Economic Research Service August 2015 – Federal Register Recent Federal Regulation Documents

The Gulf of Mexico Fishery Management Council will hold a two- day meeting of its Reef Fish Advisory Panel.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Advisory Panel 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.

In this final rule, NMFS specifies the 2015 annual catch limits (ACLs) for Pacific Island bottomfish, crustacean, precious coral, and coral reef ecosystem fisheries, and accountability measures (AMs) to correct or mitigate any overages of catch limits. The ACLs and AMs support the long-term sustainability of fishery resources of the U.S. Pacific Islands.

Notice is hereby given that Janice Straley, University of Alaska Southeast Sitka Campus, 1332 Seward Ave., Sitka, Alaska 99835, and Adam A. Pack, Ph.D., Departments of Psychology and Biology, University of Hawaii at Hilo, 200 West Kawili Street, Hilo, Hawaii 96720, have been issued minor amendments to Scientific Research Permit Nos. 14122 and 14585, respectively.

Notice is hereby given that Daniel P. Costa, Ph.D., University of California at Santa Cruz, Long Marine Laboratory, 100 Shaffer Road, Santa Cruz, CA 95064, has applied in due form for a permit to conduct research on pinnipeds in Antarctica.

The North Pacific Fishery Management Council (Council) Crab Plan Team (CPT) will meet September 14 through September 17, 2015.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Herring Advisory Panel 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.

NMFS' Office of Protected Resources has received a request from the NMFS Northwest Fisheries Science Center (NWFSC) for authorization to take small numbers of marine mammals incidental to conducting fisheries research, over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the NWFSC's request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the NWFSC's application and request.

NMFS hereby modifies the baseline annual U.S. quota and subquotas for Atlantic bluefin tuna (BFT). Specifically for 2015, NMFS augments the Reserve category quota with available underharvest of the 2014 adjusted U.S. BFT quota and also recalculates the Purse Seine and Reserve category quotas that were announced earlier this year (consistent with the Amendment 7 annual reallocation process) to reflect the increased U.S. quota. Furthermore, NMFS makes minor modifications to the regulations regarding Atlantic tunas purse seine auxiliary vessel activity under the ``transfer at sea'' provisions. This action is necessary to implement binding recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

NMFS announces that on August 6, 2015, the Atlantic States Marine Fisheries Commission (Commission) found the State of Delaware out of compliance with the Commission's Interstate Fishery Management Plan (ISFMP) for American Eel. Subsequently, on August 19, 2015, the Commission referred the matter to NMFS, under delegation of authority from the Secretary of Commerce, for federal non-compliance review under the provisions of the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act). The Atlantic Coastal Act mandates that NMFS must review the Commission's non-compliance referral and make specific findings by September 18, 2015, 30 days after receiving the referral. If NMFS determines that Delaware failed to carry out its responsibilities under the Coastal American Eel ISFMP, and if the measures it failed to implement are necessary for conservation, then, according to the Atlantic Coastal Act, NMFS must declare a moratorium on fishing for American eel in Delaware waters.

Notice is hereby given that Dan Engelhaupt, Ph.D., HDR EOC, 5700 Lake Wright Drive, Norfolk, VA 23502-1859, has applied for an amendment to Scientific Research Permit No. 16239.

NMFS is reallocating the projected unused amounts of the Aleut Corporation's pollock directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. This action is necessary to provide opportunity for harvest of the 2015 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.

This proposed rule, if adopted, would clarify the regulatory requirements for vessels using midwater trawl gear in the Pacific Coast Groundfish Fishery Shorebased Individual Fishing Quota Program. This action is needed to eliminate inconsistencies and confusion in the current regulations. For vessels targeting Pacific whiting, the action would clarify that the retention of prohibited and protected species is allowed until landing. The disposition of prohibited and protected species would be specified consistent with the Pacific Coast Groundfish Fishery Management Plan, the Pacific Coast Salmon Fishery Management Plan, and other applicable law.

On March 23, 2015, NMFS and USFWS (or the Services) published a proposed rule to revise the listings of the green sea turtle (Chelonia mydas; hereafter referred to as the green turtle) under the Endangered Species Act (ESA). We opened a public comment period that lasted through June 22, 2015. On June 17, 2015, we published a document extending the public comment period through July 27, 2015. On July 27, 2015, we published a document again extending the public comment period to August 26, 2015. Having received a request to further extend the comment period, with this document we further extend the comment period to September 25, 2015.

This final rule announces the approval of the Omnibus Amendment to the Fishery Management Plans of the Northeastern United States and implements the amendment's approved management measures to simplify vessel baselines. The Baseline Amendment eliminates the one- time limit on vessel upgrades and removes gross and net tonnages from the vessel baseline specifications that NMFS considers when determining a vessel's baseline for replacement purposes. Implementing these measures reduces the administrative burden to permit holders and NMFS and has little effect on fleet capacity. This rule also removes the requirement for vessels to send in negative fishing reports (i.e., ``did not fish'' reports) during months or weeks when vessels were inactive. NMFS no longer needs these reports due to improved trip-level matching. Therefore, NMFS removes this requirement to simplify the regulations and reduce reporting burdens for the industry.

A permit application has been submitted by California American Water Company (CalAm) to Monterey Bay National Marine Sanctuary (MBNMS) to construct and operate a seawater reverse osmosis (SWRO) desalination facility project (Project) in Monterey County, California. The permit review process will be conducted concurrently with a public process conducted pursuant to the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). NOAA is soliciting information and comments on the range of issues and the significant issues to be analyzed in depth related to the Project proposed within MBNMS boundaries.

NMFS announces six inseason actions in the ocean salmon fisheries. These inseason actions modified the commercial, recreational, and treaty Indian salmon fisheries in the area from the U.S./Canada border to the U.S./Mexico border.

This rule makes final an interim rule that established a fishing effort limit for calendar year 2015 for U.S. purse seine vessels in the U.S. exclusive economic zone (EEZ) and on the high seas between the latitudes of 20[deg] N. and 20[deg] S. in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention Area). The limit is 1,828 fishing days. This action is necessary for the United States to implement provisions of a conservation and management measure (CMM) adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.

NMFS proposes regulations to implement Amendment 15 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 rule would revise the FMP framework procedures to streamline the process for changing certain regulations affecting the shrimp fishery. Additionally, this rule proposes changes to the FMP that would revise the maximum sustainable yield (MSY), overfishing threshold, and overfished threshold definitions and values for three species of penaeid shrimp. The intent of this proposed rule and Amendment 15 are to streamline the management process for Gulf shrimp stocks and to revise criteria for determining the overfished and overfishing status of each penaeid shrimp stock using the best available science.

ONMS published a request for applications for vacant seats on seven of its 13 national marine sanctuary advisory councils on August 14, 2015 (80 FR 48828). This notice is a correction to the number of vacant seats available for the Stellwagen Bank National Marine Sanctuary Advisory Council. Previously, ONMS requested applications for the following six seats on this council: Business/Industry (primary member); Mobile Gear Commercial Fishing (alternate); Recreational Fishing (alternate); Research (alternate); Whale Watch (alternate); and Youth (alternate). ONMS is requesting applications for all of the following seats: At-Large (primary member); Business/Industry (primary member); Diving (primary member); Diving (alternate); Education (two primary members); Fixed Gear Commercial Fishing (primary member); Fixed Gear Commercial Fishing (alternate); Mobile Gear Commercial Fishing (alternate); Recreational Fishing (alternate); Research (two alternates); Whale Watch (primary member); and Youth (alternate). No other advisory councils are affected by this notice.

The Mid-Atlantic Fishery Management Council's (Council) Ecosystem and Ocean Planning Advisory Panel (AP) will hold a public meeting.

NMFS has received a request from the Alaska Department of Transportation and Public Facilities (DOT&PF) for authorization to take marine mammals incidental to reconstructing the existing ferry terminal at Pier 1 in Kodiak, Alaska, referred to as the Kodiak Ferry Terminal and Dock Improvements project (State Project Number 68938). The DOT&PF requests that the incidental harassment authorization (IHA) be valid for 1 year, from September 30, 2015 through September 29, 2016. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to the DOT&PF incidentally take, by harassment, small numbers of marine mammals for its reconstruction of the ferry terminal at Pier 1 in Kodiak, AK.

We, NMFS, announce a 12-month finding and listing determination on a petition to list the orange clownfish (Amphiprion percula) as threatened or endangered under the Endangered Species Act (ESA). We have completed a comprehensive status review under the ESA for the orange clownfish and we determined that, based on the best scientific and commercial data available, the orange clownfish does not warrant listing under the ESA. We conclude that the orange clownfish is not currently in danger of extinction throughout all or a significant portion of its range and is not likely to become so within the foreseeable future.

We, the National Marine Fisheries Service (NMFS), issue a final rule to revise the critical habitat for the Hawaiian monk seal (Neomonachus schauinslandi) pursuant to the Endangered Species Act. Specific areas for designation include sixteen occupied areas within the range of the species: ten areas in the Northwestern Hawaiian Islands (NWHI) and six in the main Hawaiian Islands (MHI). These areas contain one or a combination of habitat types: Preferred pupping and nursing areas, significant haul-out areas, and/or marine foraging areas, that will support conservation for the species. Specific areas in the NWHI include all beach areas, sand spits and islets, including all beach crest vegetation to its deepest extent inland, lagoon waters, inner reef waters, and including marine habitat through the water's edge, including the seafloor and all subsurface waters and marine habitat within 10 meters (m) of the seafloor, out to the 200-m depth contour line around the following 10 areas: Kure Atoll, Midway Islands, Pearl and Hermes Reef, Lisianski Island, Laysan Island, Maro Reef, Gardner Pinnacles, French Frigate Shoals, Necker Island, and Nihoa Island. Specific areas in the MHI include marine habitat from the 200-m depth contour line, including the seafloor and all subsurface waters and marine habitat within 10 m of the seafloor, through the water's edge 5 m into the terrestrial environment from the shoreline between identified boundary points on the islands of: Kaula, Niihau, Kauai, Oahu, Maui Nui (including Kahoolawe, Lanai, Maui, and Molokai), and Hawaii. In areas where critical habitat does not extend inland, the designation ends at a line that marks mean lower low water. Some terrestrial areas in existence prior to the effective date of the rule within the specific areas lack the essential features of Hawaiian monk seal critical habitat because these areas are inaccessible to seals for hauling out (such as cliffs) or lack the natural areas necessary to support monk seal conservation (such as hardened harbors, shorelines or buildings) and therefore do not meet the definition of critical habitat and are not included in the designation. In developing this final rule we considered public and peer review comments, as well as economic impacts and impacts to national security. We have excluded four areas because the national security benefits of exclusion outweigh the benefits of inclusion, and exclusion will not result in extinction of the species. Additionally several areas are precluded from designation under section 4(a)(3) of the ESA because they are managed under Integrated Natural Resource Management Plans that we have found provide a benefit to Hawaiian monk seals.

Notice is hereby given that NMFS has issued Endangered Species Act (ESA) scientific research Permit 18251 to the Marine Science Institute. Additionally, NMFS has received four scientific research and enhancement permit modification requests relating to anadromous species listed under the ESA. The proposed research activities are intended to increase knowledge of the species and to help guide management and conservation efforts. The application for each permit is available on the Applications and Permits for Protected Species (APPS), https:// apps.nmfs.noaa.gov Web site by searching the permit number within the Search Database page. The applications for each permit modification request may be viewed online at: https://apps.nmfs.noaa.gov/preview/ preview_open_for_comment.cfm.