National Oceanic and Atmospheric Administration March 2006 – Federal Register Recent Federal Regulation Documents

NMFS announces the closure of several commercial and recreational fisheries in areas extending from Cape Falcon, OR, to Point Sur, CA by inseason action. The recently developed preseason forecast for Klamath River fall Chinook (KRFC) is low such that the expected return in 2006 is significantly less than the 35,000 natural spawner escapement floor established in the Pacific Coast Salmon Fishery Management Plan (FMP). All other regulations remain in effect as announced in the 2005 annual management measures for ocean salmon fisheries. This action is necessary to conform to the conservation objectives specified in the FMP.

Notice is hereby given that NMFS has received an application to renew and modify a permit from Trinity River Restoration Program, Weaverville, Arcata, CA (Permit (1072). This permit 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.

The Pacific Fishery Management Council (Council) and its advisory entities will hold public meetings.

NMFS is correcting a final rule that appeared in the Federal Register of February 24, 2006. The document issued final specifications for the 2006 Atlantic bluefish fisheries. Inadvertently, Table 1 of the final rule contained incorrect individual state commercial quota allocations (after adjusting for the research set-aside quota). This document corrects that error.

The New England Fishery Management Council (Council) is scheduling a public meetings of its Standardized Bycatch Reporting Methodology (SBRM) Committee in April, 2006, 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.

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 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-forth meeting in Hobart, Tasmania, October 24 to November 4, 2005. 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 conservation and management measures accepted: restrict overall catches, research catch 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; clarify seabird mitigation measures; clarify Member data reporting timelines and vessel monitoring reporting; adopt definitions for use in operating the Catch Documentation Scheme (CDS). The Commission adopted a list of vessels suspected to be engaged in illegal, unregulated or unreported fishing (IUU vessel list) in the Convention Area. The Commission also adopted a resolution urging Member participation in a non-Contracting Party Cooperation Enhancement Program.

NMFS is prohibiting directed fishing for Pacific cod by catcher processor vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2006 first seasonal allowance of the Pacific cod total allowable catch (TAC) specified for catcher processor vessels using trawl gear in the BSAI.

The National Oceanic and Atmospheric Administration's (NOAA's) Damage and Restoration Program (DARP) is announcing new indirect cost rates on the recovery of indirect costs for its component organizations involved in natural resource damage assessment and restoration activities for fiscal year (FY) 2004. The indirect cost rates for this fiscal year and dates of implementation are provided in this notice. More information on these rates and the DARP policy can be found at the DARP Web site at https://www.darp.noaa.gov.

NMFS, in cooperation with the Pacific Fishery Management Council (Council), announces its intention to prepare an EIS in accordance with the National Environmental Policy Act (NEPA). NMFS and the Council intend to expand the scope of an EIS they had initially announced as needed to assess the impacts of the 2007-2008 Pacific Coast groundfish fishery specifications and management measures on the human, biological, and physical environment. The scope of this EIS will be expanded to include an analysis of the impacts of revising the rebuilding plans for the seven overfished Pacific Coast groundfish species. Revisions to rebuilding plans will be incorporated in the Pacific Coast Groundfish Fishery Management Plan (FMP) via Amendment 16-4.

This document provides notice of the addition of an authorized reseller for the previously type approved ST2500G-NMFS Mobile Transceiver Unit (MTU).

NMFS announces its intent to prepare the Alaska Groundfish Harvest Specifications Environmental Impact Statement (EIS), in accordance with the National Environmental Policy Act of 1969 (NEPA), for the Bering Sea and Aleutian Islands (BSAI) and the Gulf of Alaska (GOA) groundfish fisheries. The scope of the EIS will be to determine the impacts to the human environment resulting from setting groundfish harvest specifications. NMFS will hold a public scoping meeting and accept written comments from the public to determine the issues of concern and the appropriate range of management alternatives to be addressed in the EIS.

NMFS is prohibiting directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the B season allowance of the 2006 total allowable catch (TAC) of pollock for Statistical Area 630 of the GOA.

Notice is hereby given of a meeting of NMFS with the state fish and game department directors and saltwater sportfishing community. This 3-day meeting is held to solicit stakeholder and constituent input on NOAA's recreational fishing data collection program. Agenda topics are provided under the SUPPLEMENTARY INFORMATION section of this notice. All sessions will be open to the public.

NMFS issues this proposed rule to implement Amendment 17 to the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic (Amendment 17) and Amendment 25 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (Amendment 25) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would establish a limited access system for charter vessel/headboat (for-hire) permits for the reef fish and coastal migratory pelagic fisheries in the exclusive economic zone (EEZ) of the Gulf of Mexico and would continue to cap participation at current levels. In addition, NMFS proposes a number of minor revisions to remove outdated regulatory text and to clarify regulatory text. The intended effect of this proposed rule is to provide for biological, social, and economic stability in these for- hire fisheries.

NMFS proposes three types of 2006 fishing year (FY) Total Allowable Catches (TACs) for the Northeast (NE) Multispecies Fishery Management Plan (FMP). Hard TACs for Eastern Georges Bank (GB) cod, Eastern GB haddock, and GB yellowtail flounder in the U.S./Canada Management Area; target TACs for all NE regulated multispecies; and hard Incidental Catch TACs for groundfish stocks of concern. This action also provides notice that the hard TACs for Eastern GB cod, Eastern GB haddock, and GB yellowtail flounder may be adjusted during FY 2006, if NMFS determines that the harvest of these stocks in FY 2005 exceeded the TACs specified for FY 2005. The intent of this action is to provide for the conservation and management of groundfish management under the FMP.

Notice is hereby given of a public meeting of the U.S. Coral Reef Task Force. The meeting will be held in Washington DC. This meeting, the 15th bi-annual meeting of the U.S. Coral Reef Task Force, provides a forum for coordinated planning and action among Federal agencies, state and territorial governments, and nongovernmental partners. Please register in advance by visiting the Web site below. This meeting has time allotted for public comment and provides exhibit space. All public comment must be submitted in written format. A written summary of the meeting will be posted on the Web site within two months of its occurrence.

Notice is hereby given that the NMFS, National Marine Mammal Laboratory (Principle Investigator: Dr. Robert DeLong), Alaska Fisheries Science Center, Seattle, WA has applied in due form for a permit to conduct research on California sea lions (Zalophus californianus), northern elephant seals (Mirounga angustirostris), harbor seals (Phoca vitulina), and northern fur seals (Callorhinus ursinus) on the southern California Channel Islands, surrounding waters, and at haul-out sites along the coast of California, Oregon, and Washington.

NMFS announces the time and location for the large coastal shark (LCS) Review workshop, the last of three workshops for the LCS stock assessment being conducted in 2005/ 2006.

This notice is to extend the call for nominees for the U.S. Delegation to the June 2006 International Whaling Commission (IWC) annual meeting. A request for nominations was previously published in the Federal Register on February 13, 2006.

NMFS is reallocating the projected unused amounts of Community Development Quota (CDQ) and non-CDQ pollock from the Aleutian Islands subarea to the Bering Sea subarea. These actions are necessary to provide opportunity for harvest of the 2006 total allowable catch (TAC) of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP).

The New England Fishery Management Council (Council) is scheduling a public meetings of its Monkfish Advisory Panel and Monkfish Oversight Committee in March, 2006 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from these groups will be brought to the full Council for formal consideration and action, if appropriate.

NMFS, upon application from BP Exploration (Alaska), (BP), is issuing regulations to govern the unintentional takings of small numbers of marine mammals incidental to operation of an offshore oil and gas platform at the Northstar facility in the Beaufort Sea in state waters. Issuance of regulations, and Letters of Authorization (LOAs) under these regulations, governing the unintentional incidental takes of marine mammals in connection with particular activities is required by the Marine Mammal Protection Act (MMPA) when the Secretary of Commerce (Secretary), after notice and opportunity for comment, finds, as here, that such takes will have a negligible impact on the species and stocks of marine mammals and will not have an unmitigable adverse impact on the availability of them for subsistence uses. These regulations do not authorize BP's oil development activities as such authorization is not within the jurisdiction of the Secretary. Rather, NMFS' regulations together with Letters of Authorization (LOAs) authorize the unintentional incidental take of marine mammals in connection with this activity and prescribe methods of taking and other means of effecting the least practicable adverse impact on marine mammal species and their habitat, and on the availability of the species for subsistence uses.

The Pacific Fishery Management Council (Council) will hold a public workshop on the development of the analysis for the groundfish trawl individual quota program alternatives to be considered by the Council.

The North Pacific Fishery Management Council's (Council) Charter Halibut Stakeholder Committee will meet in Anchorage, AK.