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

NMFS issues regulations to implement Amendment 17A to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (FMP), as prepared and submitted by the Gulf of Mexico (Gulf) Fishery Management Council (Council). This final rule extends the current Gulf commercial shrimp permit moratorium for 10 more years. The intent of this final rule and Amendment 17A is to protect federally managed Gulf shrimp stocks while promoting catch efficiency, economic efficiency, and stability in the fishery.

Under 15 CFR 921.33(d), 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 revised Management Plan for Padilla Bay, Washington National Estuarine Research Reserve Management Plan. In accordance with 15 CFR 921.33(c), the Padilla Bay Reserve revised its Management Plan, which will replace the plan previously approved in 2008. The revised Management Plan outlines the administrative structure; the research/monitoring, stewardship, education, and training programs of the Reserve; and the plans for future land acquisition and facility development to support Reserve operations. The Padilla Bay Reserve takes an integrated approach to management, linking research, education, coastal training, and stewardship functions. The Reserve has outlined how it will manage administration and its core program providing detailed actions that will enable it to accomplish specific goals and objectives. Since the last Management Plan, the Reserve has built out its core programs and monitoring infrastructure; conducted an educational market analysis and needs assessment to better meet teacher needs and underserved audiences; developed a Reserve Disaster Response Plan; and improved public access to the Reserve through construction of a new boat launch ramp and enhanced trails. On March 10, 2016, NOAA issued a notice of a thirty day public comment period for the Padilla Bay Reserve revised plan (81 FR 12716). Responses to the written and oral comments received, and an explanation of how comments were incorporated into the final revised plan, are available in Appendix G of the revised plan. Since the last management plan was approved in 2008, the Padilla Bay Reserve has acquired an additional 110 acres of tidelands inside the Reserve boundary. With the approval of this management plan, the Padilla Bay Reserve will increase their total acreage to 11,966. The change is attributable to the recent acquisitions of several parcels by the Reserve state agency, totaling 110 acres. All of the proposed additions are owned by the Washington Department of Ecology and will be managed for long-term protection and conservation value. These parcels have high ecological value and will enhance the Reserve's ability to provide increased opportunities for research, education, and stewardship. The revised Management Plan will serve as the guiding document for the expanded 11,966 acre Padilla Bay Reserve. View the Padilla Bay, Washington Reserve Management Plan at https:// www.padillabay.gov/pdfs/ManagementPlan_2016-2020.pdf. The impacts of the revised management plan have not changed and the initial Environmental Impact Statement (EIS) prepared at the time of designation is still valid. NOAA determined that the revision of the management plan will not have a significant effect on the human environment and therefore qualifies for a categorical exclusion under NOAA Administrative Order 216-6. An environmental assessment will not be prepared.

This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has found that the Atlantic bigeye tuna stock is subject to overfishing. In addition, Gulf of Mexico gray triggerfish and Gulf of Mexico red snapper continue to be overfished. NMFS, on behalf of the Secretary, notifies the appropriate fishery management council (Council) whenever it determines that overfishing is occurring, a stock is in an overfished condition, a stock is approaching an overfished condition, or when a rebuilding plan has not resulted in adequate progress toward ending overfishing and rebuilding affected fish stocks.

The New England Fishery Management Council has submitted to NMFS Amendment 19 to the Atlantic Sea Scallop Fishery Management Plan which proposes to incorporate a specifications process into the Atlantic Sea Scallop Fishery Management Plan and to change the start of the fishing year from March 1 to April 1. The ability to develop specifications to set annual or biennial allocations would allow for a more timely process for setting annual allocations than currently possible with framework adjustments. By adjusting the start of the scallop fishing year from March 1 to April 1, NMFS would be able to implement simple specification actions at the start of the fishing year on a more consistent basis. NMFS requests public comments on whether NMFS should approve this amendment and the draft Environmental Assessment incorporated in the amendment.

This document corrects a typographical error in the ADDRESSES section to a proposed rule published on June 23, 2016.

The North Pacific Fishery Management Council (Council) has submitted Amendment 113 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) to the Secretary of Commerce (Secretary) for review. If approved, Amendment 113 to the FMP would modify the Bering Sea and Aleutian Islands (BSAI) Pacific cod fishery to set aside a portion of the Aleutian Islands Pacific cod total allowable catch (TAC) for harvest by vessels directed fishing for Aleutian Islands Pacific cod and delivering their catch for processing to shoreside processors located on land west of 170 W. longitude in the Aleutian Islands (Aleutian Islands shoreplants). The harvest set-aside would apply only if specific notification and performance requirements are met, and only during the first few months of the fishing year. This harvest set-aside would provide the opportunity for catcher vessels operating in the Aleutian Islands Pacific cod fishery, Aleutian Islands shoreplants, and the communities where Aleutian Islands shoreplants are located to receive benefits from the Aleutian Islands Pacific cod fishery, while the notification and performance requirements would preserve an opportunity for the complete harvest of the BSAI Pacific cod resource. Amendment 113 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

The Gulf of Mexico Fishery Management Council will hold a joint meeting of its Shrimp Advisory Panel (AP), Coral Advisory Panel, and Coral Statistical and Scientific Committee (SSC).

The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish 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 Pacific Fishery Management Council's (Pacific Council's) Scientific and Statistical Committee (SSC) will hold a webinar to approve new overfishing limit (OFL) estimates for Pacific ocean perch and to discuss plans for two upcoming workshops. The webinar is open to the public.

NMFS is temporarily closing the U.S. pelagic longline fishery for bigeye tuna for vessels over 24 meters in overall length in the eastern Pacific Ocean (EPO) through December 31, 2016, because the 2016 catch limit of 500 metric tons is expected to be reached. This action is necessary to prevent the fishery from exceeding the applicable catch limit established by the Inter-American Tropical Tuna Commission (IATTC) in Resolution C-13-01 (Multiannual Program for the Conservation of Tuna in the Eastern Pacific Ocean During 2014-2016).

The South Atlantic Fishery Management Council (Council) will hold a series of public hearings pertaining to Framework Amendment 4 to the Coastal Migratory Pelagic (CMP) Fishery Management Plan for the Gulf of Mexico and South Atlantic addressing management measures for Atlantic cobia in federal waters, and Amendment 41 to the Snapper Grouper Fishery Management Plan for the South Atlantic addressing measures for mutton snapper in federal waters. Scoping comments will also be accepted for options being considered in Joint Dolphin Wahoo Amendment 10 and Snapper Grouper Amendment 44 to address allocations for dolphin fish and yellowtail snapper in federal waters. Question and Answer sessions for Framework Amendment 4 to the CMP Fishery Management Plan and for Amendment 41 to the Snapper Grouper Fishery Management Plan will also be held via webinar. A Question and Answer session for Joint Dolphin Wahoo Amendment 10 and Snapper Grouper Amendment 44 will be held as part of the scoping session.

NMFS is closing the U.S. pelagic longline fishery for bigeye tuna in the western and central Pacific Ocean because the fishery has reached the 2016 catch limit. This action is necessary to ensure compliance with NMFS regulations that implement decisions of the Western and Central Pacific Fisheries Commission (WCPFC).

The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Tuesday August 2 from 9:15 a.m. CDT to 5:30 p.m. CDT and on Wednesday August 3 from 8:15 a.m. CDT to 1:30 p.m. CDT. These times and the agenda topics described below are subject to change. Please refer to the Web page https:// www.sab.noaa.gov/Meetings/meetings.html for the most up-to-date meeting times and agenda. Place: The meeting will be held at the Bryant Conference Center, 240 Paul W. Bryant Dr., Tuscaloosa, Alabama. Please check the SAB Web site https://www.sab.noaa.gov/Meetings/meetings.html for directions to the meeting location. Status: The meeting will be open to public participation with a 15- minute public comment period on August 2 from 12:30-12:45 p.m. CDT (check Web site to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of two (2) minutes. Individuals or groups planning to make a verbal presentation should contact the SAB Acting Executive Director by July 26, 2016 to schedule their presentation. Written comments should be received in the SAB Executive Director's Office by July 26, 2016, to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after July 26, 2016, will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seating at the meeting will be available on a first-come, first-served basis. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for special accommodations may be directed no later than 12:00 p.m. on July 26, 2016, to Dr. Cynthia Decker, SAB Executive Director, SSMC3, Room 11230, 1315 East-West Highway, Silver Spring, MD 20910; Email: Cynthia.Decker@noaa.gov. Matters To Be Considered: The meeting will include the following topics: (1) Report on Arctic Research Review from the Ecosystem Sciences and Management Working Group; (2) Updates from the NOAA Administrator and Chief Scientist; (3) NOAA Response to the SAB GOES-R Level 0 Data report; (4) SAB Strategy Discussion and Implications for NOAA; (5) Discussion of SAB Issue Papers; and (6) Discussion of Working Group and SAB Concepts of Operations.

NMFS publishes notification of a 1.60 percent fee for cost recovery under the Bering Sea and Aleutian Islands Crab Rationalization Program. This action is intended to provide holders of crab allocations with the fee percentage for the 2016/2017 crab fishing year so they can calculate the required payment for cost recovery fees that must be submitted by July 31, 2017.

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application from the Massachusetts Division of Marine Fisheries contains all of the required information and warrants further consideration. This Exempted Fishing Permit would allow a commercial fishing vessel to retain approximately 600 sublegal-sized male, and egg-bearing, v-notched, and sublegal-sized female lobsters during normal fishing operations in Lobster Management Area 2 for use in reproductive laboratory research being conducted by Massachusetts Division of Marine Fisheries. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits.

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's (Council) Law Enforcement Advisory Panel and Law Enforcement Committee will meet jointly to address issues pertaining to enforcement of fisheries regulations in the South Atlantic Region.

NMFS is adjusting the commercial aggregated large coastal shark (LCS) and hammerhead shark management group retention limit for directed shark limited access permit holders in the Atlantic region from 3 LCS other than sandbar sharks per vessel per trip to 45 LCS other than sandbar sharks per vessel per trip. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments. The retention limit will remain at 45 LCS other than sandbar sharks per vessel per trip in the Atlantic region through the rest of the 2016 fishing season or until NMFS announces via a notice in the Federal Register another adjustment to the retention limit or a fishery closure. This retention limit adjustment affects anyone with a directed shark limited access permit fishing for LCS in the Atlantic region.

The Pacific Fishery Management Council's (Pacific Council's) Coastal Pelagic Species Management Team (CPSMT) will meet via webinar to discuss potential management options for the northern anchovy. The meeting is open to the public.

NMFS (hereinafter, ``we'' or ``our'') received an application from the U.S. Department of the Air Force, 86 Fighter Weapons Squadron (86 FWS), requesting an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to a Long Range Strike Weapon Systems Evaluation Program (LRS WSEP) in the Barking Sands Underwater Range Extension (BSURE) area of the Pacific Missile Range Facility (PMRF) at Kauai, Hawaii. 86 FWS's activities are military readiness activities per the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act (NDAA) for Fiscal Year 2004. Pursuant to the MMPA, NMFS requests comments on its proposal to issue an IHA to 86 FWS to incidentally take, by Level A and Level B harassment, two species of marine mammals, the dwarf sperm whale (Kogia sima) and pygmy sperm whale (Kogia breviceps) during the specified activity.

NMFS announces approval of an application for a Letter of Authorization (LOA) from the states of Oregon, Washington, and Idaho for lethal removal of individually identifiable predatory California sea lions (Zalophus californianus) in the vicinity of Bonneville Dam to minimize pinniped predation on Pacific salmon and steelhead (Oncorhynchus spp.) listed as threatened or endangered under the Endangered Species Act (ESA) in the Columbia River in Washington and Oregon. This authorization is pursuant to the Marine Mammal Protection Act (MMPA). NMFS also announces availability of decision documents and other information relied upon in making this determination.

NMFS announces that the Mid-Atlantic Scallop Access Area will close to Limited Access General Category Individual Fishing Quota scallop vessels for the remainder of the 2016 fishing year as of the effective date below. After the effective date, no vessel issued a Limited Access General Category Individual Fishing Quota permit may fish for, possess, or land scallops from the Mid-Atlantic Scallop Access Area. Regulations require this action once it is projected that 100 percent of trips allocated to the Limited Access General Category Individual Fishing Quota scallop vessels for the Mid-Atlantic Scallop Access Area will be taken.

The Federal and state natural resource trustees for the Alabama Trustee Implementation Group for the Deepwater Horizon (DWH) oil spill (Alabama TIG) intend to prepare an EIS under the National Environmental Policy Act (NEPA) to evaluate the environmental consequences of a range of restoration projects that the Alabama TIG will propose in an RP developed pursuant to the Oil Pollution Act (OPA) to compensate the public for lost recreational use opportunities in Alabama caused by the DWH oil spill in the Gulf of Mexico. Restoration planning to compensate the public for lost recreational opportunities in Alabama is expected to be phased. This initial restoration planning activity will occur during the 2016 planning year. This restoration planning activity is occurring, in part, in accordance with the February 16, 2016, decision in Gulf Restoration Network v. Jewell, Case 1:15-cv-00191-CB-C (S.D. Ala.), in which the court enjoined the use of $58.5 million in DWH early restoration funds pending additional analysis under NEPA and OPA. This restoration planning activity fulfills the Federal and state natural resources trustees' responsibilities under this court order while looking more broadly at the potential to provide restoration for lost recreational use within Alabama. Accordingly, this initial recreational use restoration planning activity may develop restoration projects to compensate for the full remaining allocated amount of Alabama's recreational use injury caused by the DWH oil spill (approximately $83.5 million), or for some portion thereof. This restoration planning activity is proceeding in accordance with the Deepwater Horizon Oil Spill: Final Programmatic Damage Assessment and Restoration Plan (PDARP) and Final Programmatic Environmental Impact Statement (PEIS). Information on the Restoration Type: Provide and Enhance Recreational Opportunities, as well as the OPA criteria against which project ideas are being evaluated, can be found in the PDARP/PEIS (https://www.gulfspillrestoration.noaa.gov/2016/04/trustees- settle-with-bp-for-natural-resource-injuries-to-the-gulf-of-m exico/) and in the Overview of the PDARP/PEIS (https:// www.gulfspillrestoration.noaa.gov/2016/04/trustees-settle-wit h-bp-for- natural-resource-injuries-to-the-gulf-of-mexico/). The Alabama TIG would like to hear your project ideas for addressing lost recreational use in Alabama and encourages you to submit restoration project ideas in response to this notice (see ADDRESSES for instructions). If you have submitted project ideas in the past, we will consider those projects along with additional ideas submitted at this time. The Trustees also seek public involvement in the scoping process and development of the recreational use RP/EIS. This notice explains the scoping process the Alabama TIG will use to gather input from the public. In addition to restoration project ideas, the Alabama TIG invites public comments regarding the scope, content, and any significant issues it should consider in the RP/EIS. Comments may be submitted at any time during the 30-day public scoping period via mail or the internet.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that we have issued an incidental harassment authorization (IHA) to The San Francisco Bay Area Water Emergency Transportation Authority (WETA) to incidentally harass marine mammals during construction activities associated with the San Francisco Ferry Terminal, South Basin Improvements project in San Francisco, CA.