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

Taking and Importing of Marine Mammals
Document Number: E9-19470
Type: Notice
Date: 2009-08-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Assistant Administrator for Fisheries, NMFS (Assistant Administrator), has renewed the affirmative findings for the Government of Ecuador, the Government of El Salvador, the Government of Mexico and the Government of Spain under the Marine Mammal Protection Act (MMPA). These affirmative findings will allow yellowfin tuna harvested in the eastern tropical Pacific Ocean (ETP) in compliance with the International Dolphin Conservation Program (IDCP) by Ecuadorian-flag, El Salvadorian-flag, Mexican-flag or Spanish-flag purse seine vessels or purse seine vessels operating under Ecuadorian, El Salvadorian, Mexican, or Spanish jurisdiction to be imported into the United States. These affirmative findings were based on review of documentary evidence submitted separately by the Governments of Ecuador, El Salvador, Mexico, and Spain and obtained from the Inter-American Tropical Tuna Commission (IATTC) and the U.S. Department of State.
New England Fishery Management Council; Public Meeting
Document Number: E9-19377
Type: Notice
Date: 2009-08-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Deadline Extension for Applications for Seat on the Monterey Bay National Marine Sanctuary Advisory Council
Document Number: E9-19288
Type: Notice
Date: 2009-08-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The ONMS is extending the deadline for applications for the following vacant seat 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.
Marine Protected Areas Federal Advisory Committee; Public Meeting
Document Number: E9-19286
Type: Notice
Date: 2009-08-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration (noaa), National Oceanic and Atmospheric Administration
Notice is hereby given of a meeting of the Marine Protected Areas Federal Advisory Committee (Committee) in Anchorage. Alaska.
National Estuarine Research Reserve System
Document Number: E9-19284
Type: Notice
Date: 2009-08-13
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 Jacques Cousteau National Estuarine Research Reserve Management Plan Revision.
Endangered and Threatened Species; Initiation of a Status Review for the Humpback Whale and Request for Information
Document Number: E9-19336
Type: Notice
Date: 2009-08-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Taking and Importing Marine Mammals; Navy Training Activities Conducted within the Northwest Training Range Complex
Document Number: E9-19334
Type: Proposed Rule
Date: 2009-08-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On July 13, 2009, the NMFS published its proposed regulations to govern the take marine mammals incidental to training activities conducted within the U.S. Navy's Northwest Training Range Complex (NWTRC) for the period of February 2010 through February 2015. The Federal Register notice indicated written comments were due by August 12, 2009, allowing 30 days for public input. In response to a request from a public interest organization, NMFS is extending the public comment period by 7 days, to August 19, 2009.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel Lottery in Areas 542 and 543
Document Number: E9-19331
Type: Rule
Date: 2009-08-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Marine Mammals; File No. 1054-1731
Document Number: E9-19292
Type: Notice
Date: 2009-08-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the University of Florida, Aquatic Animal Program, College of Veterinary Medicine, 2015 SW 16th Avenue, Gainesville, FL 32610 [Dr. Ruth Francis-Floyd, Responsible Party] has been issued an amendment to scientific research Permit No. 1054-1731.
Pacific Fishery Management Council; Public Meeting
Document Number: E9-19153
Type: Notice
Date: 2009-08-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Caribbean Fishery Management Council; Public Meeting
Document Number: E9-19152
Type: Notice
Date: 2009-08-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Caribbean Fishery Management Council's (CFMC) Scientific and Statistical Committee (SSC) will hold a meeting.
Caribbean Fishery Management Council; Public Meetings
Document Number: E9-19151
Type: Notice
Date: 2009-08-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Caribbean Fishery Management Council (Council) and its Administrative Committee will hold meetings.
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Harbor Porpoise Take Reduction Plan Regulations
Document Number: Z9-17190
Type: Proposed Rule
Date: 2009-08-10
Agency: Department of Commerce, National Oceanic and Atmospheric Adminsitration, National Oceanic and Atmospheric Administration
Atlantic Highly Migratory Species; Atlantic Shark Management Measures; Amendment 3
Document Number: E9-19095
Type: Proposed Rule
Date: 2009-08-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Endangered and Threatened Species; Designation of Critical Habitat for Atlantic Salmon (Salmo salar) Gulf of Maine Distinct Population Segment; Final Rule
Document Number: E9-19094
Type: Rule
Date: 2009-08-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service (NMFS), issue a final rule to revise the regulatory language that appeared in a final rule that published in the Federal Register of June 19, 2009. The final rule designated critical habitat for the Atlantic salmon (USalmo salar) Gulf of Maine Distinct Population Segment (GOM DPS) under the Endangered Species Act (ESA). We designated 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. We excluded approximately 1,256 km of river, stream, and estuary habitat and 100 square km of lake habitat from critical habitat pursuant to the ESA. We issue this final rule to revise the designated critical habitat for the expanded GOM DPS of Atlantic salmon to exclude all trust and fee holdings of the Penobscot Indian Nation, and we correct the table to add an ``E'' to indicate that Belfast Bay is excluded from critical habitat under the ESA for reasons of economics.
Marine Mammals; File No. 14497
Document Number: E9-19085
Type: Notice
Date: 2009-08-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Gulf of Mexico Fishery Management Council; Public Meetings
Document Number: E9-19043
Type: Notice
Date: 2009-08-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council (Council) will convene the SEDAR Red Snapper Update Workshop (SEDAR).
Pacific Halibut Fisheries; Subsistence Fishing
Document Number: E9-18841
Type: Proposed Rule
Date: 2009-08-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Total Allowable Catch (TAC) Harvested for Loligo Squid Trimester II
Document Number: E9-18838
Type: Rule
Date: 2009-08-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that, effective 0001 hours, August 6, 2009, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 2,500 lb of Loligo squid per trip at any time, and may only land Loligo once on any calendar day until September 1, 2009, when the Trimester III quota becomes available. This action is based on the determination that 90 percent of the Trimester II Loligo squid quota is projected to be harvested by August 6, 2009. Regulations governing the Loligo squid fishery require publication of this notification to advise vessel and dealer permit holders that no TAC is available for the directed fishery for Loligo squid harvested for the duration of Trimester II.
New England Fishery Management Council; Public Meeting
Document Number: E9-18745
Type: Notice
Date: 2009-08-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Gulf of Mexico Fishery Management Council; Public Meetings
Document Number: E9-18744
Type: Notice
Date: 2009-08-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council (Council) will convene the SEDAR Red Snapper Update Workshop (SEDAR).
Mid-Atlantic Fishery Management Council; Spiny Dogfish Amendment 3 Scoping Process
Document Number: E9-18751
Type: Notice
Date: 2009-08-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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
Atlantic Highly Migratory Species; Meeting of the Atlantic Highly Migratory Species Advisory Panel
Document Number: E9-18749
Type: Notice
Date: 2009-08-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS will hold a 3-day Atlantic Highly Migratory Species (HMS) Advisory Panel (AP) meeting in September 2009. The intent of the meeting is to consider options for the conservation and management of Atlantic HMS. The meeting is open to the public.
Atlantic Highly Migratory Species; North and South Atlantic Swordfish Quotas
Document Number: E9-18748
Type: Proposed Rule
Date: 2009-08-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Western Regulatory Area of the Gulf of Alaska
Document Number: E9-18705
Type: Rule
Date: 2009-08-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting retention of Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2009 total allowable catch (TAC) of Pacific ocean perch in the Western Regulatory Area of the GOA has been reached.
Fisheries of the Exclusive Economic Zone Off Alaska; Other Rockfish in the Western Regulatory Area of the Gulf of Alaska
Document Number: E9-18703
Type: Rule
Date: 2009-08-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Proposed Information Collection; Comment Request; Subsistence Fishery for Pacific Halibut in Waters Off Alaska: Registration and Marking of Gear
Document Number: E9-18672
Type: Notice
Date: 2009-08-05
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.
Proposed Information Collection; Comment Request; Information for Share Transfer in the Wreckfish Fishery
Document Number: E9-18671
Type: Notice
Date: 2009-08-05
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.
Proposed Information Collection; Comment Request; Southeast Region Dealer and Interview Family of Forms
Document Number: E9-18670
Type: Notice
Date: 2009-08-05
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.
Endangered Species; File No. 1596-02
Document Number: E9-18585
Type: Notice
Date: 2009-08-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Restrictions and Observer Requirements in Purse Seine Fisheries for 2009-2011 and Turtle Mitigation Requirements in Purse Seine Fisheries
Document Number: E9-18583
Type: Rule
Date: 2009-08-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues regulations under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act) to implement certain decisions of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC). Those decisions require that the members of the WCPFC, including the United States, take certain measures with respect to their purse seine fisheries in the area of competence of the WCPFC, which includes most of the western and central Pacific Ocean (WCPO). The regulations include limits on the number of days that may be fished, periods during which fishing may not be done on schools in association with fish aggregating devices (FADs), areas of high seas closed to fishing, requirements to retain tuna on board up to the first point of landing or transshipment, requirements to carry observers, and requirements to handle sea turtles in a specified manner. This action is necessary for the United States to satisfy its international obligations under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the West Yakutat District of the Gulf of Alaska
Document Number: E9-18582
Type: Rule
Date: 2009-08-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting
Document Number: E9-18505
Type: Notice
Date: 2009-08-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The South Atlantic Fishery Management Council (Council) will hold a meeting of its Coral Advisory Panel in North Charleston, SC. See SUPPLEMENTARY INFORMATION.
Pacific Fishery Management Council; Public Meetings
Document Number: E9-18433
Type: Notice
Date: 2009-08-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting
Document Number: E9-18412
Type: Notice
Date: 2009-08-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The South Atlantic Fishery Management Council will hold a meeting of its Dolphin Wahoo Advisory Panel in North Charleston, SC. See SUPPLEMENTARY INFORMATION.
Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting
Document Number: E9-18410
Type: Notice
Date: 2009-08-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Gulf of Mexico Fishery Management Council; Public Meeting
Document Number: E9-18403
Type: Notice
Date: 2009-08-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council will convene a meeting of the ABC Control Rule Workgroup.
Availability of Seats for the Florida Keys National Marine Sanctuary Advisory Council
Document Number: E9-17845
Type: Notice
Date: 2009-08-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The ONMS is seeking applications for the following vacant seats on the Florida Keys National Marine Sanctuary Advisory Council: Citizen at 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.