National Oceanic and Atmospheric Administration June 30, 2014 – Federal Register Recent Federal Regulation Documents
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National Environmental Policy Act Compliance for Council-Initiated Fishery Management Actions Under the Magnuson-Stevens Act
The purpose of this notice is to notify the public that on February 19, 2013, NMFS issued an internal policy pertaining to complying with NEPA in the context of Magnuson-Stevens Act (MSA) fishery management actions. This policy, entitled ``National Environmental Policy Act Compliance for Council-Initiated Fishery Management Actions under the Magnuson-Stevens Act'' (the policy) clarifies roles and responsibilities of NMFS and the Regional Fishery Management Councils (Council or FMCs), explains timing and procedural linkages, provides guidance on documentation needs, and fosters partnerships and cooperation between NMFS and FMCs on NEPA compliance. NMFS consulted with the Councils and with the Council on Environmental Quality (CEQ) on proposed revisions to the 2013 NMFS NEPA policy directive, and based on those consultations NMFS now proposes to use this policy as a basis for issuing revised and updated NEPA procedures for MSA actions in the form of a line-office supplement to NOAA Administrative Order (NAO) 216-6.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
NMFS has made a preliminary determination that an application for an Exempted Fishing Permit (EFP) warrants further consideration and an opportunity for public comment. The application was submitted by the owner and operator of an Atlantic tunas Purse Seine category-permitted vessel, requesting an exemption from annual incidental purse seine retention limit on the harvest of large medium Atlantic bluefin tuna (BFT) (i.e., measuring 73 to less than 81 inches curved fork length). The applicants propose that NMFS, through issuance of the EFP, assess the possibility of reducing regulatory discards related to this limit to increase the likelihood of harvesting the vessel's individual purse seine vessel BFT quota and the category subquota overall. NMFS is interested in assessing this possibility consistent with the purposes of EFPs and the associated data that could be gathered through such an EFP and requests public comment on the information provided in this notice and the application submitted.
Permits; Foreign Fishing
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.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Geohazard Survey in the Beaufort Sea, Alaska
In accordance with the Marine Mammal Protection Act (MMPA) regulations, notice is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to BP Exploration (Alaska) Inc. (BP) to take marine mammals, by harassment, incidental to conducting a shallow geohazard survey in Foggy Island Bay, Beaufort Sea, Alaska, during the 2014 open water season.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a 3D Seismic Survey in Prudhoe Bay, Beaufort Sea, Alaska
In accordance with the Marine Mammal Protection Act (MMPA) regulations, notice is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to BP Exploration (Alaska) Inc. (BP) to take marine mammals, by harassment, incidental to conducting an ocean- bottom sensor seismic survey in Prudhoe Bay, Beaufort Sea, Alaska, during the 2014 open water season.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Conductor Pipe Installation Activities at Harmony Platform in Santa Barbara Channel Offshore of California
NMFS has received an application from ExxonMobil Production Company (ExxonMobil), a Division of ExxonMobil Corporation, for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to installing six conductor pipes via hydraulic hammer driving at the Harmony Platform, Santa Ynez Production Unit, located in the Santa Barbara Channel offshore of California. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to ExxonMobil to incidentally harass, by Level B harassment only, 30 species of marine mammals during the specified activity.
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; Amendment 105; Bering Sea and Aleutian Islands Flatfish Harvest Specifications Flexibility
NMFS issues a proposed rule that would implement Amendment 105 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP). If approved, Amendment 105 would establish a process for Western Alaska Community Development Quota (CDQ) groups, and cooperatives established under the Amendment 80 Program (Amendment 80 cooperatives), to exchange harvest quota from one of three flatfish species (flathead sole, rock sole, and yellowfin sole) for an equal amount of another of these three flatfish species, while maintaining total catch below acceptable biological catch (ABC) limits. This action would modify the annual harvest specification process to allow the North Pacific Fishery Management Council (Council) to establish the maximum amount of flathead sole, rock sole, and yellowfin sole that may be exchanged based on social, economic, or biological considerations. This action is necessary to mitigate the operational variability, environmental conditions, and economic factors that may constrain the CDQ groups and Amendment 80 cooperatives from achieving, on a continuing basis, the optimum yield (OY) in the BSAI groundfish fisheries. This action is intended to promote the goals and objectives of the BSAI FMP, the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and other applicable law.
Fisheries Financing Program; Construction of New Replacement Fishing Vessels
NMFS issues this advance notice of proposed rulemaking (ANPR) to provide background information and request public comment on potential amendments to the regulations governing the Fisheries Financing Program (FFP) that address several specific issues currently affecting fishers and fishing companies, and to identify specific measures that might address these issues. NMFS is requesting public comment regarding the potential implementation of changes to the current prohibitions against using the FFP to finance the cost of new vessel construction and a vessel refurbishing project that materially increases an existing vessel's harvesting capacity.
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