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

Marine Mammals; File Nos. 14682, 10018, 13846, 14451, 14585, 14599, 14122, 14296, 14353
Document Number: E9-27185
Type: Notice
Date: 2009-11-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS has received nine applications for permits or permit amendments to conduct research on marine mammals. See SUPPLEMENTARY INFORMATION for additional information regarding applicants and specific information on species affected.
Takes of Marine Mammals Incidental to Specified Activities; Russian River Estuary Management Activities
Document Number: E9-27183
Type: Notice
Date: 2009-11-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received an application from the Sonoma County Water Agency (Agency) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to Russian River Estuary (Estuary) management activities, specifically construction and maintenance of a lagoon outlet channel to improve rearing habitat for listed salmonid species and artificially breaching the barrier beach at the mouth of the river to minimize potential for flooding, as well as conducting a series of biological and physical monitoring activities. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to the Agency to incidentally harass, by Level B Harassment only, a small number of harbor seals (Phoca vitulina richardii), California sea lions (Zalophus califonianus), and northern elephant seals (Mirounga angustirostris) during the specified activity.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures
Document Number: E9-26847
Type: Proposed Rule
Date: 2009-11-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes 2010 specifications and management measures for Atlantic mackerel, squid, and butterfish (MSB). This action proposes to maintain quotas for Atlantic mackerel (mackerel), Illex squid (Illex), Loligo squid (Loligo), and butterfish at the same levels as 2009. This action also proposes to modify accounting procedures for underages of Trimester 1 quotas in the Loligo fishery so that Trimester 1 quota underages that are greater than 25% of the Trimester 1 quota would be allocated equally to Trimesters 2 and 3, and underages that are less than 25% of the Trimester 1 quota would be allocated to Trimester 3. Additionally, this action proposes to increase the minimum mesh size requirement for codend covers in the Loligo fishery from 4.5 inches to 5 inches. These proposed specifications and management measures promote the utilization and conservation of the MSB resource.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Central Regulatory Area of the Gulf of Alaska
Document Number: E9-27042
Type: Rule
Date: 2009-11-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting retention of Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). NMFS is requiring that catch of Pacific cod in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury.
Proposed Information Collection; Comment Request; Southeast Region Logbook Family of Forms
Document Number: E9-26955
Type: Notice
Date: 2009-11-10
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.
Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #4, #5, #6, and #7
Document Number: E9-26846
Type: Rule
Date: 2009-11-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NOAA Fisheries announces four inseason actions in the ocean salmon fisheries. Inseason actions 4, 6, and 7 modified the recreational fishery in the area from the U.S./ Canada Border to Cape Falcon, Oregon. Inseason action 5 modified the commercial fishery in the area from the U.S./Canada Border to Cape Falcon, Oregon.
Endangered and Threatened Wildlife and Plants; Endangered Species Act Listing Determination for Atlantic Wolffish
Document Number: E9-26573
Type: Proposed Rule
Date: 2009-11-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
After we, NMFS, received a petition to list Atlantic wolffish (Anarhichas lupus) as threatened or endangered under the Endangered Species Act (ESA), we established a biological review team (BRT) to conduct a status review. We (NMFS) have reviewed the BRT's status review report and other available scientific and commercial information and have determined that listing Atlantic wolffish as threatened or endangered under the ESA is not warranted at this time. We also announce the availability of the status review document.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 Commercial Harvest of Gulf of Mexico Greater Amberjack
Document Number: E9-26699
Type: Rule
Date: 2009-11-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS closes commercial harvest of greater amberjack in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). NMFS has determined that the commercial greater amberjack quota will have been reached by November 7, 2009. This closure is necessary to prevent overfishing of Gulf greater amberjack.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels 60 ft (18.3 m) LOA and Longer Using Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area
Document Number: E9-26696
Type: Rule
Date: 2009-11-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels greater than or equal to 60 ft ([gteqt]18.3 meters (m)) length overall (LOA) using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2009 Pacific cod total allowable catch (TAC) allocated to catcher vessels [gteqt]60 ft (18.3 m) LOA using hook-and- line gear in the BSAI.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific cod in the Bering Sea and Aleutian Islands Management Area
Document Number: E9-26584
Type: Rule
Date: 2009-11-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is reallocating projected unused amounts of Pacific cod from catcher vessels using trawl gear, catcher vessels using pot gear, catcher vessels using hook and line gear, and vessels using jig to catcher/processors using pot gear and catcher/processors using hook- and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). These actions are necessary to allow the 2009 total allowable catch (TAC) of Pacific cod to be harvested.
Proposed Information Collection; Comment Request; Southwest Region Permit Family of Forms
Document Number: E9-26560
Type: Notice
Date: 2009-11-05
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.
National Estuarine Research Reserve System
Document Number: E9-26587
Type: Notice
Date: 2009-11-04
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.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Season and Retention Limit Adjustments
Document Number: E9-26575
Type: Proposed Rule
Date: 2009-11-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to adjust the Atlantic bluefin tuna (BFT) fishery regulations to increase the General category maximum daily retention limit, allow the General category season to remain open until the January subquota is reached, and increase the Harpoon category daily incidental retention limit. The intent of this proposed rule is to enable more thorough utilization of the available U.S. BFT quota, while ending BFT overfishing, rebuilding the BFT stock by 2019, and minimizing bycatch and bycatch mortality to the extent practicable. NMFS solicits written comments and will hold public hearings to receive oral comments on these proposed actions.
Pacific Halibut Fisheries; Subsistence Fishing
Document Number: E9-26559
Type: Rule
Date: 2009-11-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule to revise the criteria for rural residents to participate in the subsistence fishery for Pacific halibut in waters in and off Alaska. This action is necessary to allow subsistence halibut fishing opportunities for rural residents who reside in locations outside the legal boundaries of specified communities and who were prohibited from participating in the subsistence halibut fishery by previous regulations. This action is intended to allow these 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; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2010 Summer Flounder, Scup, and Black Sea Bass Specifications; 2010 Research Set-Aside Projects
Document Number: E9-26553
Type: Proposed Rule
Date: 2009-11-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes specifications for the 2010 summer flounder, scup, and black sea bass fisheries and provides notice of three projects that may be requesting Exempted Fishing Permits (EFPs) as part of the Mid-Atlantic Fishery Management Council's (Council) Research Set-Aside (RSA) program. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) require NMFS to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. Furthermore, regulations under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) require a notice to be published to provide interested parties the opportunity to comment on applications for EFPs. The intent of this action is as follows: To establish 2010 harvest levels that assure that the target fishing mortality rates (F) specified for these species in the most recent stock assessment updates are not exceeded; to allow for summer flounder stock rebuilding; and to provide notice of EFP requests, all in accordance with the Magnuson-Stevens Act.
Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; 2009 Management Measures for Petrale Sole
Document Number: E9-26543
Type: Rule
Date: 2009-11-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final rule revises the November-December 2009 management measures for petrale sole taken in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California.
Fisheries of the Exclusive Economic Zone Off Alaska; Central Gulf of Alaska Rockfish Program; Amendment 85
Document Number: E9-26456
Type: Rule
Date: 2009-11-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues regulations implementing Amendment 85 to the Fishery Management Plan for Groundfish of the Gulf of Alaska. These regulations amend the Central Gulf of Alaska Rockfish Program to remove a restriction that prohibits certain catcher/processors from participating in directed groundfish fisheries in the Bering Sea and Aleutian Islands Management Area in July. This action is necessary to improve flexibility and reduce operating costs for catcher/processors that participate in the Central Gulf of Alaska Rockfish Program. This action is intended to promote the goals and objectives of the Magnuson- Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish of the Gulf of Alaska, and other applicable laws.
Fisheries of the United States Exclusive Economic Zone Off Alaska; Fisheries of the Arctic Management Area; Bering Sea Subarea
Document Number: E9-26452
Type: Rule
Date: 2009-11-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule that implements the Fishery Management Plan for Fish Resources of the Arctic Management Area (Arctic FMP) and Amendment 29 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP). The Arctic FMP and Amendment 29 to the Crab FMP establish sustainable management of commercial fishing in the Arctic Management Area and move the northern boundary of the Crab FMP out of the Arctic Management Area south to Bering Strait. This action is necessary to establish a management framework for commercial fishing and to provide consistent management of fish resources in the Arctic Management Area before the potential onset of unregulated commercial fishing in the area. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMPs, and other applicable laws.
Pacific Coast Groundfish Fishery; Intent To Prepare an Environmental Impact Statement for the 2011-2012 Biennial Harvest Specifications and Management Measures
Document Number: E9-26223
Type: Notice
Date: 2009-11-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS and the Pacific Fishery Management Council (Council) announce their intent to prepare an EIS in accordance with the National Environmental Policy Act (NEPA) to analyze the impacts on the human, biological, and physical environment of setting harvest specifications and management measures for 2011 and 2012, pursuant to the Pacific Coast Groundfish Fishery Management Plan.
Fishing Capacity Reduction Program for the Longline Catcher Processor Subsector of the Bering Sea and Aleutian Islands Non-Pollock Groundfish Fishery
Document Number: E9-26306
Type: Notice
Date: 2009-11-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this notice to decrease the fee rate for the non- pollock groundfish fishery to repay the $35,000,000 reduction loan to finance the Non-Pollock groundfish fishing capacity reduction program.
Fisheries of the Northeastern United States; Modification to the Gulf of Maine/Georges Bank Herring Midwater Trawl Gear Letter of Authorization
Document Number: E9-26213
Type: Rule
Date: 2009-11-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS implements modifications to the requirements for midwater trawl vessels issued an All Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access Herring Permit that fish in Northeast (NE) multispecies Closed Area I (CA I). When fishing in CA I, eligible midwater trawl vessels will be required to carry a NMFS-approved observer aboard the vessel and to bring the entire catch aboard, unless specific conditions are met, so that it is available to the observer for sampling. These changes to the Gulf of Maine/Georges Bank (GOM/GB) Herring Midwater Trawl Gear Letter of Authorization (LOA) are effective indefinitely, but may be superseded by monitoring measures currently under development as part of Amendment 5 to the Atlantic Herring Fishery Management Plan (FMP).