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

NMFS announces that the Director, Office of Sustainable Fisheries, is considering issuing an Exempted Fishing Permit to Limuli Laboratories of Cape May Court House, NJ, to conduct the fifth year of an exempted fishing operation otherwise restricted by regulations prohibiting the harvest of horseshoe crabs in the Carl N. Schuster Jr. Horseshoe Crab Reserve (Reserve) located 3 nautical miles (nm) seaward from the mouth of the Delaware Bay. If granted, the EFP would allow the harvest of 10,000 horseshoe crabs for biomedical purposes and require, as a condition of the EFP, the collection of data related to the status of horseshoe crabs within the Reserve. This notice also invites comments on the issuance of the EFP to Limuli Laboratories.

NMFS is establishing a Take Reduction Team (TRT) and convening a TRT meeting to address the incidental mortality and serious injury of long-finned pilot whales (Globicephala melas) and short-finned pilot whales (Globicephala macrorhynchus) in the Atlantic region of the Atlantic pelagic longline fishery. The TRT will develop a Take Reduction Plan (TRP) as required in the Marine Mammal Protection Act (MMPA). NMFS will seek input from the Atlantic Pelagic Longline TRT on all scientific data related to stock structure, abundance, and human- caused mortality and serious injury of pilot whales. The TRT will focus on developing a plan to reduce incidental catch of pilot whales in the Atlantic pelagic longline fishery to a level approaching a zero mortality and serious injury rate within 5 years of implementation of the plan.

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.

NMFS proposes revisions to the guidelines for National Standard 1 (NS1) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This action is necessary to clarify, amplify, and simplify the guidelines so that the Regional Fishery Management Councils (Councils) and the public can have a better understanding of how to establish status determination criteria (SDC) for stocks that vary in quality of available data, and how to construct and revise rebuilding plans. The intent of this action is to facilitate compliance with requirements of the Magnuson-Stevens Act.

NMFS is reallocating the projected unused amounts of Community Development Quota (CDQ), incidental catch allowance (ICA) and non-CDQ pollock from the Aleutian Islands subarea to the Bering Sea subarea. These actions are necessary to allow the 2005 total allowable catch (TAC) of pollock in the Aleutian Islands subarea to be harvested.

The National Marine Fisheries Service (NMFS) proposes to amend the regulations implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP), to revise the management measures for reducing the incidental mortality and serious injury to the North Atlantic right whale (Eubalaena glacialis), humpback whale (Megaptera novaeangliae), and fin whale (Balaenoptera physalus) in commercial fisheries to meet the goals of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). NMFS proposes additional regulations for the fisheries currently covered by the ALWTRP, which include the Northeast sink gillnet, Northeast/Mid-Atlantic American lobster trap/pot, U.S. Mid-Atlantic coastal gillnet, Southeast Atlantic gillnet, and Southeastern U.S. Atlantic shark gillnet fisheries. NMFS also proposes to regulate the following fisheries from the MMPA's List of Fisheries for the first time under the ALWTRP: Northeast anchored float gillnet, Northeast drift gillnet, Atlantic blue crab, and Atlantic mixed species trap/pot fisheries targeting crab (red, Jonah, and rock), hagfish, finfish (black sea bass, scup, tautog, cod, haddock, pollock, redfish (ocean perch), and white hake), conch/whelk, and shrimp.

NMFS has incorporated public comments into revisions of marine mammal stock assessment reports (SARs) and the guidelines for preparing marine mammal stock assessment reports. The 2004 final SARs and the revised guidelines are now complete and available to the public.

NMFS announces the approval of Amendment 83 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI) and Amendment 75 to the FMP for Groundfish of the Gulf of Alaska (GOA). The amendments make housekeeping revisions to the FMPs. The revisions update harvest, ecosystem, and socioeconomic information, consolidate text, and reorganize the documents. The intent of this action is to update information in the FMPs and to make them easier to read. This action promotes the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMPs, and other applicable laws.

The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has renewed the affirmative finding for the Government of Mexico under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow yellowfin tuna harvested in the Eastern Tropical Pacific (ETP) in compliance with the International Dolphin Conservation Program (IDCP) by Mexican-flag purse seine vessels or purse seine vessels operating under Mexican jurisdiction to be imported into the United States. The affirmative finding was based on review of documentary evidence submitted by the Government of Mexico and obtained from the Inter-American Tropical Tuna Commission (IATTC) and the U.S. Department of State.

Applications for the position of Director, Ocean.US are invited. Ocean.US was created by the National Oceanographic Partnership Program (NOPP) to coordinate the development of an operational integrated and sustained ocean observing system (IOOS). Information from the IOOS system will serve national needs for detecting and forecasting oceanic components of climate variability, facilitating safe and efficient marine operations, ensuring national security, managing resources for sustainable use, preserving and restoring healthy marine ecosystems, mitigating natural hazards, and ensuring public health. The Director will coordinate with vested interest groups on collaborative activities that accomplish Ocean.US goals to integrate ocean observing activities. These groups include Federal agencies, universities, private industry, state and local governments, and non- governmental organizations. The Director will develop and oversee broad-scale cooperative efforts and strategies of a national scope associated with coastal and ocean stewardship. The successful candidate will have high-level management experience and the ability to work with a wide range of people and interests to further the goals of Ocean.US and the IOOS. He or she should have demonstrated experience in administration, legislative and public processes, policy development, and constituent affairs. The Director is expected to lead a nation-wide, interagency effort to build coalitions, and should have experience managing staff and negotiating across organizational levels and boundaries. He or she should also have some familiarity with elements of the IOOS, such as Data Management and Communication, Modeling and Analysis, Research, and Education and Outreach. The successful candidate ideally will have a science background, familiarity with the Global Earth Observing System of Systems (GEOSS), the NOPP process, and the Federal spending process, including spending in a legislated, but unappropriated enterprise. He or she must also be able to obtain a security clearance. Applications, which should include a letter of interest, a curriculum vitae, and the names, addresses, and e-mail addresses of at least three references, should be sent to: Ocean.US, 2300 Claredon Blvd Suite 1350, Arlington, VA 22201-3667, Attn: Ms. Nicole Larrain. Review of the applications will begin on June 30, 2005, with a start date of October 1, 2005. The mode of employment will be negotiated, depending on the current employment status of the applicant. The search will remain open until the position is filled. Salary is commensurate with experience.

Notice is hereby given of a public meeting concerning the development of a national system of marine protected areas (MPAs) pursuant to Executive Order 13158 (May 26, 2000). The Gulf of Mexico Region Public Dialogue will be held July 18, 2005, 6:30-9 p.m. in New Orleans, Louisiana. This is the third in a series of regional dialogues to be 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 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. e.d.t. on July 8, 2005. Attendance will be available to the first 75 people who respond. Those who wish to attend but cannot due to space or schedule limitations can find background materials at the Web page listed below and may submit written statements to the e-mail, fax, or mailing address below. A written summary of the meeting will be posted on the Web site within one month of its occurrence.

NMFS issues a proposed rule to implement Amendment 79 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). This action is necessary to reduce bycatch and improve utilization of groundfish harvested by catcher/ processor trawl vessels in the Bering Sea and Aleutian Island management area (BSAI) that are not listed American Fisheries Act (AFA) catcher/processors referred to throughout this proposed rule as non-AFA catcher/processors. This action is intended to promote the management objectives of the Improved Retention/Improved Utilization (IRIU) program, the FMP, and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Notice is hereby given that the following individuals and institutions have been issued a permit or permit amendment to conduct research on Steller sea lions (Eumetopias jubatus): the National Marine Mammal Laboratory, Alaska Fisheries Science Center, Seattle, WA (NMML: File No. 782-1768); the Alaska Department of Fish and Game, Anchorage, AK (ADF&G: File No. 358-1769); the North Pacific Universities Marine Mammal Research Consortium, University of British Columbia, Vancouver, B.C. (NPUMMRC: File No. 715-1784); the Oregon Department of Fish and Wildlife, Corvallis, OR (ODFW; File No. 434-1669); the Aleutians East Borough, Juneau, AK (AEB: File No. 1010-1641); and the Alaska SeaLife Center, Seward, AK (ASLC: File No. 881-1668).

Notice is hereby given that the Dolphin Institute, 420 Ward Avenue, Suite 212, Honolulu, HI 96814 (Principal Investigator: Adam Pack, Ph.D.) has been issued a permit to conduct scientific research.

Notice is hereby given that Dr. Terrie Williams, Department of Biology, University of California at Santa Cruz, Long Marine Laboratory, Santa Cruz, CA 95064 has been issued an amendment to scientific research Permit No. 984-1587-03.

NMFS closes the commercial fishery for deep-water grouper (misty grouper, snowy grouper, yellowedge grouper, warsaw grouper, and speckled hind) in the exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has determined the deep-water grouper quota for the commercial fishery will have been reached by June 22, 2005. This closure is necessary to protect the deep-water grouper resource.

The Gulf of Mexico Fishery Management Council (Council) will convene its Charterboat Advisory Panel (AP) via conference call to review the ``Draft Amendment to the FMPs for Reef Fish (Amendment 25) and Coastal Migratory Pelagics (CMP) (Amendment 17) for extending the Charter Vessel/Headboat Permit Moratorium.''

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.

NMFS is promulgating emergency regulations to establish an incidental haddock catch allowance for the 2005 Atlantic herring fishery. Emergency action was requested by the New England Fishery Management Council (Council) at its meeting on March 30, 2005, to address haddock bycatch in the herring fishery. In developing these measures, NMFS considered recommendations made by the Council's Ad-hoc Bycatch Committee and the Council. The intent of these provisions is to allow the herring fleet to continue its normal fishing operations for the 2005 fishing year, despite the presence of two large year classes of haddock, without providing an incentive for the industry to target haddock, and without causing harm to the GB haddock resource. The proposed measures would reflect the intention of maintaining a haddock possession tolerance as close to zero as practicable, while allowing the herring industry to operate.

NMFS announces that it is considering, and is seeking public comment on, proposed rulemaking to control future access to the Atlantic mackerel fishery if a management regime is developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) to limit the number of participants in this fishery in Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP). This announcement alerts interested parties of potential eligibility criteria for future access so as to discourage speculative entry into the fishery while the Mid-Atlantic Fishery Management Council (Council) considers how access to the Atlantic mackerel fishery should be controlled. NMFS also reaffirms, on behalf of the Council, the most recent control date of July 5, 2002, for this fishery, which may be used for establishing eligibility criteria for determining levels of future access to the Atlantic mackerel fishery; informs the public that the Council is developing such a program in Amendment 10 to the FMP as expeditiously as possible; and notifies the public of several measures that are under consideration by the Council for inclusion in Amendment 10.

This document contains corrections to a final rule that was published on May 24, 2005.

NMFS issues this final rule, correcting amendment to the regulations governing the Bering Sea and Aleutian Islands crab fisheries. This action is necessary to clarify procedures and to correct discrepancies provided in a previous rulemaking. This final rule is intended to promote the goals and objectives of the Fishery Management Plan for Bering Sea/Aleutian Islands (BSAI) King and Tanner Crabs (FMP), the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and other applicable law.

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.

NMFS announces that it has approved the request of the State of North Carolina to transfer 82,774 lb (37,546 kg) of commercial summer flounder quota to the States of Maine, Connecticut, New York, and Maryland, and the Commonwealth of Massachusetts, in accordance with the Atlantic States Marine Fisheries Commission (ASMFC) Addendum XV to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

NMFS has received a request from Eglin Air Force Base (EAFB) for the take of small numbers of marine mammals, by harassment, incidental to Naval Explosive Ordnance Disposal School (NEODS) Training Operations at EAFB, Florida. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to authorize the Air Force to take, by harassment, small numbers of two species of cetaceans at EAFB beginning in July 7, 2005.