National Oceanic and Atmospheric Administration March 2015 – Federal Register Recent Federal Regulation Documents

The New England Fishery Management Council's (Council) Observer Policy Committee will meet to review scientific information affecting New England fisheries in the exclusive economic zone (EEZ).

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 South Atlantic Fishery Management Council will hold a joint meeting of its Shrimp and Deepwater Shrimp APs in North Charleston, SC. The meeting is open to the public.

The National Ocean Service (NOS) of the National Oceanic and Atmospheric Administration (NOAA) publishes this notice to announce a series of webinars designed to initiate conversation between federal representatives and stakeholders on a number of topics related to harmful algal blooms (HABs) and hypoxia, as mandated by the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 (HABHRCA). HABHRCA tasks federal agencies to advance the understanding of HAB and hypoxia events, and to respond to, detect, predict, control, and mitigate these events to the greatest extent possible. The Interagency Working Group on HABHRCA (IWG-HABHRCA) is comprised of representatives from a number of federal agencies. Through these webinars, the group seeks to connect and speak with a wide range of stakeholders, including relevant management and planning bodies, resource officials, economists, tribal resource management officials, scientists and public health experts, industries affected by HABs and hypoxia, nonprofit groups, the general public, and others. The IWG-HABHRCA would like to consult with stakeholders on topics such as: Regional priorities for ecological, economic, and social research on the causes and impacts of HABs and hypoxia, needs for improved monitoring and early warning, and new approaches to prevention, control, and mitigation; Communication and information dissemination methods that state, tribal, and local governments may undertake to educate and inform the public concerning HABs and hypoxia; and Perceived needs for handling HAB and hypoxia events, as well as an action strategy for managing future situations.

The SEDAR 41 assessments of the South Atlantic stocks of red snapper and gray triggerfish will consist of a series of workshops and webinars: Data Workshops; an Assessment Process; and a Review Workshop. This notice is for a webinar associated with the Data portion of the SEDAR process. See SUPPLEMENTARY INFORMATION.

The Western Pacific Fishery Management Council (Council) will hold meetings of its Joint Hawaii, Marianas and American Samoa Archipelago Plan Team (Joint PT) and the Council's Fishery Data Collection and Research CommitteeTechnical Committee (FDCRC-TC). The Joint PT will review the status of the nearshore fisheries, data collection and research issues and improvements, evaluation of the 2014 catch and Annual Catch Limit (ACL) specifications, developing a Cooperative Research framework and review the essential fish habitat (EFH) and habitat area of particular concern criteria for the Western Pacific Region. The FDCRC-TC will review the status of the data collection projects, determine priority tasks, schedule, and assignments as well as develop an omnibus FDCRC proposal.

NMFS issues regulations to implement Amendment 32 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 rule removes blueline tilefish from the deep-water complex; establishes blueline tilefish commercial and recreational sector annual catch limits (ACLs) and accountability measures (AMs); revises the deep-water complex ACLs and AMs; establishes a blueline tilefish commercial trip limit; and revises the blueline tilefish recreational bag limit. The purpose of this rule is to specify ACLs and AMs for blueline tilefish to end overfishing of the stock and maintain catch levels consistent with achieving optimum yield (OY) for the blueline tilefish resource.

We, NMFS, are accepting two 2010 petitions to list porbeagle sharks (Lamna nasus) on the Federal List of Endangered and Threatened Wildlife under the Endangered Species Act (ESA) of 1973, as amended. This action is being taken in response to a December 12, 2014, U.S. District Court decision that our previous rejection of the petitions in 2010 was arbitrary and capricious. To ensure a comprehensive review, we are soliciting scientific and commercial data and other information relevant to the status of porbeagle sharks worldwide. We will publish the results of that review and will make a finding as to whether the petitioned action is or is not warranted on or before December 12, 2015.

NMFS issues regulations to implement Amendment 31 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). These regulations revise the rules governing the acquisition, use, and retention of quota share established for captains and crew, known as crew quota share or C shares, under the Crab Rationalization Program (CR Program). Regulations implementing Amendment 31 temporarily expand the eligibility requirements for individuals wishing to acquire C share Quota Share (QS) by transfer; establish minimum participation requirements for C share QS holders to be eligible to receive an annual allocation of Individual Fishing Quota (IFQ); establish minimum participation requirements for C share QS holders to be eligible to retain their C share QS and an administrative process for revocation of an individual's C share QS if he or she fails to satisfy the minimum participation requirements; establish a regulatory mechanism to ensure that three percent of the total allowable catch (TAC) for each CR Program crab fishery is allocated as IFQ to holders of C share QS; and remove the prohibition on leasing C share IFQ. In addition, this final rule implements a regulatory amendment to the CR Program that: Establishes an earlier deadline for filing annual IFQ, individual processing quota (IPQ), and crab harvesting cooperative IFQ applications, which increases the amount of time during which NMFS will suspend the processing of IFQ and IPQ transfer applications; shortens the amount of time in which to appeal an initial administrative determination to withhold issuance of IFQ or IPQ; and provides that an applicant's proof of timely filing for IFQ, IPQ, or cooperative IFQ creates a presumption of timely filing. Finally, this final rule revises the reporting period and due date for CR Program registered crab receiver (RCR) Ex-vessel Volume and Value Reports. This final rule is necessary to ensure that individuals who hold C shares are active in the CR Program fisheries and to ensure that application deadlines provide adequate time to resolve disputes. This final rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the FMP, and other applicable laws.

NMFS is announcing the withdrawal of a draft Environmental Impact Statement (EIS) that was being prepared on two resource management plans (RMPs) and 114 supporting hatchery and genetic management plans (HGMPs) for Puget Sound hatchery programs. The plans were submitted to NMFS by the Washington Department of Fish and Wildlife and the Puget Sound treaty tribes (referred to as the co- managers) for evaluation under the Endangered Species Act (ESA) for threatened Puget Sound Chinook salmon and Puget Sound steelhead. Subsequent to the notice of intent to prepare an EIS in 2004, the co- managers have made important changes in hatchery programs for salmon and steelhead. Changes in the programs and updated information important for analysis are being reflected in revised joint RMPs that are generally organized on a watershed-specific basis. In light of this and the ongoing submissions of revised watershed-specific joint hatchery RMPs and considering public comments received on the draft EIS, NMFS has determined that it is appropriate to withdraw the draft EIS. NMFS will conduct NEPA reviews for the revised RMPs that are jointly submitted to NMFS by the co-managers.

Notice is hereby given that the Alaska Department of Fish and Game (ADFG) [Responsible Party: Robert Small, Ph.D., 1255 West 8th Street, Juneau, Alaska 99811-5526] has applied in due form for a permit to conduct research on bowhead (Balaena mysticetus), gray (Eschrichtius robustus), humpback (Megaptera novaeangliae) and beluga (Delphinapterus leucas) whales.

Notice is hereby given that Mark Flint, University of Florida, School of Forest Resources and Conservation, 529 Ellsberry Road, Apollo Beach, FL 33572 has applied in due form for a permit to take loggerhead (Caretta caretta), Kemp's ridley (Lepidochelys kempii), green (Chelonia mydas) and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

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

The SEDAR 42 assessment of Gulf of Mexico Red Grouper will consist of a series of webinars. This notice is for a webinar associated with the Assessment portion of the SEDAR process. See SUPPLEMENTARY INFORMATION.

NMFS is implementing regulations consistent with Framework Adjustment 8 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. This action allows the black sea bass recreational fishery to begin on May 15 of each year, instead of May 19, to provide additional fishing opportunities earlier in the year, unless otherwise modified by further rulemaking.

The Advisory Committee (Committee) to the U.S. Section to the International Commission for the Conservation of Atlantic Tunas (ICCAT) announces its annual spring meeting on April 8-9, 2015.

In this final rule, NMFS establishes requirements for fishing in the Pacific Remote Islands Marine National Monument Expansion. This final rule implements fishery management measures required by Presidential Proclamation 9173.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Electronic Monitoring Working Group 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.

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 Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration. This Exempted Fishing Permit would allow one commercial fishing vessel to fish outside of the limited access scallop days-at-sea program in support of research conducted by the National Fisheries Institute that is investigating scallop incidental mortality in the scallop dredge fishery. Additionally, the Exempted Fishing Permit would exempt participating vessels from the crew size restriction; mesh size restrictions; obstruction in gear restrictions; and possession limits and minimum size requirements for sampling purposes only. 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 Mid-Atlantic Fishery Management Council will hold six scoping hearings in April 2015 for an Amendment to the Fishery Management Plan (FMP) for Atlantic Mackerel, Squid, and Butterfish (MSB). The current focus of the amendment is to consider alternatives to reduce the capacities of the longfin squid and Illex squid fleets as defined by vessels with limited access permits. At the scoping hearings the Council will also take any general comments on MSB fishery management, which could inform future Council actions besides this Amendment. There will also be a separate written comment period for Amendment scoping, which will be described in an upcoming Federal Register announcement as a ``Notice of Intent (NOI)'' to potentially develop an EIS that accompanies the Amendment. That NOI will also contain information regarding these scoping hearings, but to provide the public with sufficient advance notice of the hearings, this notice is being published now since the NOI will likely publish shortly before the scoping hearings.

The South Atlantic Fishery Management Council will hold a meeting of its Habitat and Environmental Protection (Habitat) Advisory Panel (AP) in N. Charleston, SC. The meeting is open to the public.

The green sea turtle (Chelonia mydas; hereafter referred to as the green turtle) is currently listed under the Endangered Species Act (ESA) as a threatened species, with the exception of the Florida and Mexican Pacific coast breeding populations, which are listed as endangered. We, NMFS and USFWS, find that the green turtle is composed of 11 distinct population segments (DPSs) that qualify as ``species'' for listing under the ESA. We propose to remove the current range-wide listing and, in its place, list eight DPSs as threatened and three as endangered. We also propose to apply existing protective regulations to the DPSs. We solicit comments on these proposed actions. Although not determinable at this time, designation of critical habitat may be prudent, and we solicit relevant information for those DPSs occurring within U.S. jurisdiction. In the interim, we propose to continue the existing critical habitat designation (i.e., waters surrounding Culebra Island, Puerto Rico) in effect for the North Atlantic DPS. This proposed rule also constitutes the 12-month finding on a petition to reclassify the Hawaiian green turtle population as a DPS and to delist that DPS. Although we find the Hawaiian green turtle population to constitute a DPS (referred to in this proposed rule as the Central North Pacific DPS), we do not find delisting warranted. A public hearing will be held in Hawai`i. Interested parties may provide oral or written comments at this hearing.

We are issuing this notice to advise the public that NMFS has prepared a new Draft Environmental Impact Statement (DEIS) in response to the Makah Tribe's request that NMFS waive the take moratorium of the Marine Mammal Protection Act (MMPA) to allow for treaty right hunting of eastern North Pacific (ENP) gray whales in usual and accustomed grounds off the coast of Washington State. We are requesting written comments on the DEIS and announcing the dates and locations of two public meetings regarding the DEIS.