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

Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Eastern Aleutian District of the Bering Sea and Aleutian Islands Management Area
Document Number: 05-13791
Type: Rule
Date: 2005-07-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific Ocean perch in the Eastern Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 Pacific Ocean perch total allowable catch (TAC) in the Eastern Aleutian District of the BSAI.
Magnuson-Stevens Act Provisions; Fishing Capacity Reduction Program; Pacific Coast Groundfish Fishery; California, Washington, and Oregon Fisheries for Coastal Dungeness Crab and Pink Shrimp; Industry Fee System for Fishing Capacity Reduction Loan
Document Number: 05-13692
Type: Rule
Date: 2005-07-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS establishes regulations to implement an industry fee system for repaying a $35,662,471 Federal loan. The loan financed most of the cost of a fishing capacity reduction program in the Pacific Coast groundfish fishery. The industry fee system imposes fees on the value of future groundfish landed in the trawl portion (excluding whiting catcher-processors) of the Pacific Coast groundfish fishery. It also imposes fees on coastal Dungeness crab and pink shrimp landed in the California, Washington, and Oregon fisheries for coastal Dungeness crab and pink shrimp. This action's intent is to implement the industry fee system.
Fisheries off West Coast States and in the Western Pacific; Pelagic Fisheries; Additional Measures to Reduce the Incidental Catch of Seabirds in the Hawaii Pelagic Longline Fishery
Document Number: 05-13691
Type: Proposed Rule
Date: 2005-07-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This proposed rule would require all Hawaii-based longline fishing vessels to either side-set (set longline gear from the side of the vessel rather than from the stern), or use a combination of other seabird mitigation measures to prevent seabirds, e.g., Laysan and black-footed albatrosses, from being accidentally hooked or entangled, and killed during fishing operations. This proposed rule is also intended to reduce the potential for interaction with endangered short- tailed albatrosses that are known to be in the area in which the fishery operates.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Modification of Access to the Eastern U.S./Canada Area
Document Number: 05-13673
Type: Rule
Date: 2005-07-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Administrator, Northeast Region, NMFS (Regional Administrator), has projected that the total allowable catch (TAC) for Georges Bank (GB) cod allocated for harvest from the Eastern U.S./ Canada Area will be fully harvested prior to the end of the fishing year if the rate of GB cod harvest remains at the current level. In response, this action limits all Northeast (NE) multispecies days-at- sea (DAS) vessels to one trip into the Eastern U.S./Canada Area per month through the end of the 2005 fishing year. In addition, this action requires all NE multispecies DAS vessels fishing in the Eastern U.S./Canada Area to use a haddock separator trawl for the remainder of the fishing year. This action is being taken to slow the rate of GB cod harvest from the Eastern U.S./Canada Area and to prolong access to the Eastern U.S./Canada Area throughout the 2005 fishing year and to help prevent over-harvesting the GB cod TAC from the Eastern U.S./Canada Area during the 2005 fishing year in accordance with the Magnuson- Stevens Fishery Conservation and Management Act.
Endangered Species; File No. 1541
Document Number: 05-13601
Type: Notice
Date: 2005-07-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Kristen M. Hart, Ph.D., United States Geologic Survey, Florida Integrated Science Center, Center for Coastal & Watershed Studies, has applied in due form for a permit to take green sea turtles (Chelonia mydas) for purposes of scientific research.
Proposed Information Collection; Comment Request; Submission of Conservation Efforts To Make Listings Unnecessary Under the Endangered Species Act
Document Number: 05-13599
Type: Notice
Date: 2005-07-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Petition for Emergency Rulemaking to Protect Deep-Sea Coral and Sponge Habitat from Mobile Bottom-Tending Fishing Gear Under the Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Provisions
Document Number: 05-13589
Type: Proposed Rule
Date: 2005-07-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces its decision on a petition for rulemaking under the Administrative Procedure Act (APA). Oceana, a non-governmental organization (NGO), petitioned the U.S. Department of Commerce to promulgate immediately a rule to protect deep-sea coral and sponge (DSCS) habitat from the impacts of mobile bottom-tending fishing gear. NMFS finds that the petitioned emergency rulemaking is not warranted. NMFS will work actively with each Regional Fishery Management Council (Council) to evaluate, and take action where appropriate to protect DSCS and may pursue future rulemakings to protect DSCS in specific locations based on analyses for specific fisheries. Additionally, NMFS plans to develop a strategy to address research, conservation, and management issues regarding DSCS habitat, which eventually may result in rulemaking for some fisheries.
Fisheries of the Exclusive Economic Zone Off Alaska; License Limitation Program for the Scallop Fishery
Document Number: 05-13588
Type: Rule
Date: 2005-07-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule to implement Amendment 10 to the Fishery Management Plan for the Scallop Fishery off Alaska (FMP), which modifies the gear endorsements under the License Limitation Program (LLP) for the scallop fishery. This action is necessary to allow increased participation by LLP license holders in the scallop fisheries off Alaska. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMP, and other applicable laws.
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit
Document Number: E5-3611
Type: Notice
Date: 2005-07-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Administrator, Northeast Region, NMFS (Regional Administrator) has made a preliminary determination that the subject Exempted Fishing Permit (EFP) application contains all the required information and warrants further consideration. The Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic Sea Scallop Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, NMFS announces that the Regional Administrator proposes to issue an EFP that would allow one or more vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP would allow for exemptions from the Atlantic sea scallop possession and landings restrictions specified at 50 CFR 648.53(a). The experiment proposes to conduct underwater videotaping of sea turtle interactions with scallop dredge gear. The EFP would allow these exemptions for one or more commercial vessels for a total of 20 days of fishing. All experimental work would be monitored by Coonamessett Farm, Inc., (CFI) personnel. 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 EFPs.
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
Document Number: E5-3602
Type: Notice
Date: 2005-07-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) has made a preliminary determination that the subject Exempted Fishing Permit (EFP) application contains all the required information and warrants further consideration. The Assistant Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Northeast (NE) Multispecies Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, the Assistant Regional Administrator proposes to recommend that an EFP be issued to test gear modification to reduce bycatch in the NE multispecies fishery that would allow three commercial fishing vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP would allow for exemptions from the FMP as follows: The Gulf of Maine (GOM) minimum mesh size requirements. Initially, the applicant requested an EFP to conduct research during May to July 15, 2005, and requested an exemption from the regulations pertaining to the GOM Rolling Closure Areas II and III at Sec. 648.81(f)(1)(ii) and (iii), respectively. Due to an oversight, exemptions from GOM minimum mesh size requirements and from the GOM Rolling Closure Area IV (Sec. 648.81(f)(1)(iv)) were omitted from the May 16, 2005 Federal Register notice (70 FR 25814) announcing the EFP for the project. This revision proposes a GOM minimum mesh size exemption (the GOM Rolling Closure Area exemptions would no longer be necessary due to the timing of this action) and would extend the duration of the project to August 12, 2005. 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 EFPs.
Endangered and Threatened Species: Recovery Plan Preparation for 16 Evolutionarily Significant Units (ESUs) of Pacific Salmon and Steelhead
Document Number: 05-13394
Type: Proposed Rule
Date: 2005-07-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces its intent to develop recovery plans for 16 ESUs of Pacific salmon and steelhead in the Northwest listed as threatened or endangered under the Endangered Species Act (ESA) and requests information from the public. NMFS is required by the ESA to develop and implement recovery plans for the conservation and survival of listed species. NMFS is working with state, Federal, tribal and local entities in Washington, Oregon and Idaho to produce draft recovery plans by December 2005.
Endangered and Threatened Species; Take of Anadromous Fish
Document Number: 05-13393
Type: Notice
Date: 2005-07-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS has received applications to grant permits to (Permit 1534), Rowdy Creek Fish Hatchery, Smith River, CA (Permit 1539), Siskiyou Resource Conservation District (RCD), Etna, CA. These permits would affect Southern Oregon/Northern California Coast (SONCC) coho salmon (Oncorhynchus kisutch). This document serves to notify the public of the availability of the permit application for review and comment before a final approval or disapproval is made by NMFS.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Amendment 15
Document Number: 05-13390
Type: Rule
Date: 2005-07-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to implement Amendment 15 to the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic (FMP). This final rule establishes a limited access system for the commercial fishery for Gulf and Atlantic migratory group king mackerel by capping participation at the current level. The final rule also changes the fishing year for Atlantic migratory group king and Spanish mackerel to March through February. The intended effects of this final rule are to provide economic and social stability in the fishery by preventing speculative entry into the fishery and to mitigate adverse impacts associated with potential quota closures.
Small Takes of Marine Mammals Incidental to Specified Activities; Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA
Document Number: 05-13389
Type: Notice
Date: 2005-07-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Monterey Bay National Marine Sanctuary (MBNMS) to take marine mammals by Level B harassment incidental to permitting professional fireworks displays within the Sanctuary in California waters.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Haddock Incidental Catch Allowance for the 2005 Atlantic Herring Fishery; Emergency Fishery Closure Due to the Presence of the Toxin That Causes Paralytic Shellfish Poisoning; Correction
Document Number: 05-13357
Type: Rule
Date: 2005-07-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is clarifying emergency regulations that closed portions of Federal waters of the Gulf of Maine, Georges Bank, and southern New England to the harvest of bivalve shellfish due to the presence of the toxin that causes Paralytic Shellfish Poisoning (PSP). This correction will allow for the collection and testing of samples for the toxin that causes PSP. In addition, this rule will correct the effective date for the definition of a ``Category 1 herring vessel'' and reinstate a prohibition on the sale of certain haddock that was inadvertently overwritten by the emergency rule.
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Total Allowable Catches for Georges Bank Cod, Haddock, and Yellowtail Flounder in the U.S./Canada Management Area for Fishing Year 2005
Document Number: 05-13356
Type: Rule
Date: 2005-07-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The following Total Allowable Catches (TACs) in the U.S./ Canada Management Area are implemented for the 2005 fishing year (FY): 260 mt of Georges Bank (GB) cod, 7,590 mt of GB haddock, and 4,260 mt of yellowtail flounder. This action is intended to meet the conservation and management requirements of the Magnuson-Stevens Fishery Conservation and Management Act.
Environmental Statements; Notice of Intent: Alaska Coastal Management Program; Scoping Meetings; Correction
Document Number: 05-13323
Type: Notice
Date: 2005-07-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
OCRM published a document in the Federal Register of June 24, 2005, announcing dates of the public scoping meetings pursuant to the National Environmental Policy Act (NEPA). The document contained incorrect citations of Alaska State regulations, and the years when the regulatory and legislative changes were made, and misstated the type of information NOAA is seeking from the public in the first sentence of DATES, and did not provide information regarding where the public could find a copy of the Alaska program change.
Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeastern Data, Assessment, and Review (SEDAR) Steering Committee Meeting.
Document Number: E5-3546
Type: Notice
Date: 2005-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The SEDAR Steering Committee will meet to discuss the SEDAR process, assessment scheduling, and management coordination.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
Document Number: E5-3545
Type: Notice
Date: 2005-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Mid-Atlantic Fishery Management Council's Summer Flounder Monitoring Committee, Scup Monitoring Committee, Black Sea Bass Monitoring Committee, and Bluefish Monitoring Committee will hold a public meeting.
Marine Mammals; File No. 932-1489
Document Number: 05-13265
Type: Notice
Date: 2005-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the Marine Mammal Health and Stranding and Response Program (MMHSRP), National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD, has been issued an amendment to Permit No. 932-1489 to continue stranding response activities for marine mammal species under NMFS jurisdiction.
Endangered and Threatened Species: Extension of Public Comment Period on Proposed Listing Determination for the Southern Distinct Population Segment of North American Green Sturgeon
Document Number: 05-13264
Type: Proposed Rule
Date: 2005-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In April 2005, NMFS proposed to list the Southern Distinct Population Segment (DPS) of the North American green sturgeon (Acipenser medirostris; hereafter ``green sturgeon'') as threatened under the Endangered Species Act. NMFS is extending the public comment period on the proposed listing determination until July 27, 2005.
Fisheries of the Exclusive Economic Zone Off Alaska; “Other Flatfish” in the Bering Sea and Aleutian Islands Management Area
Document Number: 05-13260
Type: Rule
Date: 2005-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS apportions amounts of the non-specified reserve of groundfish to the ``other flatfish'' initial total allowable catch (ITAC) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the fishery to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI.
Fisheries of the Exclusive Economic Zone Off Alaska; “Other Flatfish” in the Bering Sea and Aleutian Islands Management Area
Document Number: 05-13259
Type: Rule
Date: 2005-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for ``other flatfish'' in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 ``other flatfish'' total allowable catch (TAC) in the BSAI.
New England Fishery Management Council; Public Meeting
Document Number: E5-3487
Type: Notice
Date: 2005-07-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council's (Council) Scallop Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Marine Mammals; File No. 1078-1796
Document Number: 05-13181
Type: Notice
Date: 2005-07-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the Georgia Aquarium, 2451 Cumberland Parkway, Suite 3639, Atlanta, Georgia 30339-6157, has applied in due form for a permit to import two beluga whales (Delphinapterus leucas) for the purposes of public display.
Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Specifications and Management Measures; Inseason Adjustments
Document Number: 05-13178
Type: Rule
Date: 2005-07-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces adjustments to management measures in the commercial Pacific Coast groundfish fishery. These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), will allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.
Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole in the Bering Sea and Aleutian Islands Management Area
Document Number: 05-13048
Type: Rule
Date: 2005-07-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for rock sole in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 rock sole total allowable catch (TAC) in the BSAI.