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

Magnuson-Stevens Fishery Conservation and Management Act; Regional Fishery Management Councils; Operations
Document Number: E9-15466
Type: Proposed Rule
Date: 2009-06-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS extends the comment period for proposed regulations that
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 15B; Reef Fish Fishery of the Gulf of Mexico
Document Number: E9-15465
Type: Proposed Rule
Date: 2009-06-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this proposed rule to implement Amendment 15B to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This proposed rule would, for South Atlantic snapper-grouper, require a private recreational vessel that fishes in the exclusive economic zone (EEZ), if selected by NMFS, to maintain and submit fishing records; require a vessel that fishes in the EEZ, if selected by NMFS, to carry an observer and install an electronic logbook (ELB) and/or video monitor provided by NMFS; prohibit the sale of snapper-grouper harvested or possessed in the EEZ under the bag limits and prohibit the sale of snapper-grouper harvested or possessed under the bag limits by vessels with a Federal charter vessel/headboat permit for South Atlantic snapper-grouper regardless of where the snapper-grouper were harvested; require an owner and operator of a vessel for which a commercial or charter vessel/headboat permit has been issued and that has on board any hook-and-line gear to comply with sea turtle and smalltooth sawfish release protocols, possess on board specific gear to ensure proper release of such species, and comply with guidelines for proper care and release of such species that are incidentally caught; and expand the allowable transfer of a commercial vessel permit under the limited access program and extend the allowable period for renewal of such a permit. Amendment 15B also proposes to revise the stock status determination criteria for golden tilefish and specify commercial/ recreational allocations for snowy grouper and red porgy. In addition, NMFS proposes to remove language specifying commercial quotas for snowy grouper that are no longer in effect and proposes to revise sea turtle bycatch mitigation requirements applicable to the Gulf reef fish fishery to add two devices that were inadvertently omitted from a prior rule. The intended effects of this rule are to provide additional information for, and otherwise improve the effective management of, the South Atlantic snapper-grouper fishery; minimize the impacts on incidentally caught threatened and endangered sea turtles and smalltooth sawfish; and remove outdated language.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications Modification
Document Number: E9-15464
Type: Rule
Date: 2009-06-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to adjust the harvest specifications 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 final rule increases the tonnage of Pacific sardine allocated for industry conducted research from 1200 metric tons (mt) to 2400 mt and decreases the second and third period directed harvest allocations by 750 mt and 450 mt, respectively.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Closed Area II Scallop Access Area to Scallop Vessels
Document Number: E9-15432
Type: Rule
Date: 2009-06-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the closure of Closed Area II Scallop Access Area (CA II) to scallop vessels until June 15, 2010. This closure is based on a determination by the Northeast Regional Administrator (RA) that scallop vessels will have caught the yellowtail flounder (yellowtail) total allowable catch (TAC) for the CA II by June 29, 2009. Effective 0001 hours, June 29, 2009, vessels may not fish for scallops in the CA II. Vessels on a CA II scallop trip at the time of this announcement must leave the CA II prior to 0001 hour, June 29, 2009. This action is being taken to prevent the scallop fleet from exceeding the yellowtail TAC allocated to the CA II for the 2009 scallop fishing year in accordance with the regulations implementing the Atlantic Sea Scallop Fishery Management Plan (FMP), Northeast (NE) Multispecies FMP and the Magnuson-Stevens Fishery Conservation and Management Act.
Marine Mammals; File No. 774-1714
Document Number: E9-15344
Type: Notice
Date: 2009-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS, Southwest Fisheries Science Center (SWFSC) (Jeremy Rusin, Principal Investigator), Protected Resources Division, 8604 La Jolla Shores Dr., La Jolla, CA 92037 has been issued an amendment to scientific research Permit No. 774-1714-09.
Marine Mammals; File No. 984-1587-08
Document Number: E9-15343
Type: Notice
Date: 2009-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the Dr. Terrie Williams, Department of Biology, University of California at Santa Cruz, Santa Cruz, CA 95064 has been issued an amendment to scientific research Permit No. 984-1587-07.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 16
Document Number: E9-15342
Type: Rule
Date: 2009-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to implement the approved measures of Amendment 16 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP)(Amendment 16), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule establishes a seasonal closure of the recreational and commercial fisheries for gag and associated shallow- water grouper species; establishes a seasonal closure of the recreational fishery for vermilion snapper; reduces the aggregate bag limit for grouper and tilefish; reduces the bag limit for gag or black grouper combined; reduces the bag limit for vermilion snapper; prohibits captain and crew of a vessel operating as a charter vessel or headboat from retaining any fish under the aggregate bag limit for grouper and tilefish or the vermilion snapper bag limit; establishes semiannual quotas for the commercial vermilion snapper fishery; establishes a quota for the commercial gag fishery; establishes restrictions on the possession, sale, and purchase of gag and associated shallow-water grouper species after the gag commercial quota is reached; and requires possession of a dehooking device on board a vessel when fishing for South Atlantic snapper- grouper and use of such device as needed to release fish with a minimum of injury. In addition, Amendment 16, for both gag and vermilion snapper, revises the definitions of maximum sustainable yield (MSY) and optimum yield (OY), specifies total allowable catch (TAC), and establishes interim allocations of TACs for the recreational and commercial sectors. Amendment 16 also specifies a minimum stock size threshold (MSST) for gag and, based on the new assessment, for vermilion snapper. The intended effects of this final rule are to end overfishing of gag and vermilion snapper, protect shallow-water grouper during their spawning season, and reduce bycatch mortality of snapper- grouper species in the South Atlantic.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Closure of the Eastern U.S./Canada Area
Document Number: E9-15312
Type: Rule
Date: 2009-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces a temporary closure of the Eastern U.S./Canada Area to limited access NE multispecies days-at-sea (DAS) vessels. Based upon Vessel Monitoring System (VMS) reports and other available information, the Administrator, Northeast Region, NMFS (Regional Administrator) has projected that the total allowable catch (TAC) of Georges Bank (GB) cod allocated to be harvested from the Eastern U.S./ Canada Area from May 1, 2009, through July 31, 20098, would be harvested on or around June 24, 2009, if current catch rates continue. This action is being taken to prevent the Eastern U.S./Canada Area TAC specified for the first quarter of the 2009 fishing year from being exceeded. This area will be reopened on August 1, 2009, to provide access to the shared U.S./Canada Stocks of cod, haddock, and yellowtail flounder.
Endangered and Threatened Species: Notice of Availability for Public Comment on Guidance for Monitoring the Recovery of Pacific Northwest Salmon and Steelhead Listed under the Federal Endangered Species Act
Document Number: E9-15199
Type: Notice
Date: 2009-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service's (NMFS) Northwest Region has drafted guidance on monitoring the recovery of Pacific Northwest salmon and steelhead listed under the Endangered Species Act (ESA). This draft Pacific Northwest monitoring guidance is intended to assist NMFS' recovery partners in Oregon, Washington, and Idaho in understanding the recovery monitoring needs under the ESA. NMFS' Northwest Region is soliciting public review and comment on the draft Pacific Northwest monitoring guidance.
Endangered Species; File No. 14272
Document Number: E9-15196
Type: Notice
Date: 2009-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Lawrence Wood, Marinelife Center of Juno Beach, 14200 U.S. Hwy. 1, Juno Beach, FL 33408, has been issued a permit to take hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
Document Number: E9-15190
Type: Notice
Date: 2009-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Regional Administrator, Southwest Region, NMFS, has made a preliminary determination that an application for an Exempted Fishing Permit (EFP) warrants further consideration. The application was submitted by members of the Pacific sardine fishing industry and requests an exemption from commercial quotas in order to conduct a survey to obtain a estimate of the population of Pacific sardine. NMFS requests public comment on the application.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction and Operation of Offshore Oil and Gas Facilities in the Beaufort Sea, Alaska
Document Number: E9-15188
Type: Notice
Date: 2009-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notice is hereby given that NMFS has issued a letter of authorization (LOA) to BP Exploration (Alaska), Inc. (BPXA) to take marine mammals incidental to the production of offshore oil and gas at the Northstar development in the Beaufort Sea off Alaska.
Notice of Availability of Draft Stock Assessment Reports
Document Number: E9-15200
Type: Notice
Date: 2009-06-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS reviewed the Alaska, Atlantic, and Pacific regional marine mammal stock assessment reports (SARs) in accordance with the Marine Mammal Protection Act. SARs for marine mammals in the Alaska, Atlantic, and Pacific regions were revised according to new information. NMFS solicits public comments on draft 2009 SARs.
Atlantic Highly Migratory Species; Inseason Action to Close the Commercial Non-Sandbar Large Coastal Shark Fisheries in the Shark Research Fishery and Atlantic Region
Document Number: E9-15198
Type: Rule
Date: 2009-06-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is closing the commercial fisheries for non-sandbar large coastal sharks (LCS) in both the shark research fishery and Atlantic region. This action is necessary because NMFS estimated that these fisheries have reached or exceeded 80 percent of the available quota.
Proposed Information Collection; Comment Request; Socioeconomic Monitoring Program for the Florida Keys National Marine Sanctuary
Document Number: E9-15173
Type: Notice
Date: 2009-06-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Hydrographic Services Review Panel Meeting
Document Number: E9-15078
Type: Notice
Date: 2009-06-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration (NOAA) is soliciting nominations for membership on the Hydrographic Services Review Panel (the Panel), a Federal advisory committee. NOAA is extending the time period for submission of membership applications from Friday, June 26, 2009 to Friday, July 24, 2009. This notice responds to the Hydrographic Services Improvement Act Amendments of 2002, Public Law 107-372, which requires the Under Secretary of Commerce for Oceans and Atmosphere to solicit nominations for Panel membership. The Panel will advise the Under Secretary on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998, and such other appropriate matters as the Under Secretary refers to the Panel for review and advice. To apply for membership on the Panel, applicants
Fisheries of the Northeastern United States; Spiny Dogfish; Framework Adjustment 2
Document Number: E9-14882
Type: Rule
Date: 2009-06-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces approval of Framework Adjustment 2 (Framework 2) to the Spiny Dogfish Fishery Management Plan (FMP), which was developed by the Mid-Atlantic and New England Fishery Management Councils (Councils). Framework 2 broadens the FMP stock status determination criteria for spiny dogfish, while maintaining objective and measurable criteria to identify when the stock is overfished or approaching an overfished condition. The framework action also establishes acceptable categories of peer review of new or revised stock status determination criteria for the Council to use in its specification-setting process for spiny dogfish. This action is necessary to ensure that changes or modification to the stock status determination criteria, constituting the best available, peer-reviewed scientific information, are accessible to the management process in a timely and efficient manner, consistent with National Standards 1 and 2 of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This action modifies the process for defining and peer-reviewing the stock status determination criteria, as defined in the FMP and does not implement or change any regulations.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 30B Supplement
Document Number: E9-14881
Type: Rule
Date: 2009-06-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to resolve an error contained in the rule to implement Amendment 30B to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council) that published in the Federal Register on November 18, 2008. The error would have implemented a restriction for the Edges seasonal-area closure that was not intended. This final rule establishes the Edges seasonal-area closure consistent with the intent of Amendment 30B.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery off the Southern Atlantic States; Amendment 7
Document Number: E9-14880
Type: Proposed Rule
Date: 2009-06-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this proposed rule to implement Amendment 7 to the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). For South Atlantic rock shrimp, this proposed rule would rename the rock shrimp permit and endorsement; require all South Atlantic shrimp permit holders to provide economic data if selected; reinstate all limited access rock shrimp endorsements for those vessel owners who renewed their open access permit in the year in which they failed to renew their limited access endorsement; remove the 15,000-lb (6,804-kg) rock shrimp landing requirement; and reinstate all limited access rock shrimp endorsements lost due to not meeting the landing requirement.
Endangered Species; File No. 14394
Document Number: E9-14879
Type: Notice
Date: 2009-06-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Douglas Peterson, PhD, University of Georgia, Warnell School of Forest Resources, Athens, GA 30602, has applied in due form for a permit to take shortnose sturgeon (Acipenser brevirostrum) for purposes of scientific research.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA
Document Number: E9-14878
Type: Notice
Date: 2009-06-24
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 one-year Letter of Authorization (LOA) has been issued to the Monterey Bay National Marine Sanctuary (MBNMS) to incidentally take, by Level B harassment only, California sea lions (Zalophus californianus) and Pacific harbor seals (Phoca vitulina) incidental to professional fireworks displays within the MBNMS.
Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2009
Document Number: E9-14877
Type: Rule
Date: 2009-06-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS implements recreational management measures for the 2009 summer flounder and black sea bass fisheries and notifies the public that the recreational management measures for the scup fishery remain the same as in 2008. These actions are necessary to comply with regulations implementing the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) and to ensure compliance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). The intent of these measures is to prevent overfishing of the summer flounder, scup, and black sea bass resources.
Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot, Arrowtooth Flounder, and Sablefish by Vessels Participating in the Amendment 80 Limited Access Fishery in Bering Sea and Aleutian Islands Management Area
Document Number: E9-14872
Type: Rule
Date: 2009-06-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is closing directed fishing for Greenland turbot, arrowtooth flounder, and sablefish by 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 2009 halibut bycatch allowance specified for the trawl Greenland turbot, arrowtooth flounder, and sablefish fishery category by vessels participating in the Amendment 80 limited access fishery in the BSAI.
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit
Document Number: E9-14722
Type: Notice
Date: 2009-06-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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 four 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 land more than one standard tote of female red crabs and to conduct at-sea sampling and tagging, would allow for exemptions for up to four vessels from the Atlantic Deep-sea Red Crab Fishery Management Plan (FMP).
Taking Marine Mammals Incidental to Specified Activities; Offshore Exploratory Drilling in the Beaufort Sea off Alaska
Document Number: E9-14719
Type: Notice
Date: 2009-06-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Shell Offshore, Inc. (Shell) has withdrawn its application for an Incidental Harassment Authorization (IHA). The following action is related to a proposed IHA to Shell for the take of small numbers of marine mammals, by Level B harassment, incidental to conducting open-water offshore exploratory drilling on outer continental shelf (OCS) oil lease blocks in the Beaufort Sea off Alaska during the 2008/2009 open-water season.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 Deepwater Grouper Commercial Fishery
Document Number: E9-14610
Type: Rule
Date: 2009-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS closes the commercial fishery for deepwater grouper (misty grouper, snowy grouper, yellowedge grouper, warsaw grouper, and speckled hind) in the exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has determined that the deepwater grouper quota for the commercial fishery will have been reached by June 27, 2009. This closure is necessary to protect the deepwater grouper resource.
Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Closure of the Pacific Whiting Primary Fishery for the Mothership Sector
Document Number: E9-14609
Type: Rule
Date: 2009-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces closure of the primary season for the mothership sector of the Pacific whiting fishery at 10:00 p.m. local time (l.t.) June 1, 2009. The closure was necessary because the mothership sector was projected to reach its Pacific whiting harvest guideline. This action is authorized by regulations implementing the Pacific Coast Groundfish Fishery Management Plan (FMP), which governs the groundfish fishery off Washington, Oregon, and California. This action is intended to keep the harvest of Pacific whiting at the 2009 allocation levels.
Endangered Species; File No. 1506
Document Number: E9-14608
Type: Notice
Date: 2009-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Blair E. Witherington, Ph.D., Florida Fish and Wildlife Conservation Commission, Fish and Wildlife Research Institute, Melbourne Beach Field Laboratory, 9700 South A1A, Melbourne Beach, FL 32951, has been issued a modification to scientific research Permit No. 1506-01.
Mid-Atlantic Fishery Management Council; Public Meeting
Document Number: E9-14571
Type: Notice
Date: 2009-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Mid-Atlantic Fishery Management Council (MAFMC) will hold a public meeting on July 14, 2009. The MAFMC's Scientific and Statistical Committee (SSC) will hold a public meeting on July 15-16, 2009. The MAFMC's Summer Flounder, Scup, Black Sea Bass, and Bluefish Monitoring Committee's (MC) will hold a meeting on July 17, 2009.
Fisheries of the South Atlantic and Gulf of Mexico; Southeastern Data, Assessment, and Review (SEDAR); SEDAR 18 Atlantic Red Drum Assessment Panel; Public Meeting
Document Number: E9-14570
Type: Notice
Date: 2009-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The SEDAR 18 Assessment Panel will meet via conference call to review preliminary assessment model results, select a preferred assessment model, and discuss future analytical needs. See SUPPLEMENTARY INFORMATION.
Notification of Stock Status Determination for Atlantic Highly Migratory Species Shortfin Mako Shark
Document Number: E9-14489
Type: Notice
Date: 2009-06-19
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has determined that overfishing is occurring on Atlantic highly migratory species shortfin mako and the stock is approaching an overfished condition. The Secretary is required to take action within 1 year following determination that: a stock is overfished; a stock is approaching an overfished condition; or existing remedial action taken to end overfishing or rebuild an overfished stock has not resulted in adequate progress.
International Fisheries Regulations; Fisheries in the Western Pacific; Pelagic Fisheries; Hawaii-based Shallow-set Longline Fishery
Document Number: E9-14487
Type: Proposed Rule
Date: 2009-06-19
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This proposed rule would remove the annual limit on the number of fishing gear deployments (sets) for the Hawaii-based pelagic longline fishery. The rule would also increase the current limit on incidental interactions that occur annually between loggerhead sea turtles and shallow-set longline fishing. The proposed rule is intended to increase opportunities for the shallow-set fishery to sustainably harvest swordfish and other fish species, without jeopardizing the continued existence of sea turtles and other protected resources. This proposed rule would also make several administrative clarifications to the regulations.
Marine Mammals; File No.1032-1917
Document Number: E9-14476
Type: Notice
Date: 2009-06-19
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Robert A. Garrott, Ph.D, Ecology Department, Montana State University, 310 Lewis Hall, Bozeman, MT, 59717, has applied for an amendment to Scientific Research Permit No.1032-1917.
2009 European Union Export Certification for Fishery Products
Document Number: E9-14475
Type: Notice
Date: 2009-06-19
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration Seafood Inspection Program (NOAA SIP) will become the sole certifying agency for all fish and fishery products for export to European Union (EU) or European Free Trade Association (EFTA) member countries. Due to the large volume of demand for these certificates and the need for expedient service, SIP, through this notice, is announcing a change from current practices, including fee structure, for providing Health Certificates for the EU and EFTA.
Endangered and Threatened Species; Determination of Endangered Status for the Gulf of Maine Distinct Population Segment of Atlantic Salmon
Document Number: E9-14269
Type: Rule
Date: 2009-06-19
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
We (NMFS and USFWS, collectively referred to as the Services) have determined that naturally spawned and conservation hatchery populations of anadromous Atlantic salmon (Salmo salar) whose freshwater range occurs in the watersheds from the Androscoggin River northward along the Maine coast to the Dennys River, including those that were already listed in November 2000, constitute a distinct population segment (DPS) and hence a ``species'' for listing. We have determined that the Gulf of Maine (GOM) DPS warrants listing as endangered under the Endangered Species Act (ESA). Critical habitat for the GOM DPS will be designated in a subsequent Federal Register notice.
Endangered and Threatened Species; Designation of Critical Habitat for Atlantic Salmon (Salmo salar) Gulf of Maine Distinct Population Segment
Document Number: E9-14268
Type: Rule
Date: 2009-06-19
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service (NMFS), issue a final rule designating critical habitat for the Atlantic salmon (Salmo salar) Gulf of Maine Distinct Population Segment (GOM DPS). We previously determined that naturally spawned and several hatchery populations of Atlantic salmon which constitute the GOM DPS warrant listing as endangered under the Endangered Species Act of 1973, as amended (ESA). We are required to designate critical habitat for the GOM DPS as a result of this listing. We hereby designate as critical habitat 45 specific areas occupied by Atlantic salmon at the time of listing that comprise approximately 19,571 km of perennial river, stream, and estuary habitat and 799 square km of lake habitat within the range of the GOM DPS and in which are found those physical and biological features essential to the conservation of the species. The entire occupied range of the GOM DPS in which critical habitat is designated is within the State of Maine. We exclude approximately 1,256 km of river, stream, and estuary habitat and 100 square km of lake habitat from critical habitat pursuant to section 4(b)(2) of the ESA.
Incidental Takes of Marine Mammals During Specified Activities; Low-Energy Marine Seismic Survey in the Northwest Atlantic Ocean, August 2009
Document Number: E9-14380
Type: Notice
Date: 2009-06-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received an application from Rice University (Rice), for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to conducting a marine seismic survey in the Northwest Atlantic during August 2009. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS requests comments on its proposal to authorize Rice to incidentally take, by Level B harassment only, small numbers of marine mammals during the aforementioned activity.
Endangered and Threatened Species; Take of Anadromous Fish
Document Number: E9-14267
Type: Notice
Date: 2009-06-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the Oregon Department of Fish and Wildlife (ODFW) has submitted a Fishery Management and Evaluation Plan (FMEP) pursuant to the protective regulations promulgated for Oregon Coast (OC) coho salmon under the Endangered Species Act (ESA). The FMEP specifies the future management of freshwater inland recreational fisheries potentially affecting coho salmon on the Oregon coast. This document serves to notify the public of the availability of the FMEP for review and comment before final approval or disapproval is made by NMFS.
New Conservation and Management Measures and Resolutions for Antarctic Marine Living Resources Under the Auspices of CCAMLR
Document Number: E9-14266
Type: Notice
Date: 2009-06-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS notifies the public that the United States has accepted conservation and management measures and resolutions pertaining to fishing in Antarctic waters managed by the Commission for the Conservation of Antarctic Marine Living Resources (Commission or CCAMLR). The Commission adopted these measures at its twenty-seventh meeting in Hobart, Tasmania, October 27 to November 7, 2008. The measures have been agreed upon by the Member countries of CCAMLR, including the United States, in accordance with Article IX of the Convention for the Conservation of Antarctic Marine Living Resources (the Convention). The measures include: measures previously adopted by the Commission and remaining in force; measures adopted for the 2008/ 2009 fishing season to restrict overall catches, research catch and bycatch of certain species of finfish, squid, krill and crabs; restrict fishing in certain areas; restrict use of certain fishing gear; specify implementation and inspection obligations supporting the Catch Documentation Scheme of Contracting Parties; promote compliance with CCAMLR measures by non-Contracting Party vessels; and require vessels engaged in bottom fishing to report data on benthic organisms recovered by their gear. This notice includes a summary of the 22 new measures adopted at the twenty-seventh meeting of CCAMLR. The full text of all measures adopted by CCAMLR can be found on CCAMLR's Web site www.ccamlr.org.
Atlantic Highly Migratory Species; 2009 Atlantic Bluefin Tuna Quota Specifications and Effort Controls; Correction
Document Number: E9-14265
Type: Rule
Date: 2009-06-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS published a final rule in the Federal Register on June 1, 2009, concerning the final 2009 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery, including quotas for each of the established domestic fishing categories and effort controls for the General category and Angling category. While the effective dates in the DATES section were correct, the rule contained a typo with regard to effective dates of the BFT daily retention limits in the SUPPLEMENTARY INFORMATION section. This document corrects that typo.
Endangered and Threatened Species; Take of Anadromous Fish
Document Number: E9-14264
Type: Notice
Date: 2009-06-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS has received an application for a permit to conduct research for scientific purposes from Thomas R. Payne and Associates (TRPA) in Arcata, California. The requested permit would affect the endangered Southern California Coast Distinct Population Segment of steelhead (Oncorhynchus mykiss). The public is hereby notified of the availability of the permit application for review and comment before NMFS either approves or disapproves the application.
2009 Monkfish Research Set-Aside Program
Document Number: E9-14263
Type: Notice
Date: 2009-06-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS notifies the public of the reallocation of monkfish research days-at-sea (DAS) as exempted DAS. These are DAS that were set aside under the 2009 Monkfish Research Set-Aside (RSA) Program, but were not distributed through the NOAA grant process. These exempted DAS may be used for the conduct of monkfish related research activities during fishing year (FY) 2009 (May 1, 2009, through April 30, 2010). Requests for a monkfish DAS exemption must be submitted with a complete application for an exempted fishing permit (EFP).
Fisheries in the Western Pacific; Amended Marine Conservation Plan for Pacific Insular Areas; Western Pacific Sustainable Fisheries Fund
Document Number: E9-14032
Type: Notice
Date: 2009-06-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces approval of an amended marine conservation plan (MCP) for Pacific Insular Areas other than American Samoa, Guam, and the Northern Mariana Islands.
Incidental Taking of Marine Mammals; Taking of Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico
Document Number: E9-14024
Type: Notice
Date: 2009-06-15
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 NMFS has issued a one-year Letter of Authorization (LOA) to take marine mammals incidental to the explosive removal of offshore oil and gas structures (EROS) in the Gulf of Mexico.
Taking and Importing Marine Mammals; U.S. Navy Training in the Jacksonville Range Complex
Document Number: E9-13698
Type: Rule
Date: 2009-06-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS, upon application from the U.S. Navy (Navy), is issuing regulations to govern the unintentional taking of marine mammals incidental to activities conducted off the Charleston/Jacksonville (JAX) Range Complex for the period of June 2009 through June 2014. The Navy's activities are considered military readiness activities pursuant to the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act for Fiscal Year 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 effecting 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.
Taking and Importing Marine Mammals; U.S. Navy Training in the Virginia Capes Range Complex
Document Number: E9-13697
Type: Rule
Date: 2009-06-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS, upon application from the U.S. Navy (Navy), is issuing regulations to govern the unintentional taking of marine mammals incidental to activities conducted at the Virginia Capes (VACAPES) Range Complex for the period of June 2009 through June 2014. The Navy's activities are considered military readiness activities pursuant to the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act for Fiscal Year 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 effecting 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.
Taking and Importing Marine Mammals; U.S. Navy Training in the Cherry Point Range Complex
Document Number: E9-13696
Type: Rule
Date: 2009-06-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS, upon application from the U.S. Navy (Navy), is issuing regulations to govern the unintentional taking of marine mammals incidental to activities conducted at the Cherry Point Range Complex for the period of June 2009 through June 2014. The Navy's activities are considered military readiness activities pursuant to the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act for Fiscal Year 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 effecting 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.
Endangered and Threatened Species: 12-Month Finding for a Petition to Revise Critical Habitat for Hawaiian Monk Seal
Document Number: E9-13880
Type: Proposed Rule
Date: 2009-06-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On July 9, 2008, we (NMFS) received a petition dated July 2, 2008, requesting that we revise the present critical habitat designation for the Hawaiian monk seal (Monachus schauinslandi) under the Endangered Species Act (ESA) by expanding the current critical habitat in the Northwestern Hawaiian Islands, and by designating additional critical habitat in the main Hawaiian Islands. We have reviewed, and here provide a summary of the best available information regarding Hawaiian monk seal biology and habitat use. Based on our review, we intend to revise the monk seal's critical habitat, and we are providing our initial thoughts on the habitat features that are essential to the conservation of this species and describing how we intend to proceed with the requested critical habitat revision.
Atlantic Highly Migratory Species; Essential Fish Habitat
Document Number: E9-13866
Type: Notice
Date: 2009-06-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the availability of a final integrated environmental impact statement (EIS) and fishery management plan (FMP) amendment pursuant to the National Environmental Policy Act (NEPA) that revises existing Highly Migratory Species (HMS) Essential Fish Habitat (EFH); establishes a new Habitat Area of Particular Concern (HAPC) for bluefin tuna (BFT) in the Gulf of Mexico; and includes conservation recommendations for fishing and non-fishing impacts on EFH consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and other relevant Federal laws. Approval of the amendment will be concurrent with approval of the Record of Decision and will occur following the 30-day waiting period on the FEIS.
Pacific Fishery Management Council; Public Meeting/Workshop
Document Number: E9-13839
Type: Notice
Date: 2009-06-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Three Groundfish Stock Assessment Review (STAR) Panel meetings will be held to review new assessments for groundfish species. The first STAR Panel meeting will review new assessments for bocaccio and widow rockfish. The second STAR Panel meeting will review new assessments for lingcod and cabezon. The third STAR Panel meeting will review new assessments for yelloweye and greenstriped rockfish. All three STAR Panel meetings are work sessions which are open to the public.