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

NMFS has determined that the Atlantic bluefin tuna (BFT) General and Charter/Headboat Permit category daily retention limits should be adjusted for the 2005 fishing year, which begins on June 1, 2005 and ends May 31, 2006. The adjustment will allow maximum utilization of the General category June through August time-period subquota, and will enhance recreational BFT fishing opportunities aboard Charter/Headboat vessels in the early portion of the season. Therefore, NMFS increases the daily BFT retention limits to provide enhanced commercial General category and recreational Charter/Headboat fishing opportunities in all areas without risking overharvest of the General and Angling category quotas. The final initial 2005 BFT Specifications and General category effort controls are provided in a separate Federal Register document.

The Gulf of Mexico Fishery Management Council (Council) will convene its Red Snapper Advisory Panel (AP).

Notice is hereby given that Guam Division of Aquatic and Wildlife Resources (DAWR), 142 Dairy Road, Mangilao, Guam 96913, has applied in due form for a permit to take green (Chelonia mydas) and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

The North Pacific Fishery Management Council (Council) has submitted Amendment 79 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). If approved, Amendment 79 would add a management objective to the goals and objectives section of the FMP that would improve the retention of Bering Sea and Aleutian Islands (BSAI) groundfish species where practicable through the establishment of a minimum Groundfish Retention Standard (GRS). 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). This action is necessary to reduce discards and improve utilization in BSAI groundfish fisheries.

NMFS proposes regulations to implement Framework 17 to the Atlantic Sea Scallop Fishery Management Plan (Framework 17) developed by the New England Fishery Management Council (Council). Framework 17 would require that vessels issued a general category scallop permit and that intend to land over 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, install and operate vessel monitoring systems (VMS). Framework 17 would also allow general category scallop vessels with VMS units to turn off (power-down) the VMS units after they have offloaded scallops and while they are tied to a fixed dock or mooring. Finally, Framework 17 proposes to revise the broken trip adjustment provision for limited access scallop vessels fishing in the Sea Scallop Area Access Program. The intent of this action is to provide more complete monitoring of the general category scallop fleet, to reduce VMS operating costs, and to eliminate a provision that may have a negative influence on vessel operator decisions at sea.

NMFS issues this final rule to implement Amendment 22 to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Amendment 22) prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule provides the regulatory authority to implement a mandatory observer program for selected commercial and for-hire (charter vessel/headboat) vessels in the Gulf of Mexico reef fish fishery. In addition, consistent with the requirements of the Magnuson-Stevens Act, Amendment 22 establishes a stock rebuilding plan, biological reference points, and stock status determination criteria for red snapper in the Gulf of Mexico. The intended effect of this final rule is to contribute to ending overfishing and rebuilding the red snapper resource. Finally, NMFS informs the public of the approval by the Office of Management and Budget (OMB) of the collection-of-information requirements contained in this final rule and publishes the OMB control numbers for those collections.

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce has approved the revised management plan, which includes an expansion of the boundary of the reserve, for the Delaware National Estuarine Research Reserve. The Delaware Reserve was designated in 1993, pursuant to Section 315 of the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1461. The reserve has been operating under a management plan approved in 1993. Pursuant to 15 CFR 921.33(c), a state must revise their management plan every five years. The submission of this plan fulfills this requirement and sets a course for successful implementation of the goals and objectives of the reserve. The Delaware National Estuarine Research Reserve is administered in partnership with the Delaware Department of Natural Resources and Environmental Control. The reserve consists of two component sites that are located thirty miles apart. These components include both brackish and freshwater estuaries and represent the diverse estuarine ecosystems found throughout the Mid-Atlantic region. The Upper Blackbird Creek site in New Castle County is a low salinity brackish or freshwater system that is located in a rural area. The Lower St. Jones River site in Kent County is located just south of the state capital and represents a more saline estuary that has experienced greater impacts from the surrounding development. These diverse settings provide an ideal opportunity to study anthropogenic impacts to natural estuarine and coastal systems and to convey information about the importance of estuarine habitats and functions to the citizens of Delaware. The mission of the reserve is to preserve and manage the natural resources within the two reserve components for research, to provide education and outreach programs that promote better understanding of Delaware's estuarine and coastal areas, and to promote informed coastal decisionmaking. Goals and objectives to advance this mission are identified within the management plan for administration; facilities and construction; public access; education, interpretation and outreach; environmental research and monitoring; and stewardship. Administrative goals for the Delaware Reserve include increasing volunteer activities; coordinating with partners to promote science based management; and ensuring that education, research, monitoring, and land management efforts are supported with staff, facilities and operational necessities. Facilities that were constructed over the past three years at the St. Jones component site will be maintained for reserve and for community and partner use. Education, interpretation and outreach efforts will focus on enhancing public understanding of the function of estuaries and promoting the wise use of estuarine resources to encourage an environmental ethic. Programs for the public, for students, teachers, and coastal decisionmakers will be offered and exhibits at the visitor center will be maintained and updated as needed. The reserve education program will continue to improve the use of Web based tools and public events to promote increased estuarine awareness among target audiences and the general public. The Delaware reserve's research and monitoring program will focus on anthropogenic impacts that contribute to habitat degradation or loss. The reserve research and monitoring goals are to identify the various types, quality, and quantity of habitats available in the estuary to facilitate proper management and protection; and to identify, monitor, and limit the anthropogenic impacts to the estuarine system. Specifically, the reserve will develop an on site library of reference materials and data; collect baseline data and build a database for use in long term studies; promote the use of the reserve within the research community in the study of anthropogenic changes; disseminate important research and monitoring results about Delaware estuaries to key decisionmakers and the scientific community; and increase monitoring. Habitat protection and restoration efforts over the next five years will address controlling invasive species, developing best management practices for agricultural lands surrounding the reserve, monitoring land use decisions within the reserve watershed, and developing conservation plans for all reserve owned property. One hundred and forty seven privately held acres adjacent to the Upper Blackbird Creek component were acquired by the reserve in 2004. Obtaining land adjacent to the Blackbird Creek will ensure that researchers have adequate access to the natural resources of the reserve and will add woodland, marsh and open field upland habitats to this component site. The management plan incorporates the land into the reserve boundary and outlines a plan to phase in public access, education programming, and restoration activities on the new property.

NMFS is implementing approved measures contained in Framework Adjustment 40B (FW 40B) to the NE Multispecies Fishery Management Plan (FMP). FW 40B was developed by the New England Fishery Management Council (Council) to modify existing effort control programs implemented under Amendment 13 to the FMP to improve the effectiveness of these programs, to create additional opportunities for commercial fishing vessels in the fishery to target healthy groundfish stocks, and to increase the information available to assess groundfish bycatch in the herring fishery. This final rule implements several revisions to the Days-at-Sea (DAS) Leasing and Transfer Programs, modifies provisions for the Closed Area (CA) II Yellowtail Flounder Special Access Program (SAP), revises the allocation criteria for the Georges Bank (GB) Cod Hook Sector (Sector), establishes a DAS credit for vessels standing by an entangled whale, implements new notification requirements for Category 1 herring vessels, and removes the net limit for Trip gillnet vessels.

The Mid-Atlantic Fishery Management Council (Council) and its Atlantic Mackerel, Squid, Butterfish Committee; its Tilefish Committee; its Ecosystems Committee; and, its Executive Committee will hold public meetings.

NMFS issues this proposed rule to implement Amendment 6 to the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This proposed rule would require an owner or operator of a trawler that harvests or possesses brown, pink, or white shrimp (penaeid shrimp) in or from the exclusive economic zone (EEZ) off the southern Atlantic states to obtain a commercial vessel permit for South Atlantic penaeid shrimp; require an owner or operator of a vessel in the South Atlantic rock shrimp or penaeid shrimp fishery to submit catch and effort reports and to carry an observer on selected trips; and require bycatch reduction devices (BRDs) in nets in the rock shrimp fishery. Amendment 6 also proposes to establish stock status determination criteria for South Atlantic penaeid shrimp; revise the specifications of maximum sustainable yield (MSY) and optimum yield (OY) for South Atlantic rock shrimp; revise the stock status determination criteria for South Atlantic rock shrimp; revise the bycatch reduction criterion for the certification of BRDs; and transfer from the Council to the Regional Administrator, Southeast Region, NMFS (RA), responsibilities for the specification of the protocol for testing BRDs. Finally, NMFS proposes to remove provisions of the regulations applicable to other fisheries off the southern Atlantic states that are no longer applicable and to make minor corrections. The intended effects of this rule are to provide additional information for, and improve the effective management of, the shrimp fisheries off the southern Atlantic states and to correct and clarify the regulations applicable to other southern Atlantic fisheries.

In accordance with provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to The Boeing Company (Boeing) to take marine mammals by harassment incidental to harbor activities related to the Delta IV/Evolved Expendable Launch Vehicle (EELV) at south Vandenberg Air Force Base, CA (VAFB).

Notice is hereby given that Carlos Diez, Departamento de Recursos Naturales y Abmientales de Puerto Rico, P.O. Box 9066600, San Juan, Puerto Rico 00906-6600, has applied in due form for a permit to take hawksbill (Eretmochelys imbricata) and green (Chelonia mydas) sea turtles for purposes of scientific research.

The Gulf of Mexico Fishery Management Council (Council) will convene public hearings to solicit comments on 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 and Draft Amendment 18A to the Reef Fish Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico, and to conduct a workshop on potential interim measures to reduce recreational red grouper harvest in the Gulf of Mexico, with associated impacts on gag and other groupers.

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 and extension, science and technology programs, and other matters as described below:

NMFS announces that the Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) proposes to recommend that an EFP be issued in response to an application submitted by the Cornell Cooperative Extension of Suffolk County (Cornell). The EFP would allow one commercial fishing vessel to conduct a study examining vent sizes in black sea bass pots from approximately June 1, 2005, through May 31, 2006. The Assistant Regional Administrator has made a preliminary determination that the application contains all of the required information and warrants further consideration and that the activities to be authorized under the EFP would be consistent with the goals and objectives of the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. However, further review and consultation may be necessary before a final determination is made to issue an EFP.

NMFS issues a final rule to implement Amendment 11 to the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region (Amendment 11), which establish a limited entry system for pelagic longline vessels fishing in waters of the U.S. exclusive economic zone (EEZ) around American Samoa. The action is necessary to effectively manage the pelagics fisheries around American Samoa. This final rule is intended to establish management measures that would stabilize effort in the fishery to avoid a ``boom and bust'' cycle of fishery development that could disrupt community participation and limit opportunity for substantial participation in the fishery by indigenous islanders.

The South Atlantic Fishery Management Council (Council) intends to prepare a DEIS to assess the impacts on the natural and human environment of the management measures proposed in its draft Fishery Ecosystem Plan Comprehensive Amendment.

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.

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.

The Gulf of Mexico Fishery Management Council (Council) will convene its Socioeconomic Panel (SEP).

The Gulf of Mexico Fishery Management Council (Council) will convene its Ecosystem Scientific and Statistical Committee (SSC).

The National Oceanic and Atmospheric Administration (NOAA) proposes to amend its regulations governing the licensing of private Earth remote sensing space systems under Title II of the Land Remote Sensing Policy Act of 1992, 15 U.S.C. 5621 et seq. (the Act). The proposed amendments update the regulations to reflect: The new U.S. Commercial Remote Sensing Policy issued in April 2003, experience gained since August 2000 with respect to the licensing of commercial remote sensing space systems, and improvements that take into account public comments received on the regulations. The proposed amendments will allow NOAA to more effectively license Earth remote sensing space systems and help to ensure their compliance with the requirements of the Act.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Pennsylvania Coastal Management Program. The Coastal Zone Management Program evaluation will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended, (CZMA) and regulations at 15 CFR Part 923, Subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of Coastal Zone Management Programs requires findings concerning the extent to which a state has met the national objectives, adhered to its Coastal Management Program document approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. The evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, state and local agencies and members of the public. A public meeting will be held as part of the site visit. Notice is hereby given of the date of the site visit for the listed evaluation, and the date, local time, and location of the public meeting during the site visit. The Pennsylvania Coastal Management Program evaluation site visit will be held July 11-15, 2005. One public meeting will be held during the week. The public meeting will be held on Wednesday, July 13, 2005, at 7 p.m. at the Philadelphia Water Works, 640 Water Works Drive, Philadelphia, Pennsylvania. Copies of a state's most recent performance reports, as well as OCRM's notification and supplemental request letters to the state, are available upon request from OCRM. Written comments from interested parties regarding this Program are encouraged and will be accepted until 15 days after the public meeting. Please direct written comments to Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East- West Highway, 10th Floor, Silver Spring, Maryland 20910. When the evaluation is completed, OCRM will place a notice in the Federal Register announcing the availability of the Final Evaluation Findings. Notice is hereby given of the availability of the final evaluation findings for the Virgin Islands Coastal Management Program (CMP); and the South Slough (Oregon) and Guana-Tolomato-Matanzas (Florida) National Estuarine Research Reserves (NERRs). Sections 312 and 315 of the Coastal Zone Management Act of 1972 (CZMA), as amended, require a continuing review of the performance of coastal states with respect to approval of CMPs and the operation and management of NERRs. The territory of the Virgin Islands was found to be implementing and enforcing its federally approved coastal management program, addressing the national coastal management objectives identified in CZMA Section 303(2)(A)-(K), and adhering to the programmatic terms of its financial assistance awards. South Slough (Oregon) and Guana- Tolomato-Matanzas (Florida) NERRs were found to be adhering to programmatic requirements of the NERR System. Copies of these final evaluation findings may be obtained upon written request from: Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, Silver Spring, Maryland 20910, or Ralph.Cantral@noaa.gov, (301) 713-3155, extension 118.

Notice is hereby given that NMFS has received a scientific research and enhancement permit application relating to Pacific salmon. Permit 1530 would be issued jointly to the Washington Department of Fish and Wildlife, Nez Perce Tribe through the Bureau of Indian Affairs, and the Idaho Department of Fish and Game (Applicants) to operate the adult fish trap at Lower Granite Dam. The proposed actions are intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts. It is also intended to facilitate collection of broodstock to supply an artificial propagation program designed to enhance the propagation and survival of threatened Snake River fall chinook salmon.

NMFS is announcing workshops that will demonstrate proper sea turtle handling, resuscitation, and release techniques for vessel operators using bottom longline (BLL) gear to catch sharks in the Atlantic Ocean, including the Gulf of Mexico. The workshops will also summarize the current regulations pertaining to safe handling and release protocols and requirements for possession and use of mitigation equipment for sea turtles and other protected resources.