scale chart or chart inset that includes that portion. However, the Compilation Scale will be neither smaller than 1:20,000 nor larger than 1:2,500.'' The new requirement is ``For any portion of a project area, the Compilation Scale within that portion will be equal to the scale of the largest scale NOAA Nautical Chart or chart inset. However, the Compilation Scale will be neither smaller than 1:24,000 nor larger than 1:2,500.''

This rule implements approved measures in Amendment 5 to the Atlantic Herring Fishery Management Plan (FMP). Amendment 5 was developed by the New England Fishery Management Council (Council) to: Improve the collection of real-time, accurate catch information; enhance the monitoring and sampling of catch at-sea; and address bycatch issues through responsible management. The approved measures include: Revising fishery management program provisions (permitting provisions, vessel notification requirements, measures to address herring carrier vessels, regulatory definitions, and requirements for vessel monitoring systems); expanding vessel requirements to maximize observers' ability to sample catch at-sea; minimizing the discarding of unsampled catch (commonly known as slippage); addressing the incidental catch and bycatch of river herring; and revising the criteria for midwater trawl vessels' access to Northeast multispecies (groundfish) closed areas. NMFS disapproved three measures in Amendment 5. These measures included: 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 100-percent observer coverage on Category A and B vessels, coupled with an industry contribution of $325 per day toward observer costs. NMFS disapproved these three measures because it believes 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.

In addition to a meeting of the Law Enforcement Advisory Panel (AP), the South Atlantic Fishery Management Council (Council) will hold a joint meeting of the Law Enforcement Committee and Law Enforcement AP as well as a joint committee meeting of the Habitat & Environmental Protection Committee and Ecosystem-Based Management Committee. The Council will also hold meetings of the: Southeast Data, Assessment and Review Committee (partially Closed Session); Protected Resources Committee; Snapper Grouper Committee; King & Spanish Mackerel Committee; Executive Finance Committee; Dolphin Wahoo Committee; Data Collection Committee; and a meeting of the Full Council. The Council will take action as necessary. The Council will also hold an informal public question and answer session regarding agenda items and a formal public comment session.