National Oceanic and Atmospheric Administration January 2009 – Federal Register Recent Federal Regulation Documents

NMFS proposes to approve and implement changes to the Pacific Halibut Catch Sharing Plan (Plan) for the International Pacific Halibut Commission's (IPHC or Commission) regulatory Area 2A off Washington, Oregon, and California (Area 2A). NMFS proposes to implement the portions of the Plan and management measures that are not implemented through the IPHC, which includes tribal regulations and the sport fishery allocations and management measures for Area 2A. These actions are intended to enhance the conservation of Pacific halibut, to provide greater angler opportunity where available, and to protect yelloweye rockfish and other overfished groundfish species from being incidentally caught in the halibut fisheries.

NMFS issues this final rule to revise regulations governing vessels authorized by the United States to fish for tuna and tuna-like species in the eastern tropical Pacific Ocean (ETP). This final rule updates and clarifies regulations promulgated by NMFS to implement the Marine Mammal Protection Act, the Tuna Conventions Act, the Dolphin Protection Consumer Information Act, and resolutions adopted by the Inter-American Tropical Tuna Commission (IATTC) and by the Parties to the Agreement on the International Dolphin Conservation Program (AIDCP). This rule modifies the procedures and requirements for the Vessel Register, the list of vessels authorized to fish for tuna and tuna-like species in the ETP. Requirements for the submission of certifications by importers are also revised. This rule is intended to clarify the regulations, facilitate management of U.S. vessels, and update the regulations to be consistent with resolutions adopted by the members of the IATTC and the Parties to the AIDCP.

This action corrects the regulatory text of a final rule published on December 15, 2008 (73 FR 76136). Among its measures, the final rule will implement new recordkeeping and reporting requirements; a new electronic groundfish catch reporting system, the Interagency Electronic Reporting System, and its data entry component, eLandings. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) and other applicable law.

The National Oceanic and Atmospheric Administration publishes this notice to announce a 45-day public comment period for the second draft of the report titled, U.S. Climate Change Science Program Unified Synthesis Product (USP). This draft report is being released solely for the purpose of pre-dissemination review under applicable information quality guidelines. This document has not been formally disseminated by NOAA. It does not represent and should not be construed to represent any Agency policy or determination. After consideration of comments received on the draft report, a revised version along with the comments received will be published on the CCSP web site.

NMFS is providing this notice in order to allow other agencies and the public an opportunity to review and provide comments on a draft guideline document regarding the use of pesticide-treated wood products in aquatic environments. The intent of the guidelines is to aid NMFS personnel conducting Endangered Species Act (ESA) and Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) Essential Fish Habitat (EFH) consultations in making consistent determinations regarding projects proposing to use pesticide-treated wood products in habitats utilized by NOAA trust resources. The guidelines attempt to convey a summary of information that should be considered when examining the effects determinations made by the action agency, and to direct personnel to documents containing more detailed information when needed. NMFS is requesting comment on the draft guideline document before it is finalized. All comments received before the due date will be considered before finalizing the guideline document. All comments received will become part of the public record and will be available for review upon request.

NMFS, upon application from the U.S. Navy (Navy), is issuing regulations to govern the unintentional taking of marine mammals incidental to training activities conducted within the Hawaii Range Complex (HRC) for the period of January 2009 through January 2014. The Navy's training activities are considered military readiness activities pursuant to the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act of 2004 (NDAA). These regulations, which allow for the issuance of ``Letters of Authorization'' (LOAs) for the incidental take of marine mammals during the described activities and specified timeframes, prescribe the permissible methods of taking and other means of affecting the least practicable adverse impact on marine mammal species and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.

The New England Fishery Management Council(s (Council) Groundfish Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

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.

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 Eduardo Mercado III, Ph.D., Department of Psychology, 350 Park Hall, University at Buffalo, SUNY, Buffalo, New York, 14260, has been issued a permit to conduct research on humpback whales (Megaptera novaeangliae).

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.

NMFS, in consultation with the North Pacific Fishery Management Council, announces its intent to prepare either an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) on measures to minimize non-Chinook salmon bycatch in the Bering Sea, in accordance with the National Environmental Policy Act of 1969. The proposed action would replace the current Chum Salmon Savings Area in the Bering Sea, and the specific exemption to the area closure, with new regulatory closures, salmon bycatch limits, or a combination of both. The scope of the EA or EIS will be to determine the impacts to the human environment resulting from the measures to minimize non- Chinook salmon bycatch. NMFS will accept written comments from the public to determine the issues of concern and the appropriate range of alternatives for analysis.

The New England Fishery Management Council's (Council) Herring Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The Mid-Atlantic Fishery Management Council's (MAFMC) Scientific and Statistical Committee (SSC) will hold a public meeting.

The South Atlantic Fishery Management Council (Council) will hold a series of public hearings regarding its Fishery Ecosystem Plan (FEP) and Comprehensive Ecosystem-Based Amendment 1. The Council will also conduct scoping meetings regarding a Comprehensive Annual Catch Limit (ACL) Amendment, Amendment 18 to the Snapper Grouper Fishery Management Plan (FMP) for the South Atlantic, and a Comprehensive Ecosystem-Based Amendment 2. See SUPPLEMENTARY INFORMATION.

NMFS proposes regulations implementing Amendment 90 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 78 to the Fishery Management Plan for Groundfish of the Gulf of Alaska. This proposed regulation would amend the Bering Sea and Aleutian Islands Amendment 80 Program and the Central Gulf of Alaska Rockfish Program to allow post-delivery transfers of cooperative quota to cover overages. This action is necessary to mitigate potential overages, reduce enforcement costs, and provide for more precise total allowable catch management. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plans, and other applicable law.

We, NMFS, announce a 90-day finding for a petition to list Atlantic wolffish (Anarhichas lupus) as endangered or threatened under the Endangered Species Act (ESA). We find that the petition presents substantial scientific information indicating the petitioned action may be warranted. We will conduct a status review of Atlantic wolffish to determine if the petitioned action is warranted. To ensure that the review is comprehensive, we solicit information pertaining to this species from any interested party.

Notice is hereby given that NMFS has issued Permit 1075 Modification 1 to the Eel River Salmon Restoration Project (ERSRP) in Miranda, California.

This notice advises the public that NOAA, FWS, the State of Hawai`i's Department of Land and Natural Resources (DLNR), and the Office of Hawai`ian Affairs have completed a Monument Management Plan (MMP) for the Papahaanaumokuaakea Marine National Monument (Monument) located in the Northwestern Hawai`ian Islands (NWHI). The Monument's resources, and current and future management activities, are described in the MMP and associated environmental assessment (EA). The NOAA and FWS developed separate findings of no significant impact (FONSIs) to address each agency's MMP/EA findings. Both FONSIs are available with the MMP/EA.

NMFS announces that it is considering, and is seeking public comment on a proposed rulemaking that would limit or restrict future access to the American lobster (Homarus americanus) trap fishery in the Federal waters of Lobster Management Area 1 (Area 1), the inshore Gulf of Maine, based upon a permit holder's ability to document a history of fishing with lobster traps in Area 1 prior to the date of this notice . This notice should discourage American lobster non-trap vessels from entering the lobster trap fishery, and discourage American lobster trap vessels fishing in other lobster management areas from entering the Area 1 lobster trap fishery, based upon economic speculation while NMFS, in consultation with the Atlantic States Marine Fisheries Commission (Commission), considers whether and how access and effort should be controlled. This document, therefore, gives the public two- fold notification: first, that interested participants should locate and preserve records that substantiate and verify their past participation in the American lobster trap fishery in Federal waters; and second, that new participants to the Area 1 lobster trap fishery may be restricted from fishing in Area 1 with traps in the future depending upon the limited access criteria developed if, in fact, NMFS proceeds forward in this rulemaking.

NOAA publishes this notice to supplement the agency's solicitation for applications published on July 11, 2008 in an action entitled ``Omnibus Notice Announcing the Availability of Grant Funds for Fiscal Year 2009''. This notice announces 13 additional programs that are soliciting applications for FY 2009 funding.