National Oceanic and Atmospheric Administration November 2016 – Federal Register Recent Federal Regulation Documents

The NMFS Assistant Administrator (Assistant Administrator) has issued affirmative finding annual renewals for the Governments of Ecuador, El Salvador, Guatemala, Mexico, and Spain (Hereafter known as ``The Nations'') under the Marine Mammal Protection Act (MMPA). These affirmative finding annual renewals will allow yellowfin tuna and yellowfin tuna products harvested in the eastern tropical Pacific Ocean (ETP) in compliance with the Agreement on the International Dolphin Conservation Program (AIDCP) by The Nations' flagged purse seine vessels or purse seine vessels operating under The Nations' jurisdiction to be imported into the United States. The affirmative finding annual renewals were based on reviews of documentary evidence submitted by the Governments of The Nations and by information obtained from the Inter-American Tropical Tuna Commission (IATTC).

Notice is hereby given that a document entitled, ``Draft Environmental Assessment for the Bluefield Holdings, Inc. Site 2 Shoreline Restoration Project Credits Purchase'' (Draft EA) is available for public review and comment. This document has been prepared by the state, tribal, and Federal natural resource trustee agencies (the ``Trustees'')NOAA, United States Fish & Wildlife Service (USFWS) acting on behalf of the U.S. Department of the Interior (DOI), Washington Department of Ecology (as lead State trustee), Washington Department of Fish and Wildlife, Muckleshoot Indian Tribe, and the Suquamish Tribeto evaluate potential impacts to the environment from purchasing 30 credits in the Bluefield Holdings, Inc. Site 2 Shoreline Restoration Project (Site 2). The proposed credits purchase in the Site 2 project is a component of the overall effort to restore natural resources and resource services that have been injured and lost resulting from releases of hazardous substances into the Lower Duwamish River (LDR). This draft EA is tiered from the June 2013 Final LDR NRDA Restoration Plan and Programmatic Environmental Impact Statement (RP/EIS). The EA describes the Trustees' proposed plan to purchase 30 credits in the Site 2 project. The purchase would utilize a portion of the funds provided to the Trustees from the Pacific Sound Resources settlement (United States et al. v. Pacific Sound Resources et al., Civ. No. C94-687 (W.D. Wash. Aug. 29, 1994)). The Trustees may only use these funds for restoration purposes. The Trustees will consider comments received during the public comment period before finalizing this EA.

OAR publishes this notice to solicit applications to fill a single membership vacancy on the Ocean Exploration Advisory Board (OEAB) with an individual demonstrating expertise in data science and management and one other area of expertise relevant to ocean exploration, such as seafloor mapping. The new OEAB member will serve an initial three-year term, renewable once. The purpose of the OEAB is to advise the Under Secretary of Commerce for Oceans and Atmosphere on matters pertaining to ocean exploration including: The identification of priority areas that warrant exploration; the development and enhancement of technologies for exploring the oceans; managing the data and information; and disseminating the results. The OEAB also provides advice on the relevance of the program with regard to the NOAA Strategic Plan, the National Ocean Policy Implementation Plan, and other appropriate guidance documents.

NMFS implements accountability measures (AMs) for the recreational sector of greater amberjack in the exclusive economic zone (EEZ) of the South Atlantic for the current fishing year through this temporary rule. NMFS estimates that recreational landings have reached the recreational annual catch limit (ACL) for greater amberjack in the South Atlantic. Therefore, NMFS closes the recreational sector for greater amberjack in the South Atlantic exclusive economic zone (EEZ) through the remainder of the current fishing year (see DATES). This closure is necessary to protect the greater amberjack resource in the South Atlantic.

The Mid-Atlantic Fishery Management Council (Council) will hold public meetings of the Council and its Committees.

The Puerto Rico Fishers Spiny Lobster Data Collection Initiative will meet in December in St. Thomas, USVI.

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 the NOAA Fisheries Draft National Bycatch Reduction Strategy.

This notice announces receipt of an exempted fishing permit (EFP) application from the Alaska Seafood Cooperative (AKSC). If granted, this permit would allow up to ten vessels to participate in the EFPup to five AKSC-member Amendment 80 vessels would be allowed to conduct experimental fishing in two subareas of the Bering Sea that are closed to fishing with trawl gear, and five additional AKSC-member Amendment 80 vessels would conduct experimental fishing adjacent to the closed areas. Under the permit, experimental fishing with non-pelagic trawl gear would be authorized in Reporting Area 516 of Zone 1 that is otherwise closed to all trawl gear and the Red King Crab Savings Area (RKCSA) that is otherwise closed to non-pelagic trawl gear. The AKSC would collect data on crab prohibited species catch (PSC) rates during commercial groundfish fishing operations inside the Area 516 seasonal closure, the RKCSA, and adjacent areas that are currently open to non- pelagic trawling. The objective of the EFP is to evaluate PSC rates and overall catch of target species in the above-mentioned closed areas compared with the areas currently open to fishing with trawl gear. This experiment has the potential to promote the objectives of the Magnuson- Stevens Fishery Conservation and Management Act.

On October 13, 2016, NMFS published a proposed rule to establish protected species hard caps for the California/Oregon large- mesh drift gillnet fishery, with comments due by November 28, 2016. However, in response to a request to extend the public comment period, NMFS has decided to extend the public comment period by an additional 30 calendar days.

NMFS proposes status quo commercial quotas for the Atlantic surfclam and ocean quahog fisheries for 2017 and projected status quo quotas for 2018. This action is necessary to establish allowable harvest levels of Atlantic surfclams and ocean quahogs that will prevent overfishing and allow harvesting of optimum yield. This action would also continue to suspend the minimum shell size for Atlantic surfclams for the 2017 fishing year. It is expected that the industry and dealers will benefit from the proposed status quo quotas, as they will be able to maintain a consistent market.

This final rule removes vessel upgrading restrictions for vessels issued swordfish directed and Atlantic tunas Longline category limited access permits (LAPs). Currently, regulations allow for upgrading vessels or transferring permits to another vessel only if the vessel upgrade or permit transfer results in an increase of no more than 35 percent in length overall, gross registered tonnage, and net tonnage, as measured relative to the baseline vessel specifications (i.e., the specifications of the vessel first issued a Highly Migratory Species (HMS) LAP). This final rule eliminates these restrictions on upgrades and permit transfers. This action affects vessel owners issued swordfish directed and Atlantic tunas Longline category LAPs and fishing in the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.

This final rule revises fishery monitoring and equipment requirements for all commercial groundfish fisheries. In particular, it establishes a requirement for submitting electronic fish tickets (EFT) in the limited entry fixed gear fisheries and open access fisheries. This final rule also: revises administrative procedures for limited entry permits, providing greater flexibility and efficiencies for limited entry groundfish fishery participants; requires vessels registered to Vessel Monitoring Systems (VMS) to make an initial declaration report; and makes administrative changes and clarifying edits to improve consistency of the regulations with past Pacific Fishery Management Council (Council) actions and with the Pacific Coast Groundfish Fishery Management Plan (FMP). This action improves monitoring and administration of the limited entry sablefish primary fishery, and addresses unforeseen issues arising out of the evolution of commercial sablefish fisheries and subsequent regulations.

The Departments of Agriculture, the Interior, and Commerce are jointly issuing final rules for procedures for expedited trial-type hearings and the consideration of alternative conditions and fishway prescriptions required by the Energy Policy Act of 2005. The hearings are conducted to expeditiously resolve disputed issues of material fact with respect to conditions or prescriptions developed for inclusion in a hydropower license issued by the Federal Energy Regulatory Commission under the Federal Power Act. The final rules make no changes to existing regulations that have been in place since the revised interim rules were published on March 31, 2015, and took effect on April 30, 2015. At the time of publication of the revised interim rules, the Departments also requested public comments on additional ways the rules could be improved. The Departments now respond to the public comments received on the revised interim rules by providing analysis and clarifications in the preamble. The Departments have determined that no revisions to existing regulations are warranted at this time.

NMFS is closing the U.S. pelagic longline fishery for bigeye tuna in the western and central Pacific Ocean because the fishery will reach the 2016 allocation limit for the Commonwealth of the Northern Mariana Islands (CNMI). This action is necessary to comply with regulations managing this fish stock.

Notice is hereby given that Tamara McGuire, LGL Alaska Research Associates, Inc., 2000 W International Airport Rd, Suite C1, Anchorage, AK 99502, has applied for an amendment to Scientific Research Permit No. 18016.

The New England Fishery Management Council (Council), Atlantic Herring Committee, Atlantic Herring Advisory Panel and Atlantic Herring Plan Development Team is scheduling a public workshop on the Atlantic Herring Acceptable Biological Catch Control Rule Management Strategy Evaluation 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 51 assessment of the Gray Snapper will consist of a data workshop, a review workshop, and a series of assessment Webinars,

NMFS (hereinafter, ``we'') received an application from the U.S. Department of the Air Force, Headquarters 96th Air Base Wing (Air Force), Eglin Air Force Base (Eglin AFB), requesting an Incidental Harassment Authorization (IHA or Authorization) to take marine mammals, by harassment, incidental to a Maritime Weapon Systems Evaluation Program (Maritime WSEP) within a section of the Eglin Gulf Test and Training Range in the northern Gulf of Mexico. Eglin AFB's Maritime WSEP activities are military readiness activities per the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act of 2004 (NDAA). Per the MMPA, NMFS requests comments on its proposal to issue an Authorization to Eglin AFB to incidentally take, by Level B and Level A harassment, two species of marine mammals, the Atlantic bottlenose dolphin (Tursiops truncatus) and Atlantic spotted dolphin (Stenella frontalis), during the specified activity.

Notice is hereby given that permits or permit amendments have been issued to the following entities:

This action closes the Georges Bank Cod Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels and adjusts the Georges Bank cod possession and trip limit for common pool vessels for the remainder of Trimester 2, through December 31, 2016. The common pool fishery is projected to catch 90 percent of its Trimester 2 quota for Georges Bank cod. The closure and possession and trip limit reductions are intended to prevent an overage of the common pool's quota for this stock.

NMFS is opening directed fishing for Pacific cod by catcher/ processors using pot gear in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2016 total allowable catch of Pacific cod allocated to catcher/processors using pot gear in the BSAI.

NMFS will hold a 2-day Atlantic Highly Migratory Species (HMS) Advisory Panel (AP) meeting in December 2016. The intent of the meeting is to consider options for the conservation and management of Atlantic HMS, specifically Amendment 5b to the 2006 Consolidated Atlantic HMS Fishery Management Plan (FMP). The meeting is open to the public.

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.

We, the National Marine Fisheries Service (NMFS), are reopening the public comment period on the proposed rule under the Marine Mammal Protection Act (MMPA) to prohibit swimming with and approaching a Hawaiian spinner dolphin within 50 yards (45.7 m) (for persons, vessels, and objects), including approach by interception. The comment period for the proposed rule that published on August 24, 2016 (81 FR 57854) closed on October 23, 2016. NMFS is reopening the public comment period for an additional 15 days to provide the public with additional time to submit information and to comment on this proposed rule.