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

The Assistant Administrator for Fisheries, NOAA (AA), on behalf of the International Pacific Halibut Commission (IPHC), publishes annual management measures to govern the Pacific halibut fishery. These measures are promulgated as regulations by the IPHC and accepted by the Secretary of State. The AA announces modifications to the Catch Sharing Plan (Plan) for Area 2A and implementing regulations for 2005, and announces approval of the Area 2A Plan. The AA also announces related changes to management measures in the recreational Pacific Coast groundfish fisheries, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP). These actions are intended to enhance the conservation of Pacific halibut and groundfish and further the goals and objectives of the Pacific Fishery Management Council (Pacific Council).

The South Atlantic Fishery Management Council (Council) will hold a meeting of its Scientific and Statistical Committee (SSC) and SSC Biological Subcommittee and Socio-economic Subcommittee in Charleston, SC.

NMFS has received an application for an incidental take permit (Permit) from David N. Hata, Ph.D., Virginia Polytechnic Institute and State University (Virginia Tech) pursuant to the Endangered Species Act of 1973, as amended (ESA). As required by the ESA, the application includes a conservation plan designed to minimize and mitigate any such take of endangered or threatened species. The Permit application is for the incidental take of ESA-listed sea turtles, shortnose sturgeon, smalltooth sawfish, and Atlantic salmon associated with otherwise lawful research to assess horseshoe crab abundance from Cape Cod, Massachusetts south to the Georgia-Florida border. The duration of the proposed Permit is for 6 years. NMFS is furnishing this notice in order to allow other agencies and the public an opportunity to review and comment on this document. All comments received will become part of the public record and will be available for review.

NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). These actions are necessary to allow the 2005 A season total allowable catch (TAC) of Pacific cod to be harvested.

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 prohibiting directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the second seasonal apportionment of the 2005 Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA has been reached.

NMFS issues this notice to notify the public that the United States has accepted conservation and management measures pertaining to fishing in Antarctic waters managed by the Commission for the Conservation of Antarctic Marine Living Resources (Commission or CCAMLR). The Commission adopted these measures at its twenty-third meeting in Hobart, Tasmania, October 25 to November 5, 2004. The measures have been agreed upon by the Member countries of CCAMLR, including the United States,in accordance with Article IX of the Convention for the Conservation of Antarctic Marine Living Resources (the Convention). The accepted conservation and management measures: restrict overall catches and bycatch of certain species of fish, krill and crab; limit participation in several exploratory fisheries; restrict fishing in certain areas and to certain gear types; set fishing seasons; require the use of a centralized Vessel Monitoring System (C-VMS); and urge the Members of CCAMLR as a matter of priority to adopt and use the electronic Dissostichus catch document. The Commission also adopted a number of non-binding resolutions urging action by Commission Members and Contracting Parties.

NMFS issues this notice to owners and leaseholders of all vessels listed in this document to submit a Historical Catcher Vessel Economic Data Report (EDR) for each vessel that made at least one crab landing in the Crab Rationalization (CR) fisheries in any of the calendar years 1998, 2001, or 2004. A Historical Catcher Vessel EDR must be submitted for each year 1998, 2001 and 2004, pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) and applicable regulations. The intent of this action is to provide notice for an evaluation of the economic effects of the CR.

NMFS re-proposes 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.

The Pacific Fishery Management Council's (Council) Ad Hoc Allocation Committee (Committee) will hold a working meeting, which is open to the public.

The Gulf of Mexico Fishery Management Council (Council) and NMFS intend to prepare a draft supplemental environmental impact statement (DSEIS) in support of a proposed Amendment to Extend the Charter Vessel/Headboat Permit Moratorium (Moratorium Amendment). The DSEIS will evaluate alternatives for allowing the permit moratorium to expire, extending the moratorium for a finite time period, or establishing a permanent limited access program. The purpose of this notice of intent is to solicit public comments on the range of alternatives and scope of issues to be addressed in the DSEIS.

The Pacific Fishery Management Council's (Council) Highly Migratory Species Management Team (HMSMT) will hold a work session, which is open to the public.

NMFS announces the availability of Amendment 24 to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Amendment 24) prepared by the Gulf of Mexico Fishery Management Council (Council). Amendment 24 would establish a limited access system for the Gulf of Mexico commercial reef fish fishery. The intended effect of Amendment 24 is to support the Council's efforts to achieve optimum yield in the fishery, and provide social and economic benefits associated with maintaining stability in the fishery.

The Pacific Fishery Management Council's (Council) Highly Migratory Species Advisory Subpanel (HMSAS) will hold a work session, which is open to the public.

NMFS has received a request from the California Department of Transportation (CALTRANS) for a renewal of its Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to seismic retrofit construction of the Richmond-San Rafael Bridge (the Bridge), San Francisco Bay (SFB), CA. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to renew an incidental take authorization to CALTRANS to incidentally take, by harassment, small numbers of Pacific harbor seals and possibly California sea lions for 1 year.

NOAA publishes this notice to announce the availability of the draft Prospectus for U.S. Climate Change Science Program (CCSP) Synthesis and Assessment Product 4.7-Impacts of Climate Change and Variability on Transportation Systems and Infrastructure: Gulf Coast Study-for public comment. After consideration of comments received on the draft Prospectus, the final Prospectus along with the comments received will be published on the CCSP web site.

The Director, State, Federal and Constituent Programs Office, Northeast Region, NMFS (Office Director) has made a preliminary determination that the subject Exempted Fishing Permit (EFP) application contains all the required information and warrants further consideration. The Office Director has also made a preliminary determination that the activities authorized under the EFPs would be consistent with the goals and objectives of Federal management of the American lobster resource. However, further review and consultation may be necessary before a final determination is made to issue EFPs. Therefore, NMFS announces that the Office Director proposes to issue EFPs that would allow a maximum of seven vessels to conduct fishing operations involving the use of one juvenile lobster collector trap per vessel that are otherwise restricted by the regulations governing the American lobster fisheries of the Northeastern United States. The EFP involves the non-destructive collection of size frequency and population data on legal and sublegal lobsters as part of an ongoing research project to monitor the offshore lobster fishery in Lobster Management Area 3. It would not involve the authorization of any additional trap gear in the area. A maximum of seven participating commercial fishing vessels will collect detailed abundance and size frequency data on the composition of lobsters in four general offshore study areas in a collaborative effort with the Atlantic Offshore Lobstermen's Association (AOLA). This EFP requests that each participating commercial fishing vessel utilize one modified juvenile lobster collector trap to collect population data. The lobster trap modifications are to the escape vents, and trap entrance head, not to the trap's size or configuration. Therefore, this modified trap would impact its environment no differently than the regular lobster trap it replaces and will add no additional traps to the area. After data is collected on lobsters in the trap, all sub-legal and berried female lobsters will be immediately returned to the sea. The EFP waives the American lobster escape vent requirement for a maximum of one trap per vessel for a maximum of seven vessels in the program. Therefore, this document invites comments on the issuance of EFPs to allow a maximum of seven commercial fishing vessels utilize a maximum of seven modified lobster traps and to collect statistical data using modified lobster trap gear.

Notice is hereby given that the National Marine Mammal Laboratory, National Marine Fisheries Service, NOAA, 7600 Sand Point Way, NE, BIN C15700, Bldg. 1, Seattle, WA 98115-0070, [John L. Bengtson, Ph.D., Principal Investigator] has been issued an amendment to Permit No. 782-1719 for purposes of scientific research.

Notice is hereby given that the following individuals and institutions have applied for a permit or permit amendment to conduct research on Steller sea lions (Eumetopias jubatus): Oregon Department of Fish and Wildlife, Corvallis, OR (ODFW; File No. 434-1669); the Aleutians East Borough, Juneau, AK (AEB: File No. 1010-1641); Dr. Randall Davis, Texas A&M University, Galveston, TX (File No. 800-1664); the Alaska SeaLife Center, Seward, AK (ASLC: File No. 881-1668); 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); and Dr. Markus Horning, Texas A&M University, Galveston, TX (File No. 1034-1773).

NMFS announces the availability of an Environmental Assessment (EA) prepared pursuant to the National Environmental Policy Act to analyze the potential impacts associated with exempting six pelagic longline vessels from existing area closures and other regulations for the purpose of evaluating whether gear modifications and/or various fishing techniques can avoid/reduce bycatch and associated regulatory discards of juvenile highly migratory species (HMS) in the Gulf of Mexico, Florida East Coast, South Atlantic Bight, Mid-Atlantic Bight, and Northeast Coastal statistical areas of the Atlantic Ocean. The EA examines alternatives available to authorize activities otherwise prohibited by regulations for the conduct of scientific research and the investigation of bycatch, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and other relevant Federal laws. NMFS is requesting comments on the alternatives outlined in the EA.

This notice announces the date and location of the public meeting being held prior to the 57th annual International Whaling Commission (IWC) meeting.

NMFS issues a final rule to amend the subsistence fishery rules for Pacific halibut in waters off Alaska. This action is necessary to address subsistence halibut management concerns in densely populated areas. This action is intended to meet the conservation and management requirements of the Northern Pacific Halibut Act of 1982 (Halibut Act) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

NMFS announces that the Administrator, Northeast Region, NMFS (Regional Administrator), has projected that 100 percent of the total allowable catch (TAC) of Georges Bank (GB) yellowtail flounder allocated to be harvested from the Western and Eastern U.S./Canada Areas has been harvested. The National Marine Fisheries Service, therefore, is closing the Eastern U.S./Canada Area to limited access NE multispecies days-at-sea (DAS) vessels and prohibiting all vessels from harvesting, possessing, or landing GB yellowtail flounder from within the entire U.S./Canada Management Area.

NMFS announces changes to management measures in the commercial and recreational Pacific Coast groundfish fisheries. 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. This action also contains corrections to the Pacific Coast groundfish management measures.