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

Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops
Document Number: E9-4283
Type: Notice
Date: 2009-02-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces free Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops to be held in April, May, and June of 2009. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and have also been issued shark or swordfish limited access permits. Additional free workshops will be held in 2009 and announced in the Federal Register.
Fisheries of the Exclusive Economic Zone Off Alaska; Recordkeeping and Reporting
Document Number: E9-4281
Type: Rule
Date: 2009-02-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule to update regulations in 50 CFR part 679. The action would remove regulations that have lapsed and is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure
Document Number: E9-4273
Type: Rule
Date: 2009-02-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS closes the commercial hook-and-line fishery for king mackerel in the southern Florida west coast subzone. This closure is necessary to protect the Gulf king mackerel resource.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Catching Pacific Cod for Processing by the Offshore Component in the Central Regulatory Area of the Gulf of Alaska
Document Number: E9-4270
Type: Rule
Date: 2009-02-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the offshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the offshore component of the Central Regulatory Area of the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel by Vessels 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
Document Number: E9-4268
Type: Rule
Date: 2009-02-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Atka mackerel for vessels participating in the Amendment 80 limited access A season 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 2009 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.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel Lottery in Areas 542 and 543; Correction
Document Number: E9-4264
Type: Rule
Date: 2009-02-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On January 14, 2009, NMFS published a rule (74 FR 1946) that notified owners and operators of registered vessels of their assignments for the 2009 A season Atka mackerel fishery in harvest limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). Subsequent to the issuance of that notice, NMFS learned that several applicants for federal fisheries permits inadvertently selected the endorsement for the directed Atka mackerel fisheries inside the HLA in the Aleutian Islands subarea. This resulted in NMFS assigning those vessels to the HLA directed fishery for Atka mackerel. NMFS is hereby correcting the previous notice to the owners and operators of registered vessels of their assignments for the 2009 A season Atka mackerel fishery in harvest limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the correct vessels to participate the harvest of the 2009 A season HLA limits established for area 542 and area 543 pursuant to the 2008 and 2009 harvest specifications for groundfish in the BSAI.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Catching Pacific Cod for Processing by the Inshore Component in the Western Regulatory Area of the Gulf of Alaska
Document Number: E9-4261
Type: Rule
Date: 2009-02-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Western Regulatory Area of the GOA.
New England Fishery Management Council; Public Meeting
Document Number: E9-4186
Type: Notice
Date: 2009-02-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) is scheduling a public meeting of its Scientific and Statistical Committee, on March 17-18, 2009, 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.
Gulf of Mexico Fishery Management Council; Public Meetings
Document Number: E9-4136
Type: Notice
Date: 2009-02-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council (Council) will convene its Law Enforcement Advisory Panel (LEAP).
Availability of Seats for the Florida Keys National Marine Sanctuary Advisory Council
Document Number: E9-3976
Type: Notice
Date: 2009-02-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The ONMS is seeking applications for the following vacant seats on the Florida Keys National Marine Sanctuary Advisory Council: Citizen at LargeMiddle Keys (alternate), DivingUpper Keys (member), FishingRecreational (alternate), and TourismUpper Keys (alternate). Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the sanctuary. Applicants who are chosen as members should expect to serve 3-year terms, pursuant to the council's Charter.
Fisheries of the Exclusive Economic Zone Off Alaska; Stock Assessment of Alaska Sablefish; Peer Review Meeting
Document Number: E9-4022
Type: Notice
Date: 2009-02-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has requested the Center for Independent Experts (CIE) to conduct a peer review of the agency's stock assessment of Alaskan sablefish. CIE is a group affiliated with the University of Miami that provides independent peer reviews of NMFS science nationwide, including reviews of stock assessments for fish and marine mammals. The Alaska sablefish stock assessment is an area-wide model that includes the Gulf of Alaska, Bering Sea and the Aleutian Islands. The CIE review will examine whether the assessment incorporates the best available scientific information and provides a reasonable approach to understanding the population dynamics and stock status of sablefish in Alaska. The public is invited to attend and observe the presentations and discussions between the CIE panel and the NMFS scientists who collected and processed the data, and designed the underlying model.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Bottom Longline Petition
Document Number: E9-4021
Type: Proposed Rule
Date: 2009-02-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the receipt of two petitions for rulemaking from several non-governmental organizations (NGOs). These petitions request NMFS take specific actions to address sea turtle interactions in the bottom longline component of the commercial reef fish fishery.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for Processing by the Inshore Component in the Western Regulatory Area of the Gulf of Alaska
Document Number: E9-4016
Type: Rule
Date: 2009-02-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for the A season allowance of the 2009 Pacific cod sideboard limits apportioned to non- American Fisheries Act (AFA) crab vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2009 Pacific cod sideboard limits apportioned to non-AFA crab vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the GOA.
Endangered Species; File No. 14249
Document Number: E9-3935
Type: Notice
Date: 2009-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Ronald Smolowitz, Coonamessett Farm Foundation, Inc., 277 Hatchville Road, East Falmouth, MA 02536, has applied in due form for a permit to take loggerhead (Caretta caretta), leatherback (Dermochelys coriacea), Kemp's ridley (Lepidochelys kempii), green (Chelonia mydas), hawksbill (Eretmochelys imbricata), and olive ridley (Lepidochelys olivacea) sea turtles for purposes of scientific research.
Marine Mammals; File No. 473-1700-02
Document Number: E9-3923
Type: Notice
Date: 2009-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Janice Straley, University of Alaska, 1332 Seward Ave, Sitka, AK 99835, has been issued an amendment to Permit No. 473-1700-01 to conduct research on marine mammals.
Pacific Halibut Fishery; Guideline Harvest Levels for the Charter Vessel Fishery for Halibut
Document Number: E9-3922
Type: Notice
Date: 2009-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS provides notice of Pacific halibut guideline harvest levels (GHLs) for the guided sport charter vessel fishery in the International Pacific Halibut Commission (IPHC) regulatory areas 2C and 3A. The GHLs are benchmark harvest levels for participants in the charter vessel fishery for halibut in each area. This notice is necessary to meet the management and regulatory requirements for the GHLs and to inform the public about the 2009 GHLs for the charter halibut fishery.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area
Document Number: E9-3920
Type: Rule
Date: 2009-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is announcing the opening and closing dates of the Atka mackerel directed fisheries within the harvest limit area (HLA) in Statistical Area 542. This action is necessary to fully use the 2009 A season HLA limits of Atka mackerel in Statistical Area 542 of the Bering Sea and Aleutian Islands.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 of the Gulf of Alaska
Document Number: E9-3919
Type: Rule
Date: 2009-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is reopening directed fishing for pollock in Statistical Area 610 of the Gulf of Alaska (GOA). This action is necessary to fully use the A season allowance of the 2009 total allowable catch (TAC) of pollock specified for Statistical Area 610 of the GOA.
Draft Management Plan and Environmental Assessment for Thunder Bay National Marine Sanctuary: Notice of Public Availability and Meetings
Document Number: E9-3720
Type: Notice
Date: 2009-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with section 304(e) of the National Marine Sanctuaries Act (NMSA), as amended, NOAA is soliciting public comment on the draft management plan and draft environmental assessment for Thunder Bay National Marine Sanctuary.
Fisheries of the Northeastern United States; Monkfish Fishery; Scoping Process
Document Number: E9-3701
Type: Notice
Date: 2009-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England and Mid-Atlantic Fishery Management Councils (Councils) announce their intent to prepare an amendment (Amendment 5) to the Fishery Management Plan (FMP) for Monkfish (Lophius americanus) and to prepare an EIS to analyze the impacts of any proposed management measures. In general, the goals of the amendment are to bring the FMP into compliance with the new requirements of the reauthorized Magnuson- Stevens Fishery Conservation and Management Act (Magnuson Stevens Act), specifically to establish annual catch limits (ACLs) and accountability measures (AMs), and to manage the fishery at long-term sustainable levels. The Councils are initiating a public process to determine the scope of alternatives to be addressed in the amendment and EIS. The purpose of this notification is to alert the interested public of the commencement of the scoping process and to provide for public participation in compliance with environmental documentation requirements.
Endangered and Threatened Species; Take of Anadromous Fish
Document Number: E9-3686
Type: Notice
Date: 2009-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS has received a revised application for scientific research from the U.S. Fish and Wildlife Service USFWS- Red Bluff (RBFWO), in Red Bluff, CA, and USFWS- Sacramento (SFWO), in Sacramento, CA (1415). The permit would affect the federally endangered Sacramento River winter-run Chinook salmon and threatened Central Valley spring-run Chinook salmon Evolutionarily Significant Units (ESUs), the federally threatened Central Valley steelhead Distinct Population Segment (DPS), and the federally threatened southern Distinct Population of North American green sturgeon (southern DPS of green sturgeon). This document serves to notify the public of the availability of the permit application for review and comment.
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan
Document Number: E9-3669
Type: Rule
Date: 2009-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen for 15 days in an area totaling approximately 1,920 nm\2\ (6,586 km\2\) east of Portsmouth, New Hampshire. The purpose of this action is to provide protection to an aggregation of North Atlantic right whales (right whales).
Atlantic Coastal Fisheries Cooperative Management Act Provisions; Application for Exempted Fishing Permits
Document Number: E9-3643
Type: Notice
Date: 2009-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This exempted fishing permit (EFP) application is a continuation of a collaborative project involving the University of New Hampshire (UNH), Durham, New Hampshire (NH); the Lobster Conservancy, Friendship, Maine; the New England Aquarium, Boston, Massachusetts; and the Atlantic Offshore Lobstermen=s Association, Candia, NH. The EFP proposes to continue monitoring legal sized egg bearing female lobsters (berried lobsters) carrying early-stage eggs. This project will allow participating Federal lobster permit holders, fishing in designated study areas, to preserve a maximum of ten eggs from each berried lobster captured in commercial lobster gear, to allow researchers to determine what percentage of eggs are fertilized, and estimate the egg developmental stage and time to maturity. The berried lobsters will then be released unharmed. This project would not involve the authorization of any additional trap gear, and all trap gear would conform to existing Federal lobster regulations. There would be no anticipated adverse effects on protected resources or habitat as a result of this research. The EFP would waive the prohibition on removal of eggs specified at 50 CFR 697.7(c)(1)(iv) for a maximum of three participating vessels. The Director, State, Federal and Constituent Programs Office, Northeast Region, NMFS (Office Director) has made a preliminary determination that the subject EFP application contains all the required information and warrants further consideration. The Office Director has also made a preliminary determination that the activities authorized under the EFPs would be consistent with the goals and objectives of Federal management of the American lobster resource. However, further review and consultation may be necessary before a final determination is made to issue EFPs. NMFS announces that the Office Director proposes to issue EFPs and, therefore, invites comments on the issuance of EFPs for this research.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Commercial Black Sea Bass Pot Segment of the Snapper-Grouper Fishery off the Southern Atlantic States; Control Date
Document Number: E9-3610
Type: Proposed Rule
Date: 2009-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that it is establishing a revised control date to control future access to the commercial black sea bass pot fishery operating in the exclusive economic zone (EEZ) of the South Atlantic. If changes to the management regime are developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), a control date could be used to limit the number of participants in the fishery. This announcement is intended, in part, to promote awareness of the potential eligibility criteria for future access so as to discourage speculative entry into the fishery while the South Atlantic Fishery Management Council (Council) and NMFS consider whether and how access to the black sea bass pot fishery should be controlled.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Commercial Golden Tilefish Segment of the Snapper-Grouper Fishery off the Southern Atlantic States; Control Date
Document Number: E9-3607
Type: Proposed Rule
Date: 2009-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that it is establishing a new control date to control future access to the commercial golden tilefish fishery operating in the exclusive economic zone (EEZ) of the South Atlantic. If changes to the management regime are developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), a control date could be used to limit the number of participants in the fishery. This announcement is intended, in part, to promote awareness of the potential eligibility criteria for future access so as to discourage speculative entry into the fishery while the South Atlantic Fishery Management Council (Council) and NMFS consider whether and how access to the golden tilefish fishery should be controlled.
Availability of Grants Funds for Fiscal Year 2009; Amendment
Document Number: E9-3605
Type: Notice
Date: 2009-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NOAA publishes this notice to amend the solicitation ``NOAA Bay Watershed Education and Training (B-WET) Program,'' which was originally announced in the Federal Register on Tuesday, December 16, 2008. Due to technical difficulties, potential applicants may have experienced problems when attempting to submit applications for the ``NOAA Bay Watershed Education and Training (B-WET) Program,'' solicitation (73 FR 76341) through Grants.gov. This notice announces that the B-WET Program will accept applications from applicants who were unsuccessful in submitting their application through Grants.gov during the original solicitation period.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
Document Number: E9-3531
Type: Rule
Date: 2009-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to implement the annual harvest guideline (HG) and management measures for Pacific sardine in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of January 1, 2009, through December 31, 2009. This HG has been determined according to the regulations implementing the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) and establishes allowable harvest levels for Pacific sardine off the Pacific coast. This rule also announces that the directed fishing harvest total for the first allocation period (January 1 - June 30) has been reached and therefore directed fishing for Pacific sardine is now closed until July 1, 2009.
Taking and Importing Marine Mammals; U.S. Navy Training in the Southern California Range Complex
Document Number: E9-3436
Type: Notice
Date: 2009-02-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that a 1-year letter of authorization (LOA) has been issued to the U.S Navy (Navy) for the incidental take of marine mammals during training, maintenance, and research, development, testing, and evaluation (RDT&E) activities conducted within the Navy's Southern California (SOCAL) Range Complex. These 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).
Incidental Takes of Marine Mammals During Specified Activities; On-ice Marine Geophysical and Seismic Operations in State/OCS Waters of the U.S. Beaufort Sea off Alaska
Document Number: E9-3419
Type: Notice
Date: 2009-02-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that CGGVeritas Land, Inc. (Veritas) has withdrawn its application for an Incidental Harassment Authorization (IHA). The following action is related to a proposed IHA to Veritas for the take of small numbers of marine mammals, by Level B harassment only, incidental to conducting an on-ice marine geophysical research and seismic survey in the U.S. Beaufort Sea off Alaska from February to May, 2009.
Taking and Importing Marine Mammals; U.S. Navy's Atlantic Fleet Active Sonar Training (AFAST)
Document Number: E9-3413
Type: Notice
Date: 2009-02-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that a 1-year letter of authorization (LOA) has been issued to the U.S Navy (Navy) for the incidental take of marine mammals during the Navy's Atlantic Fleet Active Sonar Training (AFAST) activities conducted off the Atlantic Coast and in the Gulf of Mexico. These 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).
Atlantic Highly Migratory Species; 2009 Atlantic Bluefin Tuna Quota Specifications and Effort Controls
Document Number: E9-3412
Type: Proposed Rule
Date: 2009-02-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes 2009 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery to set BFT quotas for each of the established domestic fishing categories and to set effort controls (daily retention limits) for the General and Angling categories. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS solicits written comments and will hold public hearings to receive oral comments on these proposed actions.
Availability of Grant Funds for Fiscal Year 2009; Correction
Document Number: E9-3206
Type: Notice
Date: 2009-02-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration published a document in the Federal Register of January 2, 2009 entitled Availability of Grant Funds for Fiscal Year 2009. The information concerning the Coastal and Estuarine Land Conservation Program FY 2010 competition, which appears in the program listing for the National Ocean Service, contained a reference to an incorrect fiscal year. The correct fiscal year for the program is FY 2009.
Availability of Seats for the Monterey Bay National Marine Sanctuary Advisory Council
Document Number: E9-3203
Type: Notice
Date: 2009-02-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The ONMS is seeking applications for the following vacant seat on the Monterey Bay National Marine Sanctuary Advisory Council: Tourism alternate. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the sanctuary. Applicants who are chosen as members should expect to serve until February 2011, pursuant to the council's Charter.
New England Fishery Management Council; Public Meeting
Document Number: E9-3303
Type: Notice
Date: 2009-02-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) is scheduling a public meeting of its Research Steering Committee (RSC), in March, 2009, 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.
Pacific Fishery Management Council; Public Meetings
Document Number: E9-3302
Type: Notice
Date: 2009-02-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Pacific Fishery Management Council (Council) and its advisory entities will hold public meetings.
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2009 and 2010 Harvest Specifications for Groundfish
Document Number: E9-3297
Type: Rule
Date: 2009-02-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces final 2009 and 2010 harvest specifications and prohibited species catch allowances for the groundfish fishery of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to establish harvest limits for groundfish during the 2009 and 2010 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; 2009 and 2010 Final Harvest Specifications for Groundfish
Document Number: E9-3295
Type: Rule
Date: 2009-02-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces 2009 and 2010 final harvest specifications, reserves and apportionments thereof, Pacific halibut prohibited species catch (PSC) limits, and associated management measures for the groundfish fishery of the Gulf of Alaska (GOA). This action is necessary to establish harvest limits and associated management measures for groundfish during the 2009 and 2010 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). The intended effect of this action is to conserve and manage the groundfish resources in the GOA in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.
Notice of Intent to Conduct Public Scoping and to Prepare an Environmental Impact Statement Related to the Environmental and Social Effects of Implementing the Idaho Forestry Program
Document Number: E9-3294
Type: Notice
Date: 2009-02-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
The FWS and NMFS (collectively, the Services) intend to conduct public scoping under the National Environmental Policy Act (NEPA) to gather information to prepare an Environmental Impact Statement (EIS), and to respond to a request from the State of Idaho (State) to enter into a Cooperative Agreement (Agreement) under Section 6 of the Endangered Species Act (ESA) with the Services. Under the Agreement, the State would implement the Idaho Forestry Program with measures that would provide conservation benefits for listed fish species in the Salmon River Basin and Clearwater River Basin, and the Services would authorize incidental take of listed species caused by forest management activities to the extent that the effects of these activities on listed species are compliant with the requirements of Section 7 of the ESA.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 feet (18.3 m) Length Overall Using Jig or Hook-and-Line Gear in the Bogoslof Pacific Cod Exemption Area in the Bering Sea and Aleutian Islands Management Area
Document Number: E9-3290
Type: Rule
Date: 2009-02-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) length overall (LOA) using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the limit of Pacific cod for catcher vessels
Science Advisory Board (SAB)
Document Number: E9-3186
Type: Notice
Date: 2009-02-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Monday, March 9, 2009, from 10:30 a.m. to 6 p.m. and Tuesday, March 10, 2009, from 8 a.m. to 4:15 p.m. These times and the agenda topics described below are subject to change. Please refer to the Web page http://www.sab.noaa.gov/Meetings/ meetings.html for the most up-to-date meeting agenda. Place: The meeting will be held both days at the Hilton Washington DC/Silver Spring, 8727 Colesville Road, Silver Spring, MD 20910. Please check the SAB Web site http://www.sab.noaa.gov for confirmation of the venue and for directions. Status: The meeting will be open to public participation with a 30- minute public comment period on March 9 at 5:30 p.m. (check Web site to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Written comments should be received in the SAB Executive Director's Office by March 4, 2009 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after March 4, 2009, will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seats will be available on a first-come, first-served basis. Matters to be Considered: The meeting will include the following topics: (1) Final Report from the Social Science Working Group; (2) SAB Strategic Planning Session: Transition and Beyond; (3) SAB Recommendations on Options for a National Climate Service; (4) NOAA Response to ``Engaging NOAA's Constituents: A Report from the NOAA Science Advisory Board''; (5) NOAA Response to the SAB Report ``Fire Weather Research: A Burning Agenda for NOAA''; (6) NOAA Response to the SAB Recommendations on High Performance Computing; and (7) SAB Census of Marine Life Subcommittee Update.
Fisheries of the Exclusive Economic Zone Off Alaska; Maximum Retainable Amounts for Non-American Fisheries Act Trawl Catcher/Processors
Document Number: E9-3184
Type: Proposed Rule
Date: 2009-02-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to amend regulations to change the time at which the amount of retained groundfish must be calculated to comply with the maximum retainable amounts (MRAs) of selected groundfish species caught by trawl catcher/processors (C/Ps) that are not eligible under the American Fisheries Act (AFA) to participate in directed fishing for pollock. This proposed action would apply to MRAs for yellowfin sole, rock sole, flathead sole, ``other flatfish,'' arrowtooth flounder, Pacific cod, and Atka mackerel in the Bering Sea and Aleutian Islands management area (BSAI) and for Pacific ocean perch in the Aleutian Islands (AI). The proposed action is necessary to provide the non-AFA trawl C/Ps the opportunity to reduce discards and increase retention of these groundfish species. The proposed rule is intended to promote the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP).
New England Fishery Management Council; Public Meeting
Document Number: E9-3122
Type: Notice
Date: 2009-02-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) is scheduling a public meeting of its Habitat/MPA/Ecosystem Committee, in March, 2009, 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.
Bay Delta Conservation Plan for the Sacramento-San Joaquin Delta, CA
Document Number: E9-3103
Type: Notice
Date: 2009-02-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior, Bureau of Reclamation
Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the Fish and Wildlife Service (FWS), the Bureau of Reclamation (Reclamation), and the National Marine Fisheries Service (NMFS) will serve as co-lead agencies in the preparation of a joint EIS/EIR for the Bay Delta Conservation Plan (BDCP). The California Department of Water Resources (DWR) will serve as the lead agency under the California Environmental Quality Act (CEQA), which requires the preparation of the EIR component of the EIS/EIR. FWS will serve as the administrative lead for all actions related to this Federal Register Notice (Notice). The Federal co-lead agencies have requested that the U.S. Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) participate in the EIS/EIR as cooperating agencies for the purposes of their regulatory programs. The Corps and EPA have indicated that they will participate in such a role. This Notice revises and updates the Notices of April 15, 2008 and January 24, 2008. In these previous Notices the description of the proposed action and possible alternatives were preliminary in nature and relied upon initial BDCP planning documents which describe the overall intent and direction of potential actions. Following publication of these previous Notices, preliminary scoping comments were submitted in writing and provided at preliminary scoping meetings. Some of the scoping comments indicated that more detailed descriptions of the proposed actions and alternatives are needed to allow specific comments on the range of alternatives and issues and levels of detail to be considered in the analyses of environmental consequences. Public comments received during this scoping period plus the previous two preliminary scoping periods will be considered during the preparation of the EIS/EIR. Comments submitted in response to the previous notices will be considered and do not need to be resubmitted. The BDCP is a conservation plan being prepared to meet the requirements of the federal Endangered Species Act (ESA), the California Endangered Species Act (CESA), and the State of California's Natural Communities Conservation Planning Act (NCCPA). DWR (and potentially State and Federal water contractors) intends to apply for ESA and CESA incidental take permits (ITP) for water operations and management activities in the Sacramento-San Joaquin Delta. These incidental take authorizations would allow the incidental take of threatened and endangered species resulting from covered activities and conservation measures that will be identified through the planning process, including those associated with water operations of the Federal Central Valley Project (CVP), as operated by Reclamation, the California State Water Project (SWP), as operated by DWR, as well as operations of certain Mirant Delta LLC (Mirant Delta) power plants. Additionally, if feasible, the BDCP will be used as the basis for ESA compliance by Reclamation, including compliance with Section 7 of ESA in coordination with FWS and NMFS. Ultimately, the BDCP is intended to secure authorizations that would allow projects that restore and protect water supplies, water quality, and ecosystem health to proceed within a stable regulatory framework.
South Atlantic Fishery Management Council; Public Meetings
Document Number: E9-3101
Type: Notice
Date: 2009-02-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The South Atlantic Fishery Management Council (Council) will hold meetings of its Scientific and Statistical Committee (SSC), Standard Operating, Policy and Procedure (SOPPs) Committee, a joint meeting of its Executive and Finance Committees, Limited Access Privilege Program (LAPP) Committee, Golden Crab Committee, Mackerel Committee, Dolphin/ Wahoo Committee, Shrimp Committee, SSC Selection Committee (Closed Session), joint Ecosystem-Based Management and Habitat Committees, Spiny Lobster Committee, Snapper Grouper Committee, and a meeting of the full Council. The Council will also hold a an informal public question and answer session, a public comment period on the Fishery Ecosystem Plan, and may hold a public comment session regarding Interim Rule measures to address overfishing of red snapper if the Council considers an Interim Rule request. See SUPPLEMENTARY INFORMATION for additional details.
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2009 Georges Bank Cod Fixed Gear Sector Operations Plan and Agreement, and Allocation of Georges Bank Cod Total Allowable Catch
Document Number: E9-3060
Type: Proposed Rule
Date: 2009-02-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This proposed rule provides interested parties an opportunity to comment on the proposed sector operations plan and supplemental environmental assessment (EA) prior to final approval or disapproval of the sector operations plan and allocation of a Georges Bank (GB) cod total allowable catch (TAC) to the GB Cod Fixed Gear Sector (Fixed Gear Sector) for fishing year (FY) 2009. Framework Adjustment (FW) 42 to the Northeast (NE) Multispecies Fishery Management Plan (FMP) implemented the Fixed Gear Sector and authorized allocation of up to 20 percent of the annual GB cod TAC to the Fixed Gear Sector. Pursuant to that authorization, a representative of the Fixed Gear Sector has submitted an operations plan and sector agreement (contract), and requested an allocation of GB cod to the Fixed Gear Sector for FY 2009.
Fraser River Sockeye Salmon Fisheries; Inseason Orders
Document Number: E9-3055
Type: Rule
Date: 2009-02-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS publishes Fraser River salmon inseason orders to regulate salmon fisheries in U.S. waters. The orders were issued by the Fraser River Panel (Panel) of the Pacific Salmon Commission (Commission) and subsequently approved and issued by NMFS during the 2008 salmon fisheries within the U.S. Fraser River Panel Area. These orders established fishing dates, times, and areas for the gear types of U.S. treaty Indian and all citizen fisheries during the period the Panel exercised jurisdiction over these fisheries.
Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; 2008-09 Main Hawaiian Islands Bottomfish Total Allowable Catch
Document Number: E9-3049
Type: Rule
Date: 2009-02-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS specifies a total allowable catch (TAC) for the 2008-09 fishing year of 241,000 lb (109,316 kg) of Deep 7 bottomfish in the main Hawaiian Islands (MHI).
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Space Vehicle and Test Flight Activities from Vandenberg Air Force Base, CA
Document Number: E9-3043
Type: Notice
Date: 2009-02-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a letter of authorization (LOA) has been issued to the 30th Space Wing, U.S. Air Force, to take four species of seals and sea lions incidental to rocket and missile launches on Vandenberg Air Force Base (VAFB), California, a military readiness activity.DATES: Effective February 7, 2009, through February 6, 2010.
Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Pacific Whiting Allocation
Document Number: E9-3022
Type: Rule
Date: 2009-02-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has determined that 4,000 metric tons (mt) of the shore- based sector allocation and 6,000 mt of the mothership sector allocation would not be used by December 31, 2008. Therefore, NMFS has reapportioned the surplus whiting to the catcher/processor sector of the fishery.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer
Document Number: E9-3021
Type: Rule
Date: 2009-02-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the State of North Carolina is transferring a portion of its 2009 commercial summer flounder quota to the Commonwealth of Virginia and the State of New Jersey. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.