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

NMFS is prohibiting directed fishing for Atka mackerel for vessels participating in the Amendment 80 limited access fishery in the Eastern Aleutian District and Bering Sea Subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2008 Atka mackerel allowable catch (TAC) specified for vessels participating in the Amendment 80 limited access fishery in the Eastern Aleutian District and Bering Sea Subarea of the BSAI.

NMFS is opening directed fishing for Atka mackerel in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to fully use the 2008 total allowable catch (TAC) of Atka mackerel in these areas specified for vessels participating in the BSAI trawl limited access fishery.

We, NMFS, issue a final determination to list a Distinct Population Segment (DPS) of the beluga whale, Delphinapterus leucas, found in Cook Inlet, Alaska, as endangered under the Endangered Species Act of 1973, as amended (ESA). Following completion of a Status Review of this DPS (the Cook Inlet beluga whale) under the ESA, we published a proposed rule to list this DPS as an endangered species on April 20, 2007. We subsequently extended the date for final determination on the proposed action by 6 months, until October 20, 2008, as provided for by the ESA. After consideration of public comments received on the proposed rule and other available information, we have determined that the Cook Inlet beluga whale is in danger of extinction throughout its range, and should be listed as an endangered species. We will propose to designate critical habitat for the Cook Inlet beluga whale in a future rulemaking.

NMFS announces that the spiny dogfish commercial quota available to the coastal states from Maine through Florida for the semi-annual quota period, November 1, 2008April 30, 2009, has been harvested and will not open for the Period 2 fishery. Therefore, effective 0001 hours, November 1, 2008, federally permitted spiny dogfish vessels may not fish for, possess, transfer, or land spiny dogfish until May 1, 2009, when the Period 1 quota becomes available. Regulations governing the spiny dogfish fishery require publication of this notification to advise the coastal states from Maine through Florida that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing spiny dogfish in these states. This action is necessary because the fishery has exceeded its annual quota.

This document corrects a final rule published in the Federal Register on September 24, 2008, amending the subsistence fishery rules for Pacific halibut. This correcting amendment corrects the headings in two tables.

The Eight Regional Fishery Management Councils will convene a meeting of representatives of their respective Scientific and Statistical Committees (SSCs) in Honolulu, HI.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Skate Committee, in November, 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.

The Pacific Fishery Management Council's (Council) ad hoc groundfish Essential Fish Habitat Review Committee (EFHRC) will hold a work session, which is open to the public, to develop terms of reference (TOR) for proposals to change areas closed to bottom contact fishing gear and for modifications to groundfish Essential Fish Habitat (EFH) and Habitat Areas of Particular Concern (HAPC).

The National Marine Fisheries Service (NMFS) announces the availability of a final recovery plan for the white abalone (Haliotis sorenseni). This endangered gastropod is a long-lived, slow moving bottom dweller and is a member of the California Haliotids. Currently, isolated survivors have been identified along the mainland coast in Santa Barbara County and at some of the offshore islands and banks along the central California coast. NMFS' ultimate goal is to increase white abalone abundance to viable and self-sustaining levels such that the species can be downlisted to threatened status and eventually removed from the Endangered Species List.

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.

Notice is hereby given that East Bay Municipal Utility District (EBMUD), 1 Winemasters Way, Lodi, CA 95240, has been issued a permit to take Central Valley, California steelhead (Oncorhynchus mykiss) for purposes of scientific research.

This notice announces that NMFS has determined that the regulatory requirements of Executive Order (E.O.) 13449, ``Protection of Striped Bass and Red Drum Fish Populations'' are fulfilled. The E.O. authorized the Secretary of Commerce to revise regulations as appropriate, to include the prohibition of sale of striped bass and red drum caught within the U.S. exclusive economic zone (EEZ) of the Atlantic Ocean and the Gulf of Mexico. Upon review of existing regulations, NMFS has determined that current prohibitions on the possession and sale of striped bass and red drum caught in the EEZ achieve the intent of the E.O., thus no further action is warranted at this time.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Committee in November, 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.

The National Oceanic and Atmospheric Administration (NOAA) publishes this notice to announce the availability of the Draft NOAA Deep-Sea Coral and Sponge Research and Management Strategic Plan for public comment. The Draft NOAA Deep-Sea Coral and Sponge Research and Management Strategic Plan identifies objectives, priorities and approaches that will guide NOAA's research, management, and international activities from Fiscal Year 2009 through 2013 as they relate to deep coral and sponge ecosystems.

Notice is hereby given that the Center for Coastal Studies (CCS) has requested an amendment to scientific research Permit No. 633- 1763.

Notice is hereby given of a meeting of the Marine Fisheries Advisory Committee (MAFAC). This will be the second meeting to be held in the calendar year 2008. Agenda topics are provided under the SUPPLEMENTARY INFORMATION section of this notice. All full Committee sessions will be open to the public.

NMFS is opening directed fishing for pollock in Statistical Area 610 of the Gulf of Alaska (GOA) for 48 hours. This action is necessary to fully use the 2008 total allowable catch (TAC) of pollock specified for Statistical Area 610 of the GOA.

NMFS issues this final rule to implement Essential Fish Habitat (EFH) identifications and descriptions for Pacific salmon included in Amendment 14 to the Pacific Salmon Fishery Management Plan (Salmon FMP). This final rule codifies the EFH identifications and descriptions for freshwater and marine habitats of Pacific salmon managed under the Salmon FMP, including Chinook, coho, and pink salmon. This action is necessary to comply with an order issued by the U.S. District Court for the District of Idaho which directed NMFS to codify the EFH identifications and descriptions contained in Amendment 14 to the Salmon FMP.

NMFS informs surfclam and ocean quahog allocation owners that they will be required to purchase their year 2009 cage tags from the National Band and Tag Company. The intent of this notice is to comply with regulations for the Atlantic surfclam and ocean quahog fisheries and to promote efficient distribution of cage tags.

NMFS announces the availability of Amendment 4 to the Spiny Lobster Fishery Management Plan (FMP) of Puerto Rico and the U.S. Virgin Islands and Amendment 8 to the Joint Spiny Lobster FMP of the Gulf of Mexico and South Atlantic prepared by the Caribbean, South Atlantic, and Gulf of Mexico Fishery Management Councils (Councils). Amendments 4 and 8 would establish minimum conservation standards for imported spiny lobster. The intended effect of Amendments 4 and 8 is to eliminate the primary market for lobster that do not meet the minimum size limit or mean size at sexual maturity, which is expected to result in a reduction in the foreign harvest of these undersized animals and increase the spawning stock biomass and long-term potential yield within the pan-Caribbean spiny lobster fishery.

NMFS announces that the State of Florida is transferring commercial bluefish quota to the State of New York from its 2008 quota. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

NMFS issues this temporary rule for a period of 30 days, to allow shrimp fishermen to use limited tow times as an alternative to Turtle Excluder Devices (TEDs) in state and Federal waters offshore of Texas (from the Texas/Louisiana boundary southward to the boundary shared by Matagorda and Brazoria Counties; approximately 95[deg] 32'W. long.) extending offshore 20 nautical miles. This action is necessary because environmental conditions resulting from Hurricane Ike are preventing some fishermen from using TEDs effectively.

The Pacific Fishery Management Council's (Council) Salmon Advisory Subpanel (SAS) will hold a work session by telephone conference, which is open to the public, to develop recommendations for the November 2008 Council meeting.

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

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to training activities conducted off the U.S. Atlantic Coast and in the Gulf of Mexico for the period of January 2009 through January 2014. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take and requesting information, suggestions, and comments on these proposed regulations.