National Oceanic and Atmospheric Administration January 2005 – Federal Register Recent Federal Regulation Documents

Availability of Seats for the Gray's Reef National Marine Sanctuary Advisory Council
Document Number: 05-747
Type: Notice
Date: 2005-01-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gray's Reef National Marine Sanctuary (GRNMS or Sanctuary) is seeking applicants for the following newly-created and three vacant seats on its Sanctuary Adivsory Council (Council): Charter/commercial (for profit) Fishing (charter and commercial fishers), Sport Fishing (recreational hook-and-line and spear fishers), Sport Diving (divers, dive operators, dive clubs, and dive shops), and Regional Conservation. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the Sanctuary. Applicants who are chosen as members should expect to serve 3-year terms, pursuant to the Council's Charter.
Marine Protected Areas Federal Advisory Committee; Public Meeting
Document Number: 05-746
Type: Notice
Date: 2005-01-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given of the next meeting of the Marine Protected Areas Federal Advisory Committee (MPAFAC) in the Washington, DC metropolitan area.
Fisheries of the Northeastern United States; Final 2005, 2006, and 2007 Fishing Quotas for Atlantic Surfclams, Ocean Quahogs, and Maine Mahogany Ocean Quahogs
Document Number: 05-626
Type: Rule
Date: 2005-01-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is required to specify annual catch quotas for the Atlantic surfclam and ocean quahog fisheries. NMFS issues this rule to set final allowable harvest levels of Atlantic surfclams and ocean quahogs from the Exclusive Economic Zone and an allowable harvest level of Maine mahogany ocean quahogs from Atlantic waters north of 43[deg]50' N. lat. for the 2005, 2006, and 2007 fishing years.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Monkfish Fishery; Amendment 2 to the Monkfish Fishery Management Plan; Correction
Document Number: 05-625
Type: Proposed Rule
Date: 2005-01-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On January 3, 2005, NMFS published a notification that the New England Fishery Management Council and the Mid-Atlantic Fishery Management Council have submitted Amendment 2 to the Monkfish Fishery Management Plan (FMP) (Amendment 2) incorporating the draft Final Supplemental Environmental Impact Statement (FSEIS), Regulatory Impact Review (RIR), and the Initial Regulatory Flexibility Analysis (IRFA), for Secretarial review and requested comments from the public. Amendment 2 was developed to address essential fish habitat and bycatch issues, and to revise the FMP to address several issues raised during the public scoping process. In the January 3, 2005, notification, NMFS inadvertently referred to this action as a proposed interim rule. This document corrects that error.
Taking of Marine Mammals Incidental to Specified Activities; Construction of the East Span of the San Francisco-Oakland Bay Bridge
Document Number: 05-624
Type: Notice
Date: 2005-01-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that an Incidental Harassment Authorization (IHA) has been issued to the California Department of Transportation (CALTRANS) to take small numbers of California sea lions, Pacific harbor seals, and gray whales, by harassment, incidental to construction of a replacement bridge for the East Span of the San Francisco-Oakland Bay Bridge (SF-OBB) in California.
Pacific Fishery Management Council; Public Meeting/Workshop
Document Number: E5-58
Type: Notice
Date: 2005-01-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Groundfish Stock Assessment Review (STAR) Panel for Pacific hake (Whiting) will hold a work session which is open to the public.
North Pacific Fishery Management Council; Notice of Public Meetings
Document Number: E5-57
Type: Notice
Date: 2005-01-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council (Council) and its advisory committees will hold public meetings February 7 through February 15, 2005 at the Renaissance Madison Hotel, 515 Madison Street, Seattle, Washington.
Endangered Species; Permit No. 1429
Document Number: 05-529
Type: Notice
Date: 2005-01-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that a request for modification of scientific research Permit No. 1429 submitted by the National Marine Fisheries Service, Southeast Fisheries Science Center (SEFSC) has been granted.
Endangered Marine and Anadromous Species; Final Rule to Remove Technical Revisions to Right Whale Listing Under the U.S. Endangered Species Act
Document Number: 05-527
Type: Rule
Date: 2005-01-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule to remove two technical revisions made in an April 2003 final rule to the northern right whale (Eubalaena sp.) listing under the Endangered Species Act (ESA). The technical revisions purported to change: the way right whales are listed by splitting the endangered northern right whale into two separate endangered species - North Pacific right whale and North Atlantic right whale; the definition of ``right whale'' as it applies to the right whale approach regulations; and the section heading for right whale critical habitat. NMFS has determined that issuance of the 2003 final rule did not comply with the requirements of the ESA. This final rule corrects these mistakes by removing these technical revisions to 50 CFR and reinstating the language that existed before April 2003.
Marine Mammals; File No. 376-1520
Document Number: 05-526
Type: Notice
Date: 2005-01-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Dr. James Hain, Associated Scientists at Woods Hole, Woods Hole, MA has been issued an amendment to a permit for scientific research on a variety of cetaceans in the North Atlantic, including endangered right whales (Eubalaena glacialis).
Endangered Fish and Wildlife; Notice of Intent to Prepare an Environmental Impact Statement
Document Number: 05-525
Type: Notice
Date: 2005-01-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS will be preparing an EIS to analyze the potential impacts of applying new criteria in guidelines to determine what constitutes a ``take'' of a marine mammal under the Marine Mammal Protection Act (MMPA) and Endangered Species Act (ESA) as a result of exposure to anthropogenic noise in the marine environment. This notice describes the proposed action and possible alternatives and also describes the proposed scoping process.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries
Document Number: 05-437
Type: Proposed Rule
Date: 2005-01-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes initial specifications for the 2005 fishing year for Atlantic mackerel, squid, and butterfish (MSB). Regulations governing these fisheries require NMFS to publish proposed specifications for the upcoming fishing year and to provide an opportunity for public comment. The intent of this action is to fulfill this requirement and to promote the development and conservation of the MSB resources.
New England Fishery Management Council; Public Meeting
Document Number: E5-30
Type: Notice
Date: 2005-01-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Oversight Committee in January, 2005.
Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeastern Data, Assessment, and Review (SEDAR) Steering Committee Meeting
Document Number: E5-28
Type: Notice
Date: 2005-01-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The SEDAR Steering Committee will meet to discuss the SEDAR schedule; receive updates on SEDAR 7, Gulf of Mexico red snapper and SEDAR 8, Caribbean yellowtail snapper and spiny lobster; discuss the process for conducting assessment updates; establish the assessment schedule for 2005 and 2006; and clarify objectives for the 2005 CY budget. See SUPPLEMENTARY INFORMATION.
Pacific Fishery Management Council; Ad Hoc Allocation Committee; Public Meeting
Document Number: E4-3932
Type: Notice
Date: 2005-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Pacific Fishery Management Council's (Council) Ad Hoc Allocation Committee (Committee) will hold a working meeting, which is open to the public. The purpose of the meeting is to develop options for allocations and other management measures for the 2005-2006 Pacific Coast groundfish fishery and to consider allocation issues associated with development of an individual quota (or dedicated access) program initiative for the Pacific Coast groundfish trawl fishery.
Fisheries of the Gulf of Mexico and South Atlantic Spiny Lobster Data Workshop
Document Number: E4-3931
Type: Notice
Date: 2005-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The State of Florida, along with the Gulf of Mexico Fishery Management Council (GMFMC) and the South Atlantic Fishery Management Council (SAFMC), will hold a data workshop, the first in a series of three workshops, to evaluate the stock status of the spiny lobster.
Pacific Fishery Management Council; Public Meeting
Document Number: E4-3930
Type: Notice
Date: 2005-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Pacific Fishery Management Council's (Council) Ad Hoc Groundfish Information Policy Committee (GIPC) will hold a working meeting, which is open to the public.
List of Fisheries for 2005
Document Number: 05-214
Type: Proposed Rule
Date: 2005-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On December 2, 2004, the proposed List of Fisheries (LOF) for 2005 under the Marine Mammal Protection Act (MMPA) was published in the Federal Register. NMFS is extending the comment period on this proposed LOF to March 4, 2005.
National Ocean Service; Quality Assurance and Certification Program for NOAA Hydrographic Products
Document Number: 05-133
Type: Rule
Date: 2005-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration (NOAA) has been mandated to develop and implement a quality assurance program that is equally available to all applicants, under which the Administrator may certify hydrographic products that satisfy standards promulgated by the Administrator. ``Hydrographic products'' are any publicly or commercially available products produced by a non-Federal entity that include or display hydrographic data. The Administrator will fulfill this mandate by establishing procedures by which hydrographic products are proposed for certification; by which standards and compliance tests are developed, adopted, and applied for those products; and by which certification may be awarded or denied. These procedures would be the mandated Quality Assurance Program. The implementation of the program would be the execution of those procedures for specific hydrographic products.
Availability of Seats for the Cordell Bank National Marine Sanctuary Advisory Council
Document Number: 05-132
Type: Notice
Date: 2005-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Cordell Bank National Marine Sanctuary (CBNMS or Sanctuary) is seeking applicants for the following vacant seats on its Sanctuary Advisory Council (Council): Community At Large, Maritime Activities, Research, Education, Conservation. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the Sanctuary. Applicants who are chosen as members should expect to serve 2-3 year terms, pursuant to the Council's Charter.
Availability of Seats for the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve Advisory Council
Document Number: 05-131
Type: Notice
Date: 2005-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve (Reserve) is seeking applicants for the following vacant seats on its Reserve Advisory Council (Council): (3) Native Hawaiian, (2) Conservation, (1) Research and (1) Commercial Fishing. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the Reserve. Applicants who are chosen as members should expect to serve 3-year terms, pursuant to the Council's Charter.
Environmental Statements; Notice of Intent: Washington Coastal Zone Management Program; Meetings
Document Number: 05-130
Type: Notice
Date: 2005-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with section 306 of the Coastal Zone Management Act of 1972, as amended (CZMA), OCRM is considering whether to approve Washington's proposed amendment to incorporate the revised WA SMP Guidelines Rule as an amendment to its federally approved WCZMP. In accordance with the National Environmental Policy Act, OCRM will conduct scoping meetings as an opportunity for federal and state agencies, local governments and their citizenry, and representatives of non-governmental organizations, American Indian tribes, or any other interest persons to identify to OCRM what impacts or issues should be addressed in the Environment Impact Statement (EIS).
Civil Procedures
Document Number: 04-28751
Type: Proposed Rule
Date: 2005-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In a proposed rule published in the Federal Register on October 12, 2004, NOAA requested comments on proposed revisions to its Civil Procedures which govern the Agency's administrative proceedings for the assessment of civil penalties; suspension, revocation, modification, or denial of permits; issuance and use of written warnings; and release or forfeiture of seized property. The comment period for the proposed rule closed on December 13, 2004. Comments addressed various issues and included requests to extend the comment period. The intent of this document is to announce the reopening of the public comment period.
Taking Marine Mammals Incidental to Specified Activities; Sandholdt Road Bridge Replacement, Moss Landing, California
Document Number: 05-97
Type: Notice
Date: 2005-01-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that an Incidental Harassment Authorization (IHA) has been issued to the Monterey County Department of Public Works (Monterey County DPW) to take small numbers of marine mammals, by harassment, incidental to the replacement of the Sandholdt Road Bridge (Bridge) in Moss Landing, Monterey County, CA.
Endangered and Threatened Species: Notice of Public Hearings on Proposed Designation of Critical Habitat for Seven Evolutionarily Significant Units of Pacific Salmon (Oncorhynchus tshawytscha
Document Number: 05-94
Type: Proposed Rule
Date: 2005-01-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On December 10, 2004, NMFS proposed critical habitat designations for two Evolutionarily Significant Units (ESUs) of chinook salmon (Oncorhynchus tshawytscha) and five ESUs of O. mykiss (inclusive of anadromous steelhead and resident rainbow trout) in California that are listed under the Endangered Species Act of 1973. The public comment period for this proposal presently closes on February 8, 2005. In this document, NMFS is announcing that public hearings have been scheduled at four locations in California in January and early February 2005 to provide additional opportunities for the public and other interested parties to comment on the subject proposals.
Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2005 and 2006 Summer Flounder Specifications; 2005 Scup and Black Sea Bass Specifications
Document Number: 04-28752
Type: Rule
Date: 2005-01-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues final specifications for the 2005 and 2006 summer flounder fisheries and for the 2005 scup and black sea bass fisheries, and makes preliminary adjustments to the 2005 commercial quotas for these fisheries. This final rule specifies allowed harvest limits for both commercial and recreational fisheries, including scup possession limits. This action prohibits federally permitted commercial vessels from landing summer flounder in Delaware in 2005. Regulations governing the summer flounder fishery require publication of this notification to advise the State of Delaware, Federal vessel permit holders, and Federal dealer permit holders that no commercial quota is available for landing summer flounder in Delaware in 2005. This action also makes changes to the regulations regarding the commercial scup fishery. The intent of this action is to establish allowed 2005 harvest levels and other measures to attain the target fishing mortality (F) or exploitation rates, as specified for these species in the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP), and to reduce bycatch and improve the efficiency of the commercial scup fishery.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands; Seasonal Closure of Grammanik Bank
Document Number: 04-28749
Type: Rule
Date: 2005-01-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this temporary final rule to implement interim measures recommended by the Caribbean Fishery Management Council (Council). This rule prohibits fishing for or possessing any species of fish, except highly migratory species, within the Grammanik Bank closed area on a temporary basis (see DATES). The intended effect of this rule is to protect a yellowfin grouper spawning aggregation and to reduce overfishing.
Atlantic Highly Migratory Species; Bluefin Tuna Fisheries
Document Number: 04-28748
Type: Rule
Date: 2005-01-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has determined that a reopening of the coastwide General category Atlantic bluefin tuna (BFT) fishery is warranted. In addition, NMFS has determined that a BFT quota transfer from the Atlantic tunas Purse seine category to the Reserve category is warranted. These actions are being taken to ensure that U.S. BFT harvest is consistent with recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), pursuant to the Atlantic Tunas Convention Act (ATCA), and to meet domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) and the Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks (HMS FMP).
North Pacific Fishery Management Council; Notice of Public Meeting
Document Number: E4-3906
Type: Notice
Date: 2005-01-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council (Council) Gulf Rationalization Community Committee will meet at the Hotel Captain Cook.
Marine Mammals; File Nos. 881-1668, 1010-1641, 782-1532, 434-1669, and 800-1664
Document Number: 04-28740
Type: Notice
Date: 2005-01-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the following organizations and individual have been issued amendments to permits for scientific research on Steller sea lions (Eumetopias jubatus): The Alaska SeaLife Center, Seward, Alaska (Permit No. 881-1668); The Aleutians East Borough, Kodiak, Alaska (Permit No. 1010-1641); The National Marine Mammal Laboratory, NMFS, Seattle, Washington (Permit No. 782-1532); The Oregon Department of Fish and Wildlife, Corvallis, Oregon (Permit No. 434-1669); and Dr. Randall Davis, Texas A&M University, Department of Marine Biology, Galveston, Texas (Permit No. 800-1664).
Marine Mammals and Endangered Species; Permits No. 782-1702-03 and 1409-01
Document Number: 04-28739
Type: Notice
Date: 2005-01-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the following applicants have been issued an amendment/modification to their scientific research permit. Permit No. 782-1702-03 - National Marine Mammal Laboratory, National Marine Fisheries Service, NOAA, 7600 Sand Point Way, NE, BIN C15700, Bldg. 1, Seattle, WA 98115-0070, [Dr. John Bengtson, Principal Investigator]; and Permit No. 1409-01 - Karen G. Holloway-Adkins [Principal Investigator], Executive Director, East Coast Biologists, Inc. P.O. Box 33715, Indialantic, FL 32903.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Monkfish Fishery; Amendment 2 to the Monkfish Fishery Management Plan
Document Number: 04-28738
Type: Proposed Rule
Date: 2005-01-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the New England Fishery Management Council (NEFMC) and the Mid-Atlantic Fishery Management Council (MAFMC) have submitted Amendment 2 to the Monkfish Fishery Management Plan (FMP) (Amendment 2) incorporating the draft Final Supplemental Environmental Impact Statement (FSEIS), Regulatory Impact Review (RIR), and the Initial Regulatory Flexibility Analysis (IRFA), for Secretarial review and is requesting comments from the public. Amendment 2 was developed to address essential fish habitat (EFH) and bycatch issues, and to revise the FMP to address several issues raised during the public scoping process. The intent of this action is to provide efficient management of the monkfish fishery and to meet conservation objectives.