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

Fisheries Off West Coast States and in the Western Pacific; Western Pacific Pelagic Fisheries; Sea Turtle Mitigation Measures
Document Number: 05-22633
Type: Rule
Date: 2005-11-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule to reduce and mitigate interactions between sea turtles and fisheries managed under the Fishery Management Plan for the Pelagic Fisheries of the Western Pacific Region (Pelagics FMP). This rule includes requirements for attending protected species workshops, for handling, resuscitating, and releasing sea turtles that are hooked or entangled in fishing gear, and for fishing gear configuration. This action is being taken in part to comply with the terms and conditions of a 2004 Biological Opinion on impacts on sea turtles by fisheries managed under the Pelagics FMP.
Notice of Intent to Conduct Public Scoping Meetings and to Prepare an Environmental Impact Statement Related to the Bi-State Water Diversion Habitat Conservation Plan for the Walla Walla River Basin
Document Number: 05-22632
Type: Notice
Date: 2005-11-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Department of the Interior, Fish and Wildlife Service
The U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) advise interested parties of their intent to conduct public scoping under the National Environmental Policy Act (NEPA), to gather information to prepare an Environmental Impact Statement (EIS). The Services anticipate receiving permit applications from Gardena Farms Irrigation District (GFID), Hudson Bay District Improvement Company (HBDIC), and the Walla Walla River Irrigation District (WWRID). Other surface water diverters in the Walla Walla Basin, such as independent irrigators, ditch companies, and other local governments, may also apply. The permit applications would be submitted under the Endangered Species Act (ESA) for the incidental take of listed species through actions associated with the Bi-State Habitat Conservation Plan (HCP) for the Walla Walla River Basin. Given the present list of likely permit applicants, the geographic scope of the permit would be that portion of the mainstem Walla Walla River downstream from the Walla Walla River Irrigation District's diversion. If other surface water diverters apply for permits, the geographic scope would be expanded accordingly to include those stream reaches within the Walla Walla Basin that are potentially affected by those diversions. The proposed actions to be covered by the permit would be those activities undertaken by the applicants that are associated with the diversion and delivery of surface water.
Listing Endangered and Threatened Wildlife and Plants; Withdrawal of the Petition to List Eastern Oyster as Threatened or Endangered under the Endangered Species Act
Document Number: 05-22552
Type: Notice
Date: 2005-11-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that a request by Mr. Wolf-Dieter Busch (the petitioner) to withdraw his petition to list eastern oyster (Crassostrea virginica) has been received. NMFS has accepted this request and will cease the evaluation of the petition. However, in recognition of the considerable work that has been completed to date on the status review report and the value of this comprehensive resource to the management of this species, NMFS will ask the Biological Review Team (BRT) to complete the status review report.
South Atlantic Fishery Management Council; Public Hearings
Document Number: 05-22551
Type: Proposed Rule
Date: 2005-11-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The South Atlantic Fishery Management Council (Council) will hold an additional public hearing in Key West, Florida for Amendment 13C to the Snapper Grouper Fishery Management Plan. The additional hearing is being added to accommodate those recently impacted by Hurricane Wilma. Earlier public hearings have been noticed. A total of 11 public hearings regarding Amendment 13C will be held. Amendment 13C is intended to eliminate or phase out overfishing of snowy grouper, golden tilefish, vermilion snapper, and black sea bass; and increase red porgy harvest consistent with an updated stock assessment.
Endangered Species; File No. 1420; File No. 1543; File No. 1545; and File No. 1549
Document Number: 05-22472
Type: Notice
Date: 2005-11-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received applications from the following entities for permits or permit modifications for scientific research on shortnose sturgeon (Acipenser brevirostrum): Dr. Douglas Peterson, Warnell School of Forest Resources (Fisheries Division), University of Georgia, Athens, GA 30602 (Permit No. 1420); Duke Power Company (Gene E. Vaughan, Principal Investigator), Catawba-Wateree Hydropower Relicensing Project, Mail Code EC 12Y, P.O. Box 1006, Charlotte, NC 28201 (File No. 1543); North Carolina Zoological Park (John D. Groves, Principal Investigator), 4401 Zoo Parkway, Asheboro, NC 27205 (File No. 1545); andDr. Boyd Kynard, S.O. Conte Anadromous Fish Research Center (USGS- BRD), Box 796, One Migratory Way, Turners Falls, MA 01376 (File No. 1549).
New England Fishery Management Council; Public Meeting
Document Number: E5-6176
Type: Notice
Date: 2005-11-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) is scheduling a public meeting of its Capacity Committee on November 29, 2005, 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.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Atlantic; Commercial Spanish Mackerel Fishery of the Atlantic; Control Date
Document Number: 05-22364
Type: Proposed Rule
Date: 2005-11-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This notice announces the South Atlantic Fishery Management Council (SAFMC) is considering additional management measures to limit entry into the commercial fishery for Spanish mackerel in the exclusive economic zone of the Atlantic (South Atlantic EEZ). Possible measures include the establishment of a limited entry program to control participation or effort in the commercial Spanish mackerel fishery in the Atlantic. If a limited entry program is established, the SAMFC is considering June 15, 2004, as a possible control date.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: 05-22363
Type: Rule
Date: 2005-11-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has determined that the Atlantic bluefin tuna (BFT) General category daily retention limit on previously designated restricted fishing days (RFD) that was published on June 7, 2005, should be adjusted. Certain General category RFDs are being waived to allow for maximum utilization of the coastwide General category BFT quota. Therefore, NMFS waives the RFDs in November and increases the daily retention limit from zero to two large medium or giant BFT on the previously designated RFDs during the month of November 2005.
New Bedford Harbor Trustee Council; Proposed Funding for Natural Resource Restoration Projects
Document Number: 05-22237
Type: Notice
Date: 2005-11-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On behalf of the New Bedford Harbor Trustee Council (Council), NMFS, serving as the Administrative Trustee, publishes this notice to see comment on its proposed funding of six restoration projects for possible implementation through funding from the AVX Natural Resource Damages Trust Account (Trust Account). The Council, through an earlier published Federal Register notice requested grant applications for projects to restore natural resources that were injured by the release of hazardous substances and materials, including polychlorinated biphenyls (PCBs), in the New Bedford Harbor Environment (Harbor Environment). Nineteen grant applications for natural resource restoration projects were submitted for consideration by the Council. The Council is now seeking public comment on the preferred projects to assist in making a final decision on projects eligible for funding.
Availability of Seats for the Gulf of the Farallones National Marine Sanctuary Advisory Council
Document Number: 05-22172
Type: Notice
Date: 2005-11-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of the Farallones National Marine Sanctuary (GFNMS or Sanctuary) is seeking applicants for the following seats on its Sanctuary Advisory Council (Advisory Council): At Large for Marin/Sonoma Counties (Primary and Alternate). At Large for San Francisco/San Mateo Counties (Primary and Alternate). Conservation (two Primary seats and two Alternates). Education (Primary and Alternate). Maritime Activities/Commercial (Primary and Alternate). Maritime Activities/Recreational (Primary and Alternate). Research (Primary and Alternate). 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 either a two or three-year term, pursuant to the Advisory Council's Charter.
Marine Mammals; File No. 821-1588-04
Document Number: 05-22130
Type: Notice
Date: 2005-11-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the Texas A&M University, Department of Marine Biology, P.O. Box 1675, Galveston, TX 77551 (Principal Investigator: Randall W. Davis, Ph.D.) has withdrawn its application to amendment Permit No. 821-1588-03 to conduct research Northern fur seals (Callorhinus ursinus).
Fisheries Off West Coast States and in the Western Pacific; Highly Migratory Species Fisheries; Data Collection Requirements for U.S. Commercial and Recreational Charter Fishing Vessels
Document Number: 05-21873
Type: Rule
Date: 2005-11-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements pertaining to vessel identification contained in the final rule to implement the approved portions of the U.S. West Coast Highly Migratory Species Fishery Management Plan (HMS FMP), and the effectiveness of those requirements. On February 4, 2004, NMFS partially approved the HMS FMP, and the final rule to implement the approved portions of the HMS FMP was published in the Federal Register on April 7, 2004. The HMS FMP final rule contained vessel identification requirements subject to the Paperwork Reduction Act (PRA) that, at the time of publication, were still undergoing OMB review. This action is intended to inform the public of the effective date of the requirement approved by OMB.
Endangered and Threatened Species: Request for Comment on Alternative Approach to Delineating 10 Evolutionarily Significant Units of West Coast Oncorhynchus mykiss
Document Number: 05-22043
Type: Proposed Rule
Date: 2005-11-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In June 2004, we (NMFS) proposed that 10 Evolutionarily Significant Units (ESUs) of West Coast Oncorhynchus mykiss be listed as endangered or threatened species under the Endangered Species Act (ESA). We have reconsidered the preliminary decision to apply the Pacific salmon ESU Policy to these stocks and seek comment on our proposed application of the joint NMFS/U.S. Fish and Wildlife Service (FWS) ``Policy Regarding the Recognition of Distinct Vertebrate Population Segments under the ESA'' (DPS Policy) to the delineation of Oncorhynchus mykiss distinct population segments (DPSs).
Endangered Species; File No. 1553 and File No. 1555
Document Number: 05-22042
Type: Notice
Date: 2005-11-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received applications from the following entities for permits for scientific research on shortnose sturgeon (Acipenser brevirostrum): Michael Mangold, U.S. Fish and Wildlife Service, Maryland Fishery Resources Office, 177 Admiral Cochrane Drive, Annapolis, MD 21401 (File No. 1553); and David J. Stier, Springfield Science Museum, 220 State Street, Springfield, MA 01103 (File No. 1555).
Mid-Atlantic Fishery Management Council (MAFMC); Meetings
Document Number: E5-6089
Type: Notice
Date: 2005-11-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Mid-Atlantic Fishery Management Council's (Council) Summer Flounder Monitoring Committee, Scup Monitoring Committee, and Black Sea Bass Monitoring Committee, The Joint Mid-Atlantic Fishery Management Council (MAFMC) and the Atlantic States Marine Fisheries Commission's (ASMFC) Summer Flounder, Scup, and Black Sea Bass Industry Advisory Panels will hold public meetings.
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery
Document Number: 05-21953
Type: Rule
Date: 2005-11-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final rule amends current regulatory text regarding boundaries for the essential fish habitat (EFH) closures that were established by Framework 16 to the Atlantic Sea Scallop (Scallop) Fishery Management Plan (FMP) and Framework 39 to the Northeast Multispecies (NE Multispecies) FMP (Joint Frameworks 16/39) in order to reflect recent court orders in Oceana v. Evans, vacating such text and reinstating boundaries for EFH closures established by Amendment 10 to the Scallop FMP (Amendment 10). This final rule also revises the Scallop Access Area boundaries to be consistent with the redefined EFH closed areas.
Fisheries of the Exclusive Economic Zone Off Alaska; Notice of Crab Rationalization Program Public Workshop
Document Number: 05-21872
Type: Notice
Date: 2005-11-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS will present a public workshop on the new Crab Rationalization Program (Program) for participants in the Bering Sea and Aleutian Islands (BSAI) king and Tanner crab fisheries. At this workshop, NMFS will review the Program, discuss the key Program elements, provide information on the application process, and answer questions. This workshop is specifically intended to address issues related to the Arbitration System portion of the Program. NMFS is conducting this public workshop to assist participants comply with the requirements of this new Program.
Endangered and Threatened Species; Revision of Critical Habitat for the Northern Right Whale in the Pacific Ocean
Document Number: 05-21861
Type: Proposed Rule
Date: 2005-11-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
National Marine Fisheries Service (NMFS) proposes to revise the current critical habitat for the northern right whale (Eubalaena glacialis) by designating additional areas within the North Pacific Ocean. Two specific areas proposed for designation, one in the Gulf of Alaska and another in the Bering Sea, comprise approximately 95,200 square kilometers (36,750 square miles) of marine habitat. Based upon the impacts analysis prepared for this action, NMFS has concluded that the benefits of exclusion of any area from the proposed critical habitat designation do not outweigh the benefits of inclusion. Consequently, no exclusions are proposed. NMFS must consider the broad effects of this designation (revision). NMFS solicits comments from the public on all aspects of the proposal, including information on the economic, national security, and other relevant impacts of the proposed designation. NMFS may revise this proposal and solicit additional comments prior to final designation to address new information received during the comment period.
Cancellation of Marine Protected Areas Federal Advisory Committee Meeting
Document Number: 05-21816
Type: Notice
Date: 2005-11-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the meeting of the Marine Protected Areas Federal Advisory Committee (MPAFAC), which was to be held November 1-3, 2005, in Corpus Christi, Texas is cancelled (Federal Register, v.70, No. 191, p. 57863-57864). Notice of the rescheduled date will be published in the Federal Register and posted on http:// www.mpa.gov.
National Sea Grant Review Panel
Document Number: 05-21814
Type: Notice
Date: 2005-11-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Sea Grant Review Panel. The meeting will have several purposes. Panel members will discuss and provide advice on the National Sea Grant College Program in the areas of program evaluation, strategic planning, education, communications and extension, science and technology programs, and other matters as described below:
National Marine Protected Areas Center West Coast Region Public Dialogue Meetings
Document Number: 05-21811
Type: Notice
Date: 2005-11-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given of two (2) West Coast Region Public Dialogue meetings concerning the development of the national system of marine protected areas (MPAs) pursuant to Executive Order 13158 (May 26, 2000). The State of California Public Dialogue will be held December 12, 2005, 6:30-9 p.m. in San Francisco, California. The State of Washington Public Dialogue will be held December 13, 2005, 6:30-9 p.m. in Seattle, Washington. These are the fourth and fifth in a series of regional dialogues being held around the United States to solicit input from the public concerning their views on a national system of MPAs. Additional meetings will be announced and scheduled pending available resources. Refer to the web page listed below for background information concerning the development of the national system of MPAs. Meeting room capacity for each of these meetings is limited to 75 people, and as such interested participants are required to RSVP via the e-mail address (preferable), fax number, or phone number listed below, by no later than 5 p.m. p.s.t. on November 28, 2005. In the RSVP, please indicate which Public Dialogue meeting, either California or Seattle, you plan to attend. Attendance will be available to the first 75 people who responded for each meeting. Those who cannot attend due to space, schedule, or other limitations can find background materials at the web page listed below and may submit written comments to the e-mail, fax, or mailing address below. A written summary of the meeting and any other comments received will be posted on the web site within one month of its occurrence.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 of the Gulf of Alaska
Document Number: 05-21773
Type: Rule
Date: 2005-11-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is opening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) for 24 hours. This action is necessary to fully use the 2005 total allowable catch (TAC) of pollock specified for Statistical Area 630.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; Proposed 2006 and 2007 Fishing Quotas for Ocean Quahogs
Document Number: 05-21772
Type: Proposed Rule
Date: 2005-11-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes quotas for the ocean quahog fishery for 2006 and 2007. Specifications for the Atlantic surfclam and Maine ocean quahog fishery, which remain unchanged from the multi-year quota specifications, are reprinted here for clarity. Regulations governing these fisheries require NMFS to publish the proposed specifications for the 2006 and 2007 fishing years and seek public comment on such proposed measures. The intent of this action is to propose allowable harvest levels of ocean quahogs from the Exclusive Economic Zone.
Proposed Information Collection; Comment Request; Alaska Seabird Avoidance Program
Document Number: 05-21688
Type: Notice
Date: 2005-11-01
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.
Proposed Information Collection; Comment Request; Coastal and Estuarine Land Conservation Planning, Protection or Restoration
Document Number: 05-21687
Type: Notice
Date: 2005-11-01
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.
Proposed Information Collection; Comment Request; Alaska Individual Fishing Quota Cost Recovery Program Requirements
Document Number: 05-21686
Type: Notice
Date: 2005-11-01
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.
Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Spiny Dogfish; Open Access; Routine Management Measure; Closure Authority
Document Number: 05-21618
Type: Rule
Date: 2005-11-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action extends an emergency rule, now in effect, that establishes routine management measure authority, under the Pacific Coast Groundfish Fishery Management Plan (Pacific Coast Groundfish FMP), to reduce trip limits to incidental levels in the open access fishery for groundfish before the sector has taken its full target groundfish species' allocations, to minimize impacts on overfished species. The mechanism established by this action is necessary to quickly restrict the directed open access groundfish fishery if NMFS estimates that the incidental catch of an overfished species is too high.