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

Listing Endangered and Threatened Species: Initiation of a Status Review for the Oregon Coast Evolutionarily Significant Unit of Coho Salmon
Document Number: E9-18385
Type: Notice
Date: 2009-07-31
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On April 29, 2009, we, NMFS, announced the initiation of a status review under the Endangered Species Act (ESA) for the Oregon Coast coho salmon (Oncorhynchus kisutch) evolutionarily significant unit (ESU). As part of that proposal, we provided a 90- day comment period, ending on July 28, 2009. We have received requests for an extension of the public comment period. In response to these requests, we are reopening the comment period for the proposed action.
Endangered Species; File No. 14508
Document Number: E9-18384
Type: Notice
Date: 2009-07-31
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Inwater Research Group, Inc., Jensen Beach, FL 34957 (Principal Investigator: Michael Bresette), has applied in due form for a permit to take green (Chelonia mydas), loggerhead (Caretta caretta), hawksbill (Eretmochelys imbricata), and Kemp's ridley (Lepidochelys kempii) sea turtles for purposes of scientific research.
Incidental Taking of Marine Mammals; Taking of Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico
Document Number: E9-18383
Type: Notice
Date: 2009-07-31
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 a issued 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.
National Sea Grant Advisory Board
Document Number: E9-18234
Type: Notice
Date: 2009-07-31
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Sea Grant Advisory Board (Board). Board members will discuss and provide advice on the National Sea Grant College Program in the areas of program evaluation, strategic planning, education and extension, science and technology programs, and other matters as described in the Agenda below.
Changes to the Florida Keys National Marine Sanctuary Regulations; Technical Corrections and Minor Substantive Changes
Document Number: E9-17825
Type: Rule
Date: 2009-07-31
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NOAA publishes this final rule for certain regulations for the Florida Keys National Marine Sanctuary. This final rule makes technical corrections and modifications to several areas in the regulations. As part of these modifications, NOAA: amends the definition of coral to specifically include the common sea fan, Gorgonia ventalina and Venus sea fan, Gorgonia flabellum, which are both important sanctuary resources and are currently managed under the category ``live rock''; specifies that ``touching'' coral is an injury and therefore, a prohibited activity in the FKNMS; amends the minimum distance between vessels and ``divers down'' flags to be 100 yards instead of 100 feet; clarifies that the prohibitions listed for Sanctuary Preservation Areas and Ecological Reserves also apply in Research-only Areas; and corrects several citations that were currently out of date.
Fisheries of the Northeastern United States; Northeast (NE) Skate Complex Fishery; Notice of a Control Date for the Purpose of Limiting Entry to the Skate Bait Fishery; NE Skate Complex Fishery Management Plan (Skate FMP)
Document Number: E9-18264
Type: Proposed Rule
Date: 2009-07-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that it is considering, and is seeking public comment on, proposed rulemaking to control future access to the skate bait fishery in the NE skate complex if a management regime is developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) to limit the number of participants in this component of the skate fishery. This component of the fishery includes vessels with open access skate permits that fish for skates to be sold as bait. This announcement is intended, in part, to promote awareness of potential eligibility criteria for future access so as to discourage new or speculative entry into the fishery while the New England Fishery Management Council (Council) considers whether and how access to the skate bait fishery should be controlled.
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; State Waters Exemption
Document Number: E9-18263
Type: Rule
Date: 2009-07-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final rule allows an exemption from the minimum twine- top mesh size for vessels issued Federal scallop permits and fishing exclusively in State of Maine (ME) waters. In addition, the state waters exemption provides an exemption from scallop days-at-sea (DAS) for limited access DAS scallop vessels, provided the vessel fishes exclusively in ME state waters. The scallop fishery regulations specify that a state may be eligible for a state waters exemption if it has a scallop fishery and a scallop conservation program that does not jeopardize the biomass and fishing mortality/effort limit objectives of the Atlantic Sea Scallop Fishery Management Plan (FMP). The regulations further state that the Regional Administrator, Northeast Region, NMFS (RA), shall determine which states meet those criteria and shall authorize the exemption for such states by publishing a rule in the Federal Register.
Mid-Atlantic Fishery Management Council; Public Meeting
Document Number: E9-18189
Type: Notice
Date: 2009-07-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Mid-Atlantic Fishery Management Council (Council) announces its intention to prepare, in cooperation with NFS, and EIS in accordance with the national Environmental Policy Act to assess potential effects on the human environment of alternative measures to
External Advisory Panel for NOAA's Oceans and Human Health Initiative
Document Number: E9-18184
Type: Notice
Date: 2009-07-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This notice responds to the Oceans and Human Health Act of 2005, Public Law 108-447, which authorizes the Secretary of Commerce to establish an Oceans and Human Health Advisory Panel (the Panel). This Panel assists in the development and implementation of the NOAA Oceans and Human Health Initiative, as set forth in section 903(b) of the Oceans and Human Health Act. Nominations to the Panel are being solicited for a balanced representation of individuals with multi-disciplinary expertise in the marine and biomedical sciences. The Panel is not subject to the Federal Advisory Committee Act (5 U.S.C. App.).
Caribbean Fishery Management Council; Scoping Meetings
Document Number: E9-18162
Type: Notice
Date: 2009-07-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Caribbean Fishery Management Council will hold scoping meetings to obtain input from fishers, the general public, and the local agencies representatives on the Document for Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands and Amendment X to the Reef Fish Fishery Management Plan of Puerto Rico and the U.S. Virgin Islands (Including the Final Environmental Impact Statement, Regulatory Impact Review, and Initial Regulatory Flexibility Analysis).
Evaluation of State Coastal Management Programs and National Estuarine Research Reserves
Document Number: E9-18082
Type: Notice
Date: 2009-07-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Maine Coastal Management Program, the Washington Coastal Management Program, and the Padilla Bay (Washington) National Estuarine Research Reserve.
National Estuarine Research Reserve System
Document Number: E9-18087
Type: Notice
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce is announcing a thirty day public comment period on the North Carolina National Estuarine Research Reserve Management Plan Revision.
Listing Endangered and Threatened Species and Designating Critical Habitat: Notice of Finding on a Petition To List the Largetooth Sawfish (Pristis perotteti) as an Endangered or Threatened Species Under the Endangered Species Act
Document Number: E9-18079
Type: Proposed Rule
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, announce a 90 day finding on a petition to list largetooth sawfish (Pristis perotteti) as endangered or threatened under the Endangered Species Act (ESA). We find that the petition presents substantial scientific and commercial information indicating the petitioned action may be warranted. We will conduct a status review of largetooth sawfish to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data regarding this species (see below).
Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and Marine Mammal Protection Act
Document Number: E9-18075
Type: Proposed Rule
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service (NMFS), propose regulations under the Endangered Species Act and Marine Mammal Protection Act to prohibit vessels from approaching killer whales within 200 yards and from parking in the path of whales for vessels in inland waters of Washington State. The proposed regulations would also prohibit vessels from entering a conservation area during a defined season. Certain vessels would be exempt from the prohibitions. The purpose of this action is to protect killer whales from interference and noise associated with vessels. In the final rule announcing the endangered listing of Southern Resident killer whales we identified disturbance and sound associated with vessels as a potential contributing factor in the recent decline of this population. The Recovery Plan for Southern Resident killer whales calls for evaluating current guidelines and assessing the need for regulations and/or protected areas. We developed this proposed rule after considering comments submitted in response to an Advance Notice of Proposed Rulemaking (ANPR) and preparing a draft environmental assessment (EA). We are requesting comments on the proposed regulations and the draft EA.
National Estuarine Research Reserve System
Document Number: E9-18072
Type: Notice
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce is announcing a thirty day public comment period on the Hudson River National Estuarine Research Reserve Management Plan Revision.
Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish and Pelagic Shelf Rockfish for Trawl Catcher Vessels Participating in the Entry Level Rockfish Fishery in the Central Regulatory Area of the Gulf of Alaska
Document Number: E9-18066
Type: Rule
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for northern rockfish and pelagic shelf rockfish (PSR) for trawl catcher vessels participating in the entry level rockfish fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 allocation of northern rockfish and PSR allocated to trawl catcher vessels participating in the entry level rockfish fishery in the Central Regulatory Area of the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Shortraker Rockfish in the Western Regulatory Area of the Gulf of Alaska
Document Number: E9-18065
Type: Rule
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting retention of shortraker rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2009 total allowable catch (TAC) of shortraker rockfish in the Western Regulatory Area of the GOA has been reached.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch for Catcher Processors Participating in the Rockfish Limited Access Fishery in the Central Regulatory Area of the Gulf of Alaska
Document Number: E9-18063
Type: Rule
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific ocean perch by catcher processors participating in the rockfish limited access fishery 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 ocean perch allocated to catcher processors participating in the rockfish limited access fishery in the Central Regulatory Area of the GOA.
Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery
Document Number: E9-17941
Type: Rule
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces new Federal American lobster (Homarus americanus) regulations which implement a mandatory Federal lobster dealer electronic reporting requirement, changes to the maximum carapace length regulations for several lobster conservation management areas (LCMAs/Areas), and a modification of the v-notch definition for protection of egg-bearing female American lobsters in certain LCMAs.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States and Coral and Coral Reefs Fishery in the South Atlantic; Exempted Fishing Permit
Document Number: E9-17923
Type: Notice
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Mr. M. Scott Baker, Jr., on behalf of North Carolina Sea Grant in Wilmington, North Carolina. If granted, the EFP would authorize Mr. Baker to collect, with certain conditions, seven species of reef fish in Federal waters, off the coast of North Carolina, South Carolina, Georgia, and Florida. The specimens will be used to evaluate electronic monitoring as a tool to characterize fishing activities of the commercial snapper-grouper vertical hook-and- line (bandit) fleet, and to help determine the age-size structure of discarded fish caught as bycatch in this fishery.
Marine Fisheries Advisory Committee
Document Number: E9-17939
Type: Notice
Date: 2009-07-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined in the agenda below.
Fisheries Off West Coast States; Highly Migratory Species Fisheries
Document Number: E9-17936
Type: Rule
Date: 2009-07-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule to initiate collection of a permit fee for vessel owners participating in commercial and charter recreational fishing for highly migratory species (HMS) in the Exclusive Economic Zone (EEZ) off the West Coast of California, Oregon, and Washington. The HMS permits are issued under implementing regulations for the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP).
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Closure of the Primary Pacific Whiting Season for the Shore-Based Sector
Document Number: E9-17930
Type: Rule
Date: 2009-07-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the closure of the primary season for the Pacific whiting fishery for the shore-based sector at 10 a.m. local time (l.t.) July 7, 2009. 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.
Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting
Document Number: E9-17849
Type: Notice
Date: 2009-07-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The South Atlantic Fishery Management Council (Council) will hold a meeting of a subgroup of its Golden Crab Advisory Panel (AP) in North Charleston, SC. See SUPPLEMENTARY INFORMATION.
Fisheries of the Exclusive Economic Zone Off Alaska; Pelagic Shelf Rockfish by Vessels Subject to Amendment 80 Sideboard Limits in the Western Regulatory Area of the Gulf of Alaska
Document Number: E9-17841
Type: Rule
Date: 2009-07-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for pelagic shelf rockfish (PSR) by Amendment 80 vessels subject to sideboard limits in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 PSR sideboard limit established for Amendment 80 vessels subject to sideboard limits in the Western Regulatory Area of the GOA.
Marine Mammals; File No. 14097
Document Number: E9-17840
Type: Notice
Date: 2009-07-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that National Marine Fisheries Service, Southwest Fisheries Science Center (SWFSC) (Jeremy Rusin, Principal Investigator), Protected Resources Division, 3333 N. Torrey Pines Ct., La Jolla, CA 92037, has applied in due form for a permit to conduct scientific research on five pinniped species, 57 cetacean species, and five sea turtle species in the Pacific, Southern, Indian, and Arctic Oceans.
Listing Endangered and Threatened Wildlife and Designating Critical Habitat; 90-day Finding for a Petition to Revise Designated Critical Habitat for Elkhorn and Staghorn Corals
Document Number: E9-17838
Type: Proposed Rule
Date: 2009-07-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service (NMFS), announce a 90-day finding for a petition to revise elkhorn (Acropora palmata) and staghorn (A. cervicornis) corals' critical habitat under the Endangered Species Act (ESA) of 1973, as amended. Elkhorn and staghorn corals are listed as threatened throughout their ranges and have designated critical habitat consisting of substrate of suitable quality and availability to support larval settlement and recruitment and the reattachment and recruitment of asexual fragments in water depths shallower than 30 meters in four areas in Florida, Puerto Rico, and the U.S. Virgin Islands. The petition seeks to extend the northern boundary of designated critical habitat in the Florida area to the Lake Worth Inlet, approximately 15.5 miles (24.9 km) north of the current boundary at Boynton Beach Inlet. We find that the petition presents substantial scientific information that the revision may be warranted. We are soliciting information and comments pertaining to this request for revision of critical habitat.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the West Yakutat District of the Gulf of Alaska
Document Number: E9-17835
Type: Rule
Date: 2009-07-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific ocean perch by catcher processors participating in the limited access or opt-out fisheries that are subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Pilot Program (RPP) in the Western Yakutat District of the GOA. This action is necessary to prevent exceeding the 2009 sideboard limits of Pacific ocean perch established for catcher processors participating in the limited access or opt-out fisheries in the Western Regulatory Area of the GOA.
New England Fishery Management Council; Public Meeting
Document Number: E9-17810
Type: Notice
Date: 2009-07-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council's (Council) Herring Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Endangered Species; File No. 10027-02
Document Number: E9-17722
Type: Notice
Date: 2009-07-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Center for Biodiversity and Conservation, American Museum of Natural History has been issued a modification to scientific research Permit No. 10027-01.
Marine Mammals; File No. 14241
Document Number: E9-17721
Type: Notice
Date: 2009-07-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Dr. Peter Tyack, Woods Hole Oceanographic Institution, Woods Hole, MA has been issued a permit to conduct research on marine mammals.
New England Fishery Management Council; Public Meeting
Document Number: E9-17657
Type: Notice
Date: 2009-07-24
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 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.
North Pacific Fishery Management Council; Public Meeting
Document Number: E9-17656
Type: Notice
Date: 2009-07-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council's Rural Community Outreach Committee will meet in Anchorage.
Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting
Document Number: E9-17655
Type: Notice
Date: 2009-07-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The South Atlantic Fishery Management Council will hold a meeting of its Law Enforcement Advisory Panel in North Charleston, SC.
Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting
Document Number: E9-17654
Type: Notice
Date: 2009-07-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The South Atlantic Fishery Management Council will hold a meeting of its Habitat Advisory Panel in North Charleston, SC.
Gulf of Mexico Fishery Management Council; Public Meetings
Document Number: E9-17653
Type: Notice
Date: 2009-07-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council will convene public meetings.
Atlantic Highly Migratory Species; Atlantic Shark Management Measures; Amendment 3
Document Number: E9-17498
Type: Proposed Rule
Date: 2009-07-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the availability of the draft Amendment 3 to the Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP). Amendment 3 examines different management alternatives available to rebuild blacknose sharks consistent with the 2007 small coastal shark (SCS) stock assessment, the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and other applicable law. Amendment 3 also examines management alternatives to end overfishing of blacknose sharks and shortfin mako sharks, consistent with the Magnuson-Stevens Act, and also proposes adding smooth dogfish under NMFS management. The proposed rule to implement Amendment 3 would, among other things, establish a quota for blacknose sharks and non-blacknose SCS, prohibit the use of gillnet gear to catch sharks from South Carolina south, prohibit the retention of blacknose sharks in recreational fisheries, take action at the international level to end overfishing of shortfin mako through participation in appropriate international fisheries organizations, such as International Commission for the Conservation of Atlantic Tunas (ICCAT), promote the live release of shortfin mako sharks, add smooth dogfish under NMFS management, establish a commercial quota for smooth dogfish, require smooth dogfish fishermen to obtain the appropriate Federal permit, and establish a mechanism for specifying Annual Catch Limits (ACLs) and Accountability Measures (AMs) for Atlantic sharks. These changes could affect all fishermen, commercial and recreational, who fish for sharks in the Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Boom Exercise Drills at Point Mugu, California
Document Number: E9-17545
Type: Notice
Date: 2009-07-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS received an application from Naval Base Ventura County (NBVC) Point Mugu for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to boom deployment exercises at Point Mugu, California. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to NBVC Point Mugu to take, by Level B harassment only, one species of marine mammal during the specified activity.
Marine Mammals; File No. 14341
Document Number: E9-17543
Type: Notice
Date: 2009-07-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Karen Terio, DVM, PhD, Zoological Pathology Program, College of Veterinary Medicine, University of Illinois, LUMC Room 0745, Building 101, 2160 South First Street, Maywood, IL 60153, has been issued a scientific research permit to import marine mammal specimens for scientific research.
Atlantic Coastal Fisheries Cooperative Management Act Provisions; Application for Exempted Fishing Permit; Horseshoe Crabs
Document Number: E9-17540
Type: Notice
Date: 2009-07-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the Director, Office of Sustainable Fisheries (Director), has made a preliminary determination that the subject exempted fishing permit (EFP) application submitted by Limuli Laboratories of Cape May Court House, New Jersey, contains all the required information and warrants further consideration. The proposed EFP would allow the harvest of up to 10,000 horseshoe crabs from the Carl N. Shuster Jr. Horseshoe Crab Reserve for biomedical purposes and require, as a condition of the EFP, the collection of data related to the status of horseshoe crabs within the reserve. The Director has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic States Marine Fisheries Commission's (Commission) Horseshoe Crab Interstate Fisheries Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, NMFS announces that the Director proposes to recommend that an EFP be issued that would allow up to 3 commercial fishing vessels to conduct fishing operations that are otherwise restricted by the regulations promulgated under the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act). The EFP would allow for an exemption from the Carl N. Shuster Jr. Horseshoe Crab Reserve (Reserve).
Western Pacific Fishery Management Council; Partially Closed Meeting
Document Number: E9-17511
Type: Notice
Date: 2009-07-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Western Pacific Fishery Management Council (Council) will hold a meeting of its Sea Turtle Advisory Committee (STAC) in Honolulu, HI. A portion of the meeting will be closed to the public.
Endangered and Threatened Species; Recovery Plans
Document Number: E9-17284
Type: Notice
Date: 2009-07-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service (NMFS) announces that the Draft Southern California Steelhead Recovery Plan (Plan) is
New England Fishery Management Council; Public Meeting
Document Number: E9-17300
Type: Notice
Date: 2009-07-22
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 (Committee), in August, 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.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Limited Access General Category Scallop Fishery to Individual Fishing Quota Scallop Vessels
Document Number: E9-17282
Type: Rule
Date: 2009-07-21
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the Limited Access General Category (LAGC) Scallop Fishery will close to individual fishing quota (IFQ) scallop vessels (including vessels issued an IFQ letter of authorization (LOA) to fish under appeal), until it re-opens on September 1, 2009, under current regulations. This action is based on the determination that the second quarter scallop total allowable catch (TAC) for LAGC IFQ scallop vessels is projected to be landed. This action is being taken to prevent IFQ scallop vessels from exceeding the 2009 second 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.
Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Gulf of Alaska
Document Number: E9-17279
Type: Rule
Date: 2009-07-21
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is opening directed fishing for northern rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA) for 96 hours. This action is necessary to fully use the 2009 total allowable catch (TAC) of northern rockfish in the Western Regulatory Area of the GOA.
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Harbor Porpoise Take Reduction Plan Regulations
Document Number: E9-17190
Type: Proposed Rule
Date: 2009-07-21
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service (NMFS) proposes to amend the regulations implementing the Harbor Porpoise Take Reduction Plan
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Port of Anchorage Marine Terminal Redevelopment Project, Anchorage, Alaska
Document Number: E9-17185
Type: Rule
Date: 2009-07-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS, upon application from the Port of Anchorage (POA) and the U.S. Department of Transportation Maritime Administration (MARAD), has issued regulations to govern the unintentional taking of marine mammals, by harassment, incidental to Phase II of the POA's Marine Terminal Redevelopment Project (MTRP) for the period July 2009 through July 2014. These regulations, which allow for the issuance of annual ``Letters of Authorization'' (LOAs) for the incidental take of marine mammals during the described activities and specified time frames, prescribe the permissible methods of taking and other means of effecting the least adverse impact practicable on marine mammal species and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.
Availability of Seats for the Monterey Bay National Marine Sanctuary Advisory Council
Document Number: E9-17162
Type: Notice
Date: 2009-07-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The ONMS is seeking applications for the following vacant seats on the Monterey Bay National Marine Sanctuary Advisory Council: Education. 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 should expect to serve until February 2011.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Closure
Document Number: E9-17186
Type: Rule
Date: 2009-07-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific sardine off the coast of Washington, Oregon and California. This action is necessary because the directed harvest allocation total for the second seasonal period (July 1-September 14) is projected to be reached by the effective date of the rule. From the effective date of this rule until September 15, 2009, Pacific sardine can only be harvested as part of the live bait fishery or incidental to other fisheries; the incidental harvest of Pacific sardine is limited to 20-percent by weight of all fish per trip. Fishing vessels must be at shore and in the process of offloading at 12:01 am Pacific Daylight Time on date of closure.
Fisheries of the Exclusive Economic Zone Off Alaska; Revision of Single Geographic Location Requirement in the Bering Sea Subarea; Amendments 62/62
Document Number: E9-17088
Type: Rule
Date: 2009-07-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule to increase the number of times per year that a stationary floating processor (SFP) that is qualified under the American Fisheries Act (AFA) may move within State of Alaska waters in the Bering Sea (BS) subarea to process pollock harvested in the BS subarea directed pollock fishery. This action also requires AFA SFPs to process all Gulf of Alaska (GOA) pollock and GOA Pacific cod where they processed these species in 2002. This action is necessary to increase operational flexibility for AFA SFPs that process pollock caught in the BS subarea directed fishery while continuing to limit the competitive advantage of AFA SFPs in the GOA pollock and GOA Pacific cod fisheries. This final rule also is notification to the public of the approval of Amendment 62 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and the approval of Amendment 62 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP). Amendments 62/62 revise the BSAI FMP description of the Catcher Vessel Operational Area and remove the obsolete sunset date for inshore/offshore sector allocations of pollock and Pacific cod in the GOA FMP. These actions are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the GOA FMP, the BSAI FMP, and other applicable laws.