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

The Pacific Fishery Management Council's (Council) Habitat Committee (HC) will hold a meeting that is open to the public.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Research Steering Committee (Committee), in May, 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.

The New England Fishery Management Council's (Council) Groundfish Advisory Panel and Recreational Advisory Panel will hold meetings to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The Gulf of Mexico Fishery Management Council (Council) will convene public hearings on Reef Fish Amendment 31.

NMFS closes the recreational fishery for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). In addition, a person aboard a vessel for which a Federal charter vessel/ headboat permit for Gulf reef fish has been issued, must also abide by these closure provisions in state waters if the Federal closure provisions are more restrictive than applicable state law. NMFS has determined this action is necessary to prevent the recreational fishery from exceeding its quota for the fishing year. This closure is necessary to prevent overfishing of Gulf red snapper.

NMFS issues this advance notice of proposed rulemaking to announce that it is revising procedures to file import and export documentation for certain fishery products to meet requirements of the SAFE Port Act of 2006, the Magnuson-Stevens Fishery Conservation and Management Act, other applicable statutes, and obligations that arise from U.S. participation in regional fishery management organizations. Specifically, NMFS intends to integrate the collection of trade documentation within the government-wide International Trade Data System and require electronic information collection through the automated internet portal maintained by the United States Customs and Border Protection. NMFS is seeking advance public comment on the feasibility of electronic reporting by parties involved in an import or export transaction for applicable seafood products.

The National Marine Fisheries Service (NMFS) announces the availability of the Record of Decision (ROD) for the Marine Mammal Health and Stranding Response Program (MMHSRP). This ROD announces NMFS' decisions for implementing the MMHSRP. Pursuant to the National Environmental Policy Act (NEPA) and implementing regulations, NMFS prepared a Programmatic Environmental Impact Statement (PEIS) that evaluated the potential environmental and socioeconomic effects associated with alternatives for the MMHSRP's activities.

NMFS announces that the Limited Access General Category (LAGC) Scallop Fishery will close to individual fishing quota (IFQ) scallop vessels until it re-opens on June 1, 2009, under current regulations. This action is based on the determination that the first quarter scallop total allowable catch (TAC) for LAGC IFQ scallop vessels (including vessels issued an IFQ letter of authorization (LOA) to fish under appeal), is projected to be landed. This action is being taken to prevent IFQ scallop vessels from exceeding the 2009 first quarter TAC, in accordance with the regulations implementing Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan (FMP), enacted by Framework 19 to the FMP, and the Magnuson-Stevens Fishery Conservation and Management Act.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS, has made a preliminary determination that the subject exempted fishing permit (EFP) application contains all the required information and warrants further consideration. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow one commercial fishing vessel to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP, which would enable the applicants to investigate the selectivity of different groundfish trawl codend configurations with a small-mesh cover, would allow for exemptions for one vessel from the Northeast (NE) Multispecies Fishery Management Plan (FMP) as follows: NE multispecies Gulf of Maine (GOM) minimum mesh size. In addition, this EFP would allow temporary exemptions from the NE Multispecies and Monkfish FMPs, per the stipulations detailed in this document, as follows: NE multispecies minimum fish sizes; NE multispecies possession restrictions; monkfish minimum fish sizes; and monkfish possession restrictions.

The North Pacific Fishery Management Council (Council) announces a workshop on Annual Catch Limits, to be held May 21, 22, 2009 in Seattle, WA.

NMFS implements regulations to limit the harvest of Pacific halibut by guided sport charter vessel anglers in International Pacific Halibut Commission (IPHC) Regulatory Area 2C (Area 2C) of Southeast Alaska to one halibut per day. This action is necessary to reduce the halibut harvest in the guided sport charter vessel (guided) sector. The intended effect of this action is to manage the harvest of halibut in Area 2C consistent with an allocation strategy recommended by the North Pacific Fishery Management Council for the guided fishery and the commercial fishery. This final rule implements three restrictions for the guided 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.

The National Marine Fisheries Service (NMFS) currently requires the use of chain-mat modified dredge gear in the Atlantic sea scallop fishery south of 41[deg]9.0' North latitude from May 1 through November 30 each year. This gear is necessary to help reduce mortality and injury to endangered and threatened sea turtles captured in this fishery and to conserve sea turtles listed under the Endangered Species Act (ESA). This proposed action would make minor modifications to the current requirements by clarifying where on the dredge the chain mat should be hung; by excluding the sweep from the requirement that the side of each opening in the chain mat be less than or equal to 14 inches (35.5 cm); and by adding definitions of the sweep and the diamonds, which are terms used to describe parts of the scallop dredge gear. Any incidental take of threatened sea turtles in Atlantic sea scallop dredge gear in compliance with the gear modification requirements and all other applicable requirements will be exempted from the ESA prohibition against takes. NMFS is requesting public comment on this action, the focus of which is the minor modifications described here. NMFS is not accepting public comment on the existing chain mat requirements through this proposed rule.

This final rule establishes the 2009 fishery specifications for Pacific whiting in the U.S. exclusive economic zone (EEZ) and state waters off the coasts of Washington, Oregon, and California, as authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP). These specifications include the level of the acceptable biological catch (ABC), optimum yield (OY), and allocations for the non-tribal commercial sectors. This final rule also announces the reapportionment of Pacific whiting allocation from the tribal sector to the non-tribal sectors; adjusts bycatch limits for the non-tribal commercial sectors of the Pacific whiting fishery; and corrects the Pacific whiting primary season dates.

NOAA announces the implementation, under the authorities of the Harmful Algal Bloom and Hypoxia Research and Control Act (HABHRCA) of 1998, as reauthorized in 2004, of a new competitive research program on Prevention, Control, and Mitigation of Harmful Algal Blooms (PCM HAB). This third national competitive program is a companion to the two existing national harmful algal bloom (HAB) programs, Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) and Monitoring and Event Response of Harmful Algal Blooms (MERHAB), already implemented under the authorities of HABHRCA. PCM HAB will transition promising technologies and strategies for prevention, control, and mitigation, arising from these and other HAB research programs, to end-users. In addition, NOAA is announcing that funding opportunity announcements for ECOHAB, MERHAB, and HAB PCM will be rotated regionally on a three year basis. The three regional groupings are: Gulf of Mexico and Caribbean/ Pacific Islands; West Coast, Alaska, and Great Lakes; and South Atlantic, Mid-Atlantic, Gulf of Maine.

The Mid-Atlantic Fishery Management Council (Council) extends the comment period on its intention to prepare, in cooperation with NMFS, an EIS in accordance with the National Environmental Policy Act to assess potential effects on the human environment of alternative

Notice is hereby given that the Center for Coastal Studies (CCS), P.O. Box 1036,Provincetown, MA 02657, has withdrawn its application for an amendment to scientific research Permit No. 633- 1763.

Several sections of the regulations governing the fisheries of the northeastern United States contain minor inadvertent errors, omissions, and ambiguities. This rule revises the portions of the Northeast (NE) fishery regulations that relate to the Vessel Monitoring System (VMS) and prohibitions, standardizes the VMS vendor requirements, and adds prohibitions and other regulations to clarify existing policies and requirements.

NMFS announces specifications for the spiny dogfish fishery for the 2009 fishing year (FY) (May 1, 2009, through April 30, 2010), and modifies existing management measures. NMFS is implementing a spiny dogfish quota of 12 million lb (5,443.11 mt) for FY 2009, and a possession limit of 3,000 lb (1.36 mt).

Notice is hereby given that NMFS has issued Permit 1606 to Mr. Zachary Larson in Crescent City, California.

This emergency rule implements area closures applicable to the bottom longline component of the reef fish fishery in the exclusive economic zone (EEZ) of the Gulf of Mexico, as requested by the Gulf of Mexico Fishery Management Council (Council), to reduce incidental take and mortality of sea turtles.