National Oceanic and Atmospheric Administration December 7, 2006 – Federal Register Recent Federal Regulation Documents

NMFS proposes a regulation to implement new reporting and conservation measures under the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). These reporting requirements and prohibitive measures would require coastal pelagic species (CPS) fishermen/vessel operators to employ avoidance measures when southern sea otters are present in the area they are fishing and to report any interactions that may occur between their vessel and/or fishing gear and sea otters. The purpose of this proposed rule is to comply with the terms and conditions of an incidental take statement from a biological opinion issued by the U.S. Fish and Wildlife Service regarding the implementation of Amendment 11 to the CPS FMP.

NMFS announces the date, time, and location for the small coastal shark (SCS) stock assessment Data Workshop, the first of three stock evaluation workshops for the SCS stock assessment to be conducted in 2007. Any potential changes to existing management measures for SCS will be based, in large part, on the results of this 2007 stock assessment. The workshop is open to the public.

NMFS announces that the Commonwealth of Virginia is transferring 300,000 lb (136,078 kg) of commercial bluefish quota to the State of North Carolina from its 2006 quota and that the State of Maine is transferring 52,000 lb (23,587 kg) of commercial bluefish quota to the State of North Carolina. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

The North Pacific Fishery Management Council (Council) has submitted Amendment 85 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) to NMFS for review. If approved, Amendment 85 would revise the current Bering Sea and Aleutian Islands management area (BSAI) Pacific cod allocations of total allowable catch (TAC) among various harvest sectors, modify the management of Pacific cod incidental catch in other non-target fisheries, eliminate the groundfish reserve for Pacific cod, increase the percentage of the BSAI Pacific cod TAC apportioned to the Community Development Quota (CDQ) Program, and add a new appendix to the FMP that summarizes the Consolidated Appropriations Act of 2005. Amendment 85 is necessary to reduce uncertainty about the availability of yearly harvests within sectors caused by reallocations, and to maintain stability between sectors in the BSAI Pacific cod fishery. This would be accomplished by establishing allocations that more closely reflect actual use by sector than do current allocations while considering socioeconomic and community factors, thus reducing the need for reallocations during the fishing year. This proposed amendment also is necessary to implement recent changes to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) that require a directed fishing allocation of 10 percent to the CDQ Program upon the establishment of a sector allocation. This action is intended to promote the goals and objectives of the Magnuson-Stevens Act, the FMP, and other applicable laws. The amendment is available for public review and comment.