National Oceanic and Atmospheric Administration 2008 – Federal Register Recent Federal Regulation Documents

This action corrects the regulatory text of a final rule published on August 8, 2003 (68 FR 47256), that implemented guideline harvest levels (GHLs) for the guided sport charter vessel fishery in the International Pacific Halibut Commission Regulatory Areas 2C and 3A. The table of GHLs as they relate to the total constant exploitation yield contains errors in the conversions from pounds to metric tons, and rounding errors for some metric equivalents. This action is necessary to correct the errors in that table.

NMFS implements regulations to limit the harvest of Pacific halibut by guided sport charter vessel anglers in International Pacific Halibut Commission Area 2C of Southeast Alaska to the guideline harvest level (GHL) of 931,000 lb (422.3 mt). The intended effect of this action is to reduce the poundage of halibut harvested by the guided sport charter vessel sector in Area 2C to the GHL while minimizing adverse impacts on the charter fishery, its sport fishing clients, the coastal communities that serve as home ports for this fishery, and fisheries for other species. This final rule implements three restrictions for the guided sport charter vessel fishery for halibut in Area 2C: a one-fish daily bag limit, no harvest by the charter vessel guide and crew, and a line limit equal to the number of charter vessel anglers onboard, not to exceed six lines.

NMFS issues this final rule, a correcting amendment to the regulations governing the Bering Sea and Aleutian Islands crab fisheries. This action is necessary to correct a rule that was published on March 2, 2005 (70 FR 10173). This final rule is intended to promote the goals and objectives of the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable law.

NOAA and the Coast Guard propose to define marine debris for purposes of the Marine Debris Research, Prevention, and Reduction Act. NOAA and the Coast Guard propose a joint definition of marine debris. Interested parties may submit comments on this proposed rule.

The purpose of this document is to advise eligible coastal states and territories (requirements described below) that OCRM is soliciting coastal and estuarine land conservation project proposals for competitive funding under the CELCP. States and territories must have submitted to NOAA a draft CELCP plan on or before May 1, 2008 in order to be eligible to participate in the FY2009 funding opportunity (see Final Guidelines for Coastal and Estuarine Land Conservation Program for more information on CELCP plan requirements, available at https://coastalmanagement.noaa.gov/land/ media/CELCPfinal02Guidelines.pdf. Funding is contingent upon the availability of FY 2009 Federal appropriations. It is anticipated that projects funded under this announcement will have a grant start date between March 1, 2009 and October 1, 2009. The program authority is 16 U.S.C. 1456d. Applicants must comply with all requirements contained in the full funding opportunity announcement (see ADDRESSES).

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

NMFS has received an application from University of Texas, Institute of Geophysics (UTIG) for an Incidental Harassment Authorization (IHA) to take marine mammals incidental to conducting a low-energy marine seismic survey in the Northeast Pacific Ocean during June-July, 2008. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to UTIG to incidentally take, by Level B harassment only, several species of marine mammals during the aforementioned activity.

NMFS reduces the commercial trip limit for golden tilefish in the South Atlantic to 300 lb (136 kg) per trip in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the South Atlantic golden tilefish resource.

NMFS announces that the Western Pacific Fishery Management Council proposes to amend the Fishery Management Plan for the Precious Corals Fisheries of the Western Pacific Region (Amendment 7). If approved by the Secretary of Commerce, Amendment 7 would designate the Au'au Channel, Hawaii, black coral bed as an ``Established Bed'' with a harvest quota of 5,000 kg every two years that applies to Federal and State of Hawaii waters, and establish a 5-year moratorium on the harvest of gold coral throughout the U.S. western Pacific. The proposed amendment is intended to prevent overfishing and achieve optimum yield of precious coral resources.

NMFS is closing directed fishing for yellowfin sole by vessels participating in the Amendment 80 limited access fishery in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the first seasonal allowance of the 2008 halibut bycatch allowance specified for the trawl yellowfin sole fishery category by vessels participating in the Amendment 80 limited access fishery in the BSAI.

We, the National Marine Fisheries Service (NMFS), announce a 5-year review of the U.S. DPS of Smalltooth Sawfish (Pristis pectinata) under the Endangered Species Act of 1973 (ESA). A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate. A 5-year review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information on the smalltooth sawfish that has become available since its original listing as an endangered species on April 1, 2003. Based on the results of this 5- year review, we will make the requisite findings under the ESA.

In accordance with regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to operation of an offshore liquefied natural gas (LNG) facility in the Massachusetts Bay, has been issued to Northeast Gateway Energy Bridge\TM\ L.L.C. (Northeast Gateway) for a period of 1 year.

NOAA Research (OAR) publishes this notice on behalf of the NOAA Science Advisory Board (SAB) to announce the availability for public comment of the draft report of the SAB Working Group to Examine Advisory Options for Improving Communications among NOAA's Partners (here called the Partnerships Working Group).

Notice is hereby given that Sea World, Inc., 7007 Sea World Drive, Orlando, FL 32821, has applied in due form for a permit to import one beluga whale (Delphinapterus leucas) for the purposes of public display.

Notice is hereby given that a request for five transshipment permits regarding a foreign fishing application submitted under provisions of the Magnuson-Stevens Fishery Conservation and Management Act has been denied.

NMFS issues a final rule to modify the Individual Fishing Quota (IFQ) Program and the Community Development Quota (CDQ) Program for the fixed-gear commercial Pacific halibut and sablefish fisheries. This action amends current regulations to allow the use of longline pot fishing gear in the Bering Sea sablefish IFQ and sablefish CDQ fisheries in the month of June. This action also adds regulatory provisions to allow members of the National Guard and military reserves who are mobilized to active duty to temporarily transfer their annual halibut and sablefish IFQ to other eligible IFQ recipients. This final rule is necessary to increase the efficiency of fishermen operating longline pot vessels in the Bering Sea sablefish fishery and to allow guardsmen and reservists to accrue some economic benefit from their annual IFQ if unable to harvest it due to military service. This action is intended to promote the conservation and management provisions in the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) and the Northern Pacific Halibut Act of 1982 (Halibut Act).

Notice is hereby given that Thomas A. Jefferson, NMFS Southwest Fisheries Science Center, 8604 La Jolla Shores Drive, La Jolla, CA 92037, has applied in due form for a permit to conduct research on bottlenose dolphins (Tursiops truncatus).

The Gulf of Mexico Fishery Management Council will convene public meetings.

The New England Fishery Management Council (Council) will hold a three-day Council meeting on June 3-5, 2008 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The SEDAR 16 Assessment Panel will be holding a conference call to review preliminary assessment model results, select a preferred assessment model, and discuss future analysis needs. See SUPPLEMENTARY INFORMATION.

The SEDAR Steering Committee will meet via conference call to discuss assessment updates to be completed during 2009. See SUPPLEMENTARY INFORMATION.

The South Atlantic Fishery Management Council (Council) will hold a meeting of its Scientific and Statistical Committee (SSC), Standard Operating, Policy and Procedure (SOPPs) Committee, Advisory Panel Selection Committee (Closed Session), Ecosystem-based Management Committee, Shrimp Committee, Spiny Lobster Committee, Limited Access Privilege (LAP) Program Committee, Allocation Committee, SSC Selection Committee (Closed Session), Southeast Data, Assessment, and Review (SEDAR) Committee, Snapper Grouper Committee, Snapper Grouper Advisory Panel, and a meeting of the full Council. The Council will also hold a public comment session regarding Amendment 15B to the Snapper Grouper Fishery Management Plan (FMP) addressing the sale of bag limit snapper grouper species, methods to reduce the effects of incidental hooking on sea turtles and smalltooth sawfish, commercial permit renewal periods and transferability requirements, implementation of a plan to monitor and access bycatch, establishment of reference points, such as Maximum Sustainable Yield (MSY) and Optimum Yield (OY) for golden tilefish, and establishment of allocations for snowy grouper and red porgy. In addition, the Council will hold a public comment session regarding Amendment 16 to the Snapper Grouper FMP addressing measures to end overfishing for gag grouper and vermilion snapper and interim allocations of these two species for commercial and recreational fisheries. The Council will also hold a public comment for emergency or interim measures to address overfishing of red snapper if the Council proposes such. A presentation on the Lenfest Ocean Report regarding Annual Catch Limits will be given as part of the Council meeting. See SUPPLEMENTARY INFORMATION for additional details.

This notice advises the public that the Western Pacific Fishery Management Council (Council) will postpone a meeting of the Hawaii Archipelago Regional Ecosystem Advisory Committee in Honolulu, HI scheduled for Friday, May 16, 2008.

NMFS is correcting a final rule that appeared in the Federal Register on September 4, 2007. The final rule implemented Amendment 85 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) as partially approved by NMFS. In addition, NMFS is correcting another final rule that appeared in the Federal Register on September 14, 2007. This final rule implemented Amendment 80 to the FMP.

NMFS is prohibiting directed fishing for Pacific ocean perch for vessels participating in the Bering Sea and Aleutian Islands (BSAI) trawl limited access fishery in the Central Aleutian District of the BSAI. This action is necessary to prevent exceeding the 2008 Pacific ocean perch total allowable catch (TAC) specified for vessels participating in the BSAI trawl limited access fishery in the Central Aleutian District of the BSAI.