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

The SEDAR assessments of the South Atlantic stocks of Spanish mackerel and vermilion snapper will consist of a series of three workshops: a Data Workshop, an Assessment Workshop, and a Review Workshop. This is the seventeenth SEDAR. See SUPPLEMENTARY INFORMATION.

This final rule implements management measures for the vessel- based bottomfish fishery in the Main Hawaiian Islands, including requirements for non-commercial (recreational and subsistence) permits and data reporting, a closed season, annual total allowable catch limits, and non-commercial bag limits. This action is intended to end the overfishing of bottomfish in the Hawaiian Archipelago.

This final rule implements the Georges Bank (GB) Cod Hook Sector (Hook Sector) Fishing Year (FY) 2008 Operations Plan and Agreement, approved by the Administrator, Northeast Region, NMFS (Regional Administrator), and modifies the eligibility criteria for membership for the Hook Sector and the GB Cod Fixed Gear Sector (Fixed Gear Sector). Amendment 13 to the Northeast (NE) Multispecies Fishery Management Plan (FMP) (Amendment 13) authorized allocation of up to 20 percent of the annual GB cod total allowable catch (TAC) to the Hook Sector. Pursuant to that authorization, the Sector submitted an Operations Plan and Sector Contract entitled, ``Georges Bank Cod Hook Sector Fishing Year 2008-2009 Operations Plan and Agreement'' (together referred to as the Sector Agreement) and an Environmental Assessment (EA), and requested an allocation of GB cod, consistent with the FMP. This action results in authorization of the Sector Operations Plan during the 2008 fishing year and allocation of 658 mt of GB cod to the Sector. This rule also modifies the eligibility criteria for membership in both the Hook Sector and the Fixed Gear Sector by allowing vessels without GB cod landings history to join a sector.

The North Pacific Fishery Management Council's (Council) Crab Committee will meet.

NMFS announces the cancellation of the Federal moratorium on fishing for tautog in the State waters of New Jersey. NMFS canceled the moratorium, as required by the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act), based on the determination that New Jersey is now in compliance with the Atlantic States Marine Fisheries Commission's (Commission) Tautog Interstate Fishery Management Plan (Plan).

Notice is hereby given that Karen Holloway-Adkins, East Coast Biologists, Inc., P.O. Box 33715, Indialantic, FL 32903 (File No. 13306) and Kristen Hart, 600 4\th\ Street South, St. Petersburg, FL, 33701 (File No. 13307) have applied in due form for permits to take green (Chelonia mydas), loggerhead (Caretta caretta), and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

Notice is hereby given that NOAA Fisheries Office of Science and Technology (Principal Investigator: Dr. Brandon Southall), Silver Spring, MD, has requested an amendment to Scientific Research Permit No. 1121-1900.

The Hydrographic Services Review Panel (HSRP) was established by the Secretary of Commerce to advise the Under Secretary of Commerce for Oceans and Atmosphere on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998, its amendments, and such other appropriate matters that the Under Secretary refers to the Panel for review and advice. The purpose of the conference call is to allow Panel members to deliberate and vote on recommendations related to topics presented during a public meeting in Miami, Florida, on March 7, 2008, and to allow members to deliberate and vote on drafted recommendations on the ``Integrated Ocean Observing System Operational Wave Observation Plan.'' Written public comments should be submitted to Captain Steven Barnum, Designated Federal Officer (DFO), by April 15, 2008. Date and Time: The conference call will convene at 2 p.m. Eastern Time, April 18, 2008, and end at or about 3:30 p.m.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Wells (Maine) National Estuarine Research Reserve, the Narragansett Bay (Rhode Island) National Estuarine Research Reserve, and the Wisconsin Coastal Management Program. The Coastal Zone Management Program evaluation will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended (CZMA) and regulations at 15 CFR Part 923, Subpart L. The National Estuarine Research Reserve evaluations will be conducted pursuant to sections 312 and 315 of the CZMA and regulations at 15 CFR Part 921, Subpart E and Part 923, Subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of Coastal Management Programs and National Estuarine Research Reserves requires findings concerning the extent to which a state has met the national objectives, adhered to its Coastal Management Program document or Reserve final management plan approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. Each evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, state, and local agencies and members of the public. A public meeting will be held as part of the site visit. Notice is hereby given of the dates of the site visits for the listed evaluations, and the dates, local times, and locations of the public meetings during the site visits. Dates and Times: The Wells (Maine) National Estuarine Research Reserve evaluation site visit will be held May 13-15, 2008. One public meeting will be held during the week. The public meeting will be held on Wednesday, May 14, 2008, at 5 p.m. at the Mather Auditorium, Wells National Estuarine Research Reserve at Laudholm Farm, 342 Laudholm Farm Road, Wells, Maine. The Narragansett Bay (Rhode Island) National Estuarine Research Reserve evaluation site visit will be held May 20-23, 2008. One public meeting will be held during the week. The public meeting will be held on Wednesday, May 21, 2008, at 12 noon at the Hope Brown Center, Farnham Farm, Prudence Island, Rhode Island. ONLY in the event the ferry to Prudence Island cannot operate, the public meeting will be held on Wednesday, May 21, 2008, at 12 noon at the Foundry, Room 280, 235 Promenade Street, Providence, Rhode Island. The Wisconsin Coastal Management Program evaluation site visit will be held June 16-20, 2008. One public meeting will be held during the week. The public meeting will be held on Wednesday, June 18, 2008, at 6 p.m. at The Crossroads at Big Creek, 2041 Michigan Street, Sturgeon Bay, Wisconsin.

NMFS announces the Gulf of Mexico Fishery Management Council (Council) has submitted Amendment 30A to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico for review, approval, and implementation by NMFS. Amendment 30A proposes actions to end overfishing of greater amberjack and gray triggerfish and to rebuild these stocks to sustainable levels.

NMFS announces that persons who enter the purse seine fishery in the western and central Pacific Ocean (WCPO), as managed under the South Pacific Tuna Act of 1988 (SPTA), the Western and Central Pacific Convention Implementation Act (WCPFCIA) and other law, after March 28, 2008 (``control date''), are not guaranteed future participation in the fishery if NMFS decides to revise the criteria and procedures used to process license applications and/or to limit further the number of licenses available in the fishery. NMFS is considering the need to undertake such actions in order to provide greater clarity about the process used and thus help license holders and prospective license applicants in making business decisions, as well as to fulfill the obligations of the United States under international agreements to which it is party. This action does not commit NMFS to revising the criteria and procedures it uses or to establishing a new limit, and it does not prevent any other date or criteria from being selected for eligibility to participate in the fishery.

The following Total Allowable Catches (TACs) in the U.S./ Canada Management Area are implemented for the 2008 fishing year (FY): 667 mt of Eastern Georges Bank (GB) cod, 8,050 mt of Eastern GB haddock, and 1,950 mt of GB yellowtail flounder. These TACs may be adjusted during FY 2008, if NMFS determines that the harvest of these stocks in FY 2007 exceeded the TACs specified for FY 2007. Further, NMFS is postponing the FY 2008 opening of the Eastern U.S./Canada Area until August 1, 2008, for trawl vessels. Longline gear vessels are allowed to fish in the Eastern U.S./Canada Area during the May through July 2008 period with a cap on the amount of cod caught during this period set at 5 percent of the cod TAC (i.e., 33.4 mt). The intent of this action is to provide for the conservation and management of the three shared stocks of fish, as required by the regulations implementing the Northeast Multispecies Fishery Management Plan.

The New England Fishery Management Council (Council) will hold a 3-day Council meeting on April 15-17, 2008, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The New England Fishery Management Council (Council) is scheduling a public meeting of its Monkfish Oversight Committee in April, 2008, 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.

We (NMFS) announce a 90-day finding on a petition to list the ribbon seal (Histriophoca fasciata) as a threatened or endangered species under the Endangered Species Act (ESA). We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, we initiate a status review of the ribbon seal to determine if listing under the ESA is warranted. Concurrently, we also initiate a status review of the other ice seal species: bearded (Erignathus barbatus), ringed (Phoca fasciata), and spotted (Phoca largha). To ensure these status reviews are comprehensive, we solicit scientific and commercial information regarding all of these ice seal species.

The National Oceanic and Atmospheric Administration (NOAA) previously published a proposed rule (71 FR 29096, May 19, 2006) to adopt a revised set of regulations for the Channel Islands National Marine Sanctuary (CINMS or Sanctuary). This currently pending proposed rule includes both new regulations and changes to existing regulations, including the discharge prohibition. After reviewing public comments, considering the California Coastal Commission's federal consistency review (per the Coastal Zone Management Act, 16 U.S.C. 1451 et seq.), and further analyzing vessel discharge issues, NOAA has decided to revise the Sanctuary's proposed discharge regulation to: (1) Limit the exception for treated sewage discharges to vessels less than 300 gross registered tons (GRT); (2) limit the exception for graywater discharges to vessels less than 300 GRT, and oceangoing ships without sufficient holding tank capacity to hold graywater while within the Sanctuary; and (3) provide definitions for ``oceangoing ship,'' ``graywater,'' and ``cruise ship''.

NMFS is prohibiting directed fishing for Pacific cod for 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 B season allowance of the 2008 Pacific cod allowable catch (TAC) specified for vessels participating in the Amendment 80 limited access fishery in the BSAI.

NOAA publishes this notice to amend the application requirements for the 2008 Dr. Nancy Foster Scholarship program, which was announced in the Federal Register on July 2, 2007. The notice informs applicants that NOAA removes the requirement that a copy of the Free Application for Federal Student Aid (FAFSA) form be submitted as part of the applications for the 2008 Dr. Nancy Foster Scholarship program.

NMFS is prohibiting directed fishing for Pacific cod by American Fisheries Act (AFA) trawl catcher processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season allowance of the 2008 Pacific cod total allowable catch (TAC) specified for AFA trawl catcher processors in the BSAI.

NMFS is opening directed fishing for shallow-water species by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary to allow the shallow-water species fishery in the GOA to resume.

NMFS announces that the Mid-Atlantic Fishery Management Council (Council) has submitted Amendment 9 to the Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan (FMP) (Amendment 9), incorporating the public hearing document and the Initial Regulatory Flexibility Analysis (IRFA), for review by the Secretary of Commerce and is requesting comments from the public. The goal of Amendment 9 is to remedy deficiencies in the FMP and to address other issues that have arisen since Amendment 8 to the FMP became effective in 1999. Amendment 9 would establish multi-year specifications for all four species managed under the FMP (mackerel, butterfish, Illex squid (Illex), and Loligo squid (Loligo)) for up to 3 years; extend the moratorium on entry into the Illex fishery, without a sunset provision; adopt biological reference points recommended by the Stock Assessment Review Committee (SARC) for Loligo; designate essential fish habitat (EFH) for Loligo eggs based on best available scientific information; and prohibit bottom trawling by MSB-permitted vessels in Lydonia and Oceanographer Canyons.

In accordance with provisions of the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that a letter of authorization (LOA) to take four species of marine mammals, by harassment, incidental to testing and training during Precision Strike Weapons (PSW) tests in the Gulf of Mexico (GOM), a military readiness activity, has been issued to Eglin Air Force Base (AFB).

NMFS reduces the trip limit in the commercial hook-and-line fishery for king mackerel in the southern Florida west coast subzone to 500 lb (227 kg) of king mackerel per day in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the Gulf king mackerel resource.

NMFS announces partial approval of an application from the States of Oregon, Washington, and Idaho to intentionally take, by lethal methods, individually identifiable California sea lions (Zalophus californianus) that prey on Pacific salmon and steelhead (Onchorhynchus spp.) listed as threatened or endangered under the Endangered Species Act (ESA) in the Columbia River in Washington and Oregon. This authorization is pursuant to the Marine Mammal Protection Act (MMPA). NMFS also announces availability of an Environmental Assessment (EA) under the National Environmental Policy Act (NEPA) that analyzes impacts on the human environment from NMFS' authorization to the States to lethally remove California sea lions.

The Gulf of Mexico Fishery Management Council has canceled its Shrimp Advisory Panel (AP) meeting via conference call.