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

NMFS is exchanging unused Community Development Quota (CDQ) for CDQ acceptable biological catch (ABC) reserves. This action is necessary to allow the 2015 total allowable catch of rock sole and yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Joint Skate Advisory Panel & Committee Meeting 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.

This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined in the agenda below.

Notice is hereby given that the Stewardship Division, Office for Coastal Management, National Ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce approves the Apalachicola, Florida National Estuarine Research Reserve Management Plan revision. The revised management plan outlines the administrative structure; the research & monitoring, education, training, and stewardship goals of the reserve; and the plans for future land acquisition and facility development to support reserve operations. The Apalachicola Reserve revised plan will replace the plan approved in 2003. The Apalachicola Reserve management plan emphasizes a fully integrated approach that links ongoing research, education, training and stewardship programs together. This integrated approach, in coordination with strategic partnerships addresses high priority reserve issues including public use and access, changing land use patterns, the loss of cultural resources, impacts of global and regional processes on ecosystems and communities, engagement with local communities, and changes in reserve habitats. Since the last management plan, the reserve has expanded its monitoring and geographic information system programs; increased staff resources; completed a site profile, established a Coastal Training Program; expanded educational programs; and constructed a new nature center and headquarters complex in the town of Eastpoint that includes laboratories, offices, classrooms, interpretative areas, and are planning interpretive trails. There is a boundary change associated with this management plan revision that will decrease their total acreage from 246,766 acres to 234,715. The change is attributable to accuracy adjustments based on improved geographic information for the site. The revised management plan will serve as the guiding document for the 234,715 acre Apalachicola Reserve for the next five years. View the Apalachicola, Florida Reserve Management Plan revision at (https:// www.dep.state.fl.us/coastal/sites/apalachicola/publications.h tm).

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the Bergerson Construction, Inc. (Bergerson) to take, by Level B harassment, small numbers of two species of marine mammals incidental to the Front Street Transload Facility construction project in Newport, Oregon, between November 1, 2015, and October 31, 2016.

Notice is hereby given that National Museum of Natural History (NMNH), Smithsonian Institution (Charles W. Potter, Responsible Party), PO Box 37012, Washington, DC 20013 has been issued a minor amendment to Scientific Research Permit No. 14628.

We, NMFS, announce a 90-day finding on a petition to list a ``Northwest Atlantic Distinct Population Segment'' (DPS) or ``United States DPS'' of thorny skate (Amblyraja radiata) as threatened or endangered under the Endangered Species Act (ESA). We find that the petition to list thorny skate presents substantial scientific or commercial information indicating that the petitioned action may be warranted. We will conduct a review of the status of the species 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 this species from any interested party.

The CFMC is considering modifying the timing for the implementation of accountability measure based closures in the EEZ and specifying how often to revisit the modification. The Council is considering these management measures in order to ensure AM-based closures successfully achieve their conservation objective at the least cost to fishers and the fishing communities, consistent with National Standard 8 the Magnuson-Stevens Fishery Conservation and Management Act. Following are the actions and management alternatives: The Amendment consists of two actions: Action 1: Modify the timimg for the implementation of AM-based closures in the EEZ.

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 in the northeast Pacific Ocean. The proposed dates for this action would be late November 2015 through November 2016. 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.

The Pacific Fishery Management Council's (Pacific Council's) Scientific and Statistical Committee (SSC) will hold an online webinar to review a revised west coast limited entry trawl individual fishing quota (IFQ) projection model developed by the Pacific Council's Groundfish Management Team (GMT). The online SSC webinar is open to the public.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Ecosystem Based Fishery Management 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 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 commercial fishing vessels to fish outside of the limited access sea scallop regulations in support of study investigating coastal spawning of winter flounder in Southern New England. 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.

This document includes two distinct but related NMFS actions. First, NMFS announces that it has denied a petition for rulemaking from Tri Marine Management Company, LLC, related to purse seine fishing effort limits in the area of competence of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Commission). Second, NMFS issues an advance notice of proposed rulemaking related to the treatment of U.S.- flagged purse seine vessels and their fishing activities in regulations implementing decisions of the Commission.

NMFS is closing the directed herring fishery in the Herring Georges Bank Haddock Accountability Measure Area based on a determination that the Georges Bank Haddock Catch Cap has been harvested. Federally permitted vessels may not fish for, possess, transfer, receive, land or sell more than 2,000 lb (907.2 kg) of Atlantic herring in or from the Herring Georges Bank Haddock Accountability Measure Area for the remainder of the fishing year. Also, vessels issued Federal permits for Atlantic herring fishing with midwater trawl gear, or vessels issued an All Areas and/or Areas 2 and 3 Limited Access Atlantic herring permit on a declared Atlantic herring trip, regardless of gear used, may not possess haddock, unless also on a declared Northeast multispecies trip with a Northeast multispecies permit.

In accordance with regulations implementing the Marine Mammal Protection Act (MMPA), notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the U.S. Navy (Navy) to take marine mammals, by harassment, incidental to Civilian Port Defense training activities within and near the Ports of Los Angeles and Long Beach, California.

NMFS issues a proposed rule to implement Amendment 44 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP) and a regulatory amendment that would modify regulations governing the Crab Rationalization (CR) Program. The proposed rule would modify regulations to reflect that a Right of First Refusal (ROFR) may continue with the current ROFR holder or a new ROFR holder when processor quota share (PQS) is transferred and would require PQS holders to make specific certifications regarding ROFR contracts when annually applying for individual processor quota (IPQ) and when transferring PQS that are subject to a ROFR. In addition, this proposed rule would amend CR Program regulations to separate the annual individual fishing quota (IFQ)/IPQ application into two separate applications, and would require that crab harvesting cooperatives list the name of each member of the cooperative in its application for IFQ rather than provide NMFS with copies of each member's IFQ application. These actions are necessary to improve available information concerning transfer and use of PQS and IPQ subject to a ROFR, thereby enhancing the ability of eligible crab communities to retain their historical processing interests in the Bering Sea and Aleutian Islands (BSAI) crab fisheries, and to improve the administration of the CR Program. These actions are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

NMFS published a notice on September 10, 2015, announcing the dates and locations of three Atlantic Shark Identification Workshops to be held during October through December of 2015. Attendance at an Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers in order to meet certain regulatory requirements and to maintain valid permits. Based upon recent analysis indicating the need for an additional workshop in the New York and southern New England area to accommodate shark dealers who purchase smooth dogfish, this notice announces a free Atlantic Shark Identification Workshop that will be conducted during December of 2015 in Bohemia, NY. Additional Atlantic Shark Identification Workshops will be conducted during 2016 and will be announced in a future notice.

The Mid-Atlantic Fishery Management Council's (MAFMC's) Summer Flounder, Scup, and Black Sea Bass Monitoring Committee will hold a public meeting.

NMFS proposes to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). If implemented, this proposed rule would withhold 4.9 percent of the 2016 red snapper commercial quota prior to the annual distribution of red snapper allocation to red snapper Individual Fishing Quota Program (IFQ) shareholders on January 1, 2016. The purpose of this proposed rule is to allow the allocations being established through Amendment 28 to the FMP (Amendment 28) to be effective for the 2016 fishing year.

This final action sets forth regulatory changes to improve the administration of the High Seas Fishing Compliance Act program and the monitoring of U.S. fishing vessels operating on the high seas. This final rule includes, for all U.S. fishing vessels operating on the high seas, adjustments to permitting and reporting procedures. It also includes requirements for the installation and operation of enhanced mobile transceiver units (EMTUs) for vessel monitoring, carrying observers on vessels, reporting of transshipments taking place on the high seas, and protection of vulnerable marine ecosystems. This final rule has been prepared to minimize duplication and to be consistent with other established requirements.

The National Marine Fisheries Service (NMFS) is correcting a temporary rule that reapportioned halibut prohibited species catch limits in the Gulf of Alaska (GOA) that published on September 11, 2015. The table in the document contained errors.

Notice is hereby given of a meeting of the U.S. Integrated Ocean Observing System (IOOS[supreg]) Advisory Committee (Committee) in St. Thomas, USVI.