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

NOAA Fisheries Service and the Mid-Atlantic Fishery Management Council (MAFMC) have rescheduled a public hearing on a draft amendment that would establish standardized bycatch reporting methodology (SBRM) for every fishery management plan (FMP). The New England and Mid- Atlantic Fishery Management Councils (Councils) previously announced public hearings and requested comment on the draft amendment (October 31, 2006). The New England Fishery Management Council's (NEFMC) hearing date is unchanged.

NMFS announces the receipt of an application for an exempted fishing permit (EFP) from the Gulf and South Atlantic Fisheries Foundation, Inc. If granted, the EFP would authorize the applicants, with certain conditions, to collect limited numbers of undersized and out-of-season snapper and grouper in South Atlantic Federal waters. This study is intended to characterize catch and discard mortality within the South Atlantic commercial hook and line snapper-grouper fishery.

The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 1,809 nm\2\ (6,204 km\2\), southeast of Portland, Maine, for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales).

On August 25, 2006, NMFS issued a final rule to require the use of chain mats on sea scallop dredges in the mid-Atlantic sea scallop fishery in order to help protect sea turtles. The regulation became effective on September 25, 2006. Shortly after the rule's effective date, NMFS became aware of a discrepancy between the two options in the regulation for configuring the chain mat. This emergency final rule corrects the existing regulation to ensure that the protection to sea turtles expected from the August 25, 2006 rule is achieved. This emergency final rule requires that any vessel with a sea scallop dredge and required to have a Federal Atlantic sea scallop fishery permit, regardless of dredge size or vessel permit category, present in waters south of 41[deg] 9.0' N. lat., from the shoreline to the outer boundary of the Exclusive Economic Zone must have on each dredge a chain mat composed of horizontal (tickler) and vertical (``up- and-down'') chains for the duration of the trip. The chains must be configured such that the length of each side of the square or rectangle formed by the intersecting chains is less than or equal to 14 inches (35.5 cm). Any incidental take of threatened sea turtles in sea scallop dredge gear in compliance with this gear modification requirement and all other applicable requirements will be exempted from the Endangered Species Act's prohibition against takes.

NMFS proposes to revise the regulations implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP) by expanding the southeast U.S. restricted area and modifying regulations pertaining to gillnetting within the southeast U.S. restricted area. NMFS proposes to prohibit gillnet fishing or gillnet possession during annual restricted periods associated with the right whale calving season. Exemptions to the fishing prohibitions are proposed for strikenet fishing for sharks and gillnet fishing for Spanish mackerel south of 29[deg]00' N. lat. An exemption to the possession prohibition is proposed for transiting through the area if gear is stowed in accordance with this rule. This action is required to meet the goals of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). This action is necessary to protect northern right whales from serious injury or mortality from entanglement in gillnet gear in their calving area in Atlantic ocean waters off the Southeast U.S.

We, NMFS, announce a 90-day finding on a petition to list the Kennebec River population of anadromous Atlantic salmon (Salmo salar) as endangered under the Endangered Species Act (ESA) of 1973, as amended. We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. This normally initiates a formal status review, but as described below under Summary of Previous ESA Actions, in this case, we and the U.S. Fish and Wildlife Service (USFWS) had already initiated a status review of this and other populations, resulting in NMFS' announcement of the completed status review report on September 22, 2006.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) has made a preliminary determination that the subject exempted fishing permit (EFP) application submitted by Truex Enterprises contains all the required information and warrants further consideration. This proposed EFP was first published for public comment on June 16, 2006. Due to changes in the EFP proposal from that previously published, the notice and comment period is re-initiated. The proposed EFP would test the safety and efficacy of harvesting surfclams and ocean quahogs from the Atlantic surfclam and ocean quahog Georges Bank (GB) Closure Area using a harvesting protocol developed by state and Federal regulatory agencies and endorsed by the U.S. Food and Drug Administration (FDA). The Assistant Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic Surfclam and Ocean Quahog regulations and Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow one commercial fishing vessel to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP would allow for an exemption from the Atlantic surfclam and ocean quahog GB Closure Area. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.

The Caribbean Fishery Management Council (Council) and its Administrative Committee will hold meetings.

The Caribbean Fishery Management Council's St. Croix EEZ Working Group will hold a meeting.

The National Marine Fisheries Service (NMFS) is seeking public review and comment on information characterizing Atlantic and Gulf of Mexico state trawl fisheries to support the Strategy for Sea Turtle Conservation in Relation to Atlantic and Gulf of Mexico Fisheries (Strategy). NMFS is requesting public review of these reports to ensure state trawl fishery characterizations contain the most accurate and up- to-date scientific, commercial, and anecdotal information available and to inform potential future management actions to address incidental capture of sea turtles in trawl gears (bycatch).

The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time And Date: The meeting will be held Tuesday December 5, 2006, from 10:30 a.m. to 4:30 p.m. and Wednesday December 6, 2006, from 8:30 a.m. to 4:30 p.m. These times and the agenda topics described below are subject to change. Please refer to the Web page https:// www.sab.noaa.gov/Meetings/meetings.html for the most up-to-date meeting agenda. Place: The meeting will be held both days at the Courtyard by Marriott, 8506 Fenton Street, Silver Spring, Maryland 20910. Status: The meeting will be open to public participation with a 30- minute public comment period on December 5 (check Web site to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Written comments (at least 35 copies) should be received in the SAB Executive Director's Office by November 27, 2006 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after November 27 will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seats will be available on a first-come, first-served basis. Matters To Be Considered: The meeting will include the following topics: (1) The Revision of NOAA Information Quality Guidelines to Conform with the OMB Peer Review Bulletin; (2) NOAA High Performance Computing Needs; (3) NOAA Space-Based Sensors; (4) Sound in the Marine Environment and Associated Science Challenges and Opportunities for NOAA; (5) the NOAA Hurricane Intensity Research Working Group (HIRWG) and National Science Foundation (NSF) National Science Board Hurricane Reports; (6) Research Goals to Improve Operational Support of Wildland Fire Management; (7) the NOAA Five-Year Research Plan and (8) Reviews of the NOAA Cooperative Institutes and the SAB's Role in them.

Notice is hereby given that NMFS has received ten scientific research permit application requests relating to Pacific salmon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts.

NOAA has established the Sustainable Fisheries Leadership Awards Program to recognize outstanding performances, achievements and leadership by industries, organizations and individuals who promote best stewardship practices for the sustainable use of living marine resources and ecosystems, and who have fostered change and inspired a stewardship ethic within their community. This notice solicits nominations of qualified candidates for the second annual Sustainable Fisheries Leadership Awards in six award categories listed in this Notice. NMFS has partnered with the Fish for the Future Foundation to collect the nominations.

NMFS has reviewed all new and existing Essential Fish Habitat (EFH) information in its Consolidated Atlantic Highly Migratory Species Fishery Management Plan (HMS FMP) and has determined that EFH for some Atlantic HMS may need to be updated. Through the publication of this notice, NMFS announces its intent to prepare an environmental impact statement (EIS) pursuant to the National Environmental Policy Act (NEPA) to: examine management alternatives to revise existing HMS EFH; consider additional Habitat Areas of Particular Concern (HAPCs); and to minimize, to the extent practicable, adverse fishing impacts on EFH consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and other relevant Federal laws. To complete the EIS and assess the potential effects on the human environment NMFS is requesting: new EFH information not considered previously in the Consolidated HMS FMP, comments on potential HAPCs, and information regarding potential fishing/non-fishing impacts that may adversely affect EFH. This information will be used to propose amendments to the Consolidated HMS FMP.

The National Oceanic and Atmospheric Administration publishes this notice to announce the availability of the draft Prospectus for one of the U.S. Climate Change Science Program (CCSP) Synthesis and Assessment Products for public comment. This draft Prospectus addresses the following CCSP Topic: Product 3.4 Abrupt Climate Change. 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.

This document contains a correction to the temporary rule that closes the commercial fisheries for golden tilefish and snowy grouper in the exclusive economic zone (EEZ) of the South Atlantic that was published in the Federal Register October 12, 2006.

The National Oceanic and Atmospheric Administration and the National Marine Fisheries Service announce the availability of the Interim Final Ten Year Plan forthe NOAA Aquaculture Program (Plan). The Plan addresses NOAA's involvement in marine aquaculture in the United States over the next ten years. It includes Program Goals and Strategies, Outcomes, Benefits, Budget and Staffing Requirements, and Challenges. The Plan was prepared by NOAA at the request of the Marine Fisheries Advisory Committee (MAFAC) which advises the Secretary of Commerce on all living marine resource matters that are the responsibility of the Department of Commerce. At its July 25-27, 2006 meeting, the MAFAC reviewed the Plan and recommended that it be formally adopted by NOAA. Before taking this step, NOAA is providing the public an opportunity to comment on the Plan .

Notice is hereby given that the Point Reyes Bird Observatory (PRBO) Conservation Science (Dr. William J. Sydeman, Responsible Party), 3820 Cypress Drive, 11 Petaluma, CA 94954 has applied in due form for a permit for scientific research on pinnipeds in California.

NMFS announces that the summer flounder commercial quota available to New York has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in New York for the remainder of calendar year 2006, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise New York that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in New York.

NMFS issues this final rule to implement Amendment 9 to the Fishery Management Plan for Bottomfish and Seamount Groundfish Fisheries of the Western Pacific Region (FMP) that prohibits large vessels, i.e., those 50 ft (15.2 m) or longer, from fishing for bottomfish in Federal waters within 50 nm (92.6 km) around Guam, and establishes Federal permitting and reporting requirements for these large bottomfish fishing vessels. This final rule is intended to maintain viable participation and bottomfish catch rates by small vessels in the fishery, to maintain traditional patterns of the bottomfish supply to local Guam markets, to provide for the collection of adequate fishery information for effective management, and to reduce the risk of local depletion of deepwater bottomfish stocks near Guam.

Notice is hereby given that the Northeast Fisheries Science Center, NMFS,166 Water Street, Woods Hole, Massachusetts 02543-1026 [Principal Investigator (PI): Dr. Richard Merrick] has requested a major amendment to Permit No. 775-1600 to take northern right whales (Eubalaena glacialis) for purposes of scientific research.

Upon a request received by the New England Fishery Management Council (Council), NMFS proposes measures to modify the existing reporting and recordkeeping requirements for federally permitted seafood dealers/processors, and the observer requirements for participating hagfish vessels. The Council has determined that the modifications are necessary to gather additional information on the unique aspects of the hagfish fishery and its interaction with other federally managed fisheries. The information collected from fishery participants (dealers/processors and vessels) would help the Council to determine the need for, and potentially develop , a hagfish Fishery Management Plan (FMP).

The Department of Commerce published a notice in the Federal Register on September 26, 2006 (71 FR 45107) seeking nominations for membership on the Marine Protected Areas Federal Advisory Committee (Committee). The deadline for nominations by qualified persons to the Committee is hereby extended.

This action extends the comment period for 12 days on an October 5, 2006, proposed rule regarding the first 2007 fishing season for Atlantic sharks. Due to late dealer reports that may substantially change landings estimates of large and small coastal sharks during the first trimester of 2006 for the Gulf of Mexico, NMFS is extending the comment deadline on that proposed rule from November 1, 2006, until November 13, 2006.