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

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Committee in September, 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.

Notice is hereby given of a meeting of the Marine Protected Areas Federal Advisory Committee (Committee) in Anchorage. Alaska.

The National Marine Fisheries Service (NMFS) announces a status review of the humpback whale (Megaptera novaeangliae) under the Endangered Species Act of 1973 (ESA). A status review is a periodic undertaking conducted to ensure that the listing classification of a species is accurate. A status review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information on the all humpback whale populations in all waters worldwide that has become available since the last humpback whale status review in 1999. Based on the results of this review, we will make the requisite findings under the ESA.

NMFS is notifying the owners and operators of registered vessels of their assignments for the 2009 B 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 harvest of the 2009 B season HLA limits established for area 542 and area 543 pursuant to the final 2009 and 2010 harvest specifications for groundfish in the BSAI.

The Pacific Fishery Management Council's (Council) Model Evaluation Workgroup (MEW) will hold a work session to review work products individual members have been developing prior to submission to the 2009 salmon methodology review process. The meeting is open to the public.

The Caribbean Fishery Management Council (Council) and its Administrative Committee will hold meetings.

In order to provide additional opportunities for the public, all five Atlantic Regional Fishery Management Councils, the Atlantic and Gulf States Marine Fisheries Commissions, and other interested parties to comment on the proposed rule for draft Amendment 3 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP), NMFS is extending the comment period for this action. On July 24, 2009, NMFS published the proposed rule for draft Amendment 3 to the 2006 Consolidated HMS FMP. In that proposed rule, the end of the comment period was announced as September 22, 2009, which would allow for a 60-day comment period on the proposed rule. NMFS is now extending the comment period until September 25, 2009 to accommodate two public hearings scheduled on September 22, 2009, and the New England Fishery Management Council meeting September 22 24, 2009. Comments received by NMFS on the proposed rule will help NMFS determine final management measures for small coastal sharks, shortfin mako sharks, and smooth dogfish as described in draft Amendment 3 to the Consolidated HMS FMP.

Notice is hereby given that The Mirage Casino-Hotel, 3400 Las Vegas Blvd. South, Las Vegas, Nevada 89109 [David Blasko, Responsible Party] has been issued a permit to import two bottlenose dolphins (Tursiops truncatus) for public display.

NMFS proposes regulations to revise the criteria for rural residents to participate in the subsistence fishery for Pacific halibut in waters in and off Alaska. Currently, certain rural residents who reside in locations outside the legal boundaries of specified communities are prohibited by regulations from participating in the subsistence halibut fishery. This action is necessary to allow subsistence halibut fishing opportunities for these rural residents. This action is intended to allow inadvertently excluded rural residents to participate in the subsistence halibut fishery and to support the conservation and management provisions of the Northern Pacific Halibut Act of 1982.

The New England Fishery Management Council's (NEFMC) Scientific and Statistical Committee (SSC) will host an Ecosystem Based Fisheries Management (EBFM) Workshop for Council members and staff, Plan Development Team members, interested parties and members of the public. The intent of this meeting is to develop a ``blueprint'' that would inform the Council's efforts to develop an EBFM approach or plan for NEFMC-managed species.

The New England and Mid-Atlantic Fishery Management Councils (Councils) announce their 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

This proposed rule would adjust the North and South Atlantic swordfish quotas for the 2009 fishing year (January 1, 2009, through December 31, 2009) to account for underharvests, and to transfer 18.8 metric tons (mt) dressed weight (dw) to Canada per the 2006 and 2008 International Commission for the Conservation of Atlantic Tunas (ICCAT) recommendations 06-03 and 08-02. In addition, NMFS proposes to include minor regulatory modifications and clarifications, eliminate an existing sunset provision in the Madison-Swanson and Steamboat Lumps time/area closure, and establish a small time/area closure in the Gulf of Mexico called the ``Edges 40 Fathom Contour.'' These changes could impact fishermen with a commercial swordfish, HMS Angling, or Charter/ Headboat (CHB) permit who fish for Atlantic swordfish.

NMFS is prohibiting retention of ``other rockfish'' in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2009 total allowable catch (TAC) of ``other rockfish'' in the Western Regulatory Area of the GOA has been reached.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

Notice is hereby given that National Marine Fisheries Service Southwest Fisheries Science Center has been issued a modification to scientific research Permit No. 1596-01.

NMFS is prohibiting directed fishing for Pacific ocean perch in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of Pacific ocean perch in the West Yakutat District of the GOA.

Two meetings will be held to review a new assessment for petrale sole and develop control rules for specifying scientific uncertainty buffers in acceptable biological catch (ABC) specifications for groundfish and coastal pelagic species (CPS). The first meeting will be attended by the Groundfish Subcommittee of the Pacific Fishery Management Council's Scientific and Statistical Committee (SSC) to review a new assessment for petrale sole. Further, the SSC Groundfish Subcommittee will consider the scientific basis for considering estimated or alternative proxy target biomass levels or fishing mortality rates for petrale sole and other west coast flatfish stocks. The second meeting will be attended by the Groundfish and CPS Subcommittees of the SSC to develop new control rules for deciding scientific uncertainty buffers for groundfish and CPS species compliant with new National Standard 1 guidelines. Both meetings are work sessions which are open to the public.

The South Atlantic Fishery Management Council will hold a meeting of its King and Spanish Mackerel (Mackerel) Advisory Panel in North Charleston, SC. See SUPPLEMENTARY INFORMATION.

The ONMS is seeking applications for the following vacant seats on the Florida Keys National Marine Sanctuary Advisory Council: Citizen at LargeLower Keys (member), Citizen at LargeLower Keys (alternate), Citizen at LargeMiddle Keys (member), Conservation and Environment [1 of 2] (member), Conservation and Environment [2 of 2] (member), Conservation and Environment [2 of 2] (alternate), Diving Lower Keys (member), DivingLower Keys (alternate), Education and Outreach (member), Education and Outreach (alternate), FishingCharter Fishing Flats Guide (member), FishingCharter Fishing Flats Guide (alternate), FishingCommercialShell/Scale (member), Fishing CommercialShell/Scale (alternate), South Florida Ecosystem Restoration (alternate), Submerged Cultural Resources (member), Submerged Cultural Resources (alternate), TourismUpper Keys (member) and Tourism Upper 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.