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

On November 24, 2009, we, NMFS, announced an extension of the public comment period for the Draft Central Valley Salmon and Steelhead

This final rule removes the annual limit on the number of fishing gear deployments (sets) for the Hawaii-based pelagic shallow- set longline fishery, and increases the annual number of allowable incidental interactions that occur between the fishery and loggerhead sea turtles. The final rule optimizes yield from the fishery without jeopardizing the continued existence of sea turtles and other protected resources. This final rule also makes several administrative clarifications to the regulations.

NMFS closes the commercial fishery for black sea bass in the portion of the exclusive economic zone (EEZ) of the South Atlantic through 35[deg] 15.19' N. lat., the latitude of Cape Hatteras Light, North Carolina. NMFS has determined that the quota for the commercial fishery for black sea bass will have been reached by December 20, 2009. This closure is necessary to protect the black sea bass resource.

NMFS announces that fish quotas and an effort allocation are available for harvest by U.S. fishermen in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area. This action is necessary to make available to U.S. fishermen a fishing privilege on an equitable basis.

NMFS announces free Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops to be held in January, February, and March of 2010. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and have also been issued shark or swordfish limited access permits. Additional free workshops will be held in 2010 and announced in the Federal Register.

NMFS issues regulations under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act) to establish a catch limit for bigeye tuna (Thunnus obesus) in the U.S. pelagic longline fisheries in the western and central Pacific Ocean for each of the years 2009, 2010, and 2011. Once the limit of 3,763 metric tons (mt) is reached in any of those years, retaining, transshipping, or landing bigeye tuna caught in the western and central Pacific Ocean will be prohibited for the remainder of the year, with certain exceptions. The limit will not apply to the longline fisheries of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands (CNMI). 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.

NMFS announces the closure of the scup commercial coastwide fishery from Maine through North Carolina for the remainder of the Winter II Period. Regulations governing the scup fishery require publication of this notification to advise the coastal states from Maine through North Carolina that this quota has been harvested and to advise Federal vessel permit holders and Federal dealer permit holders that no commercial quota is available for landing scup in these states. Federally permitted commercial vessels may not land scup in these states for the remainder of the 2009 Winter II quota period.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Rhode Island Coastal Resources Management Program. The Coastal Zone Management Program evaluation will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended (CZMA) and regulations at 15 CFR Part 923, Subpart L. The CZMA requires continuing review of the performance of States with respect to coastal program implementation. Evaluation of a Coastal Management Program requires findings concerning the extent to which a State has met the national objectives, adhered to its Coastal Management Program document approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. Each evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, State, and local agencies and members of the public. A public meeting will be held as part of the site visit. When the evaluation is completed, OCRM will place a notice in the Federal Register announcing the availability of the Final Evaluation Findings. Notice is hereby given of the date of the site visit for the listed evaluation, and the date, local time, and location of the public meeting during the site visit. Dates and Times: The Rhode Island Coastal Resources Management Program evaluation site visit will be held January 25-29, 2010. One public meeting will be held during the week. The public meeting will be held on Wednesday, January 27, 2010, at 6 p.m. at the Rhode Island Department of Administration, Conference Room A, One Capitol Hill, Providence, Rhode Island.

SNMFS has received an application from the California Department of Transportation (Caltrans) for an Incidental Harassment Authorization (IHA) to take marine mammals, by Level B harassment, incidental to retrofitting the Dumbarton Bridge, located in southern San Francisco Bay (Bay), California. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to Caltrans to incidentally harass harbor seals (Phoca vitulina richardii), California sea lions (Zalophus californianus), and gray whales (Eschrichtius robustus) during the specified activity.

Notice is hereby given that Sea World, Inc., 9205 South Park Circle, Suite 400, Orlando, FL 32819, has applied in due form for a permit to import one pilot whale (Globicephala macrorhynchus) for the purposes of public display.

NMFS proposes 2010 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery to set BFT quotas for each of the established domestic fishing categories. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS solicits written comments and will hold public hearings to receive oral comments on these proposed actions.

We, the National Marine Fisheries Service (NMFS), propose to designate critical habitat for the Cook Inlet beluga whale (Delphinapterus leucas) distinct population segment under the Endangered Species Act (ESA). Two areas are proposed, comprising 7,809 square kilometers (3,016 square miles) of marine habitat. We solicit comments from the public on all aspects of the proposal.

This action corrects column headings of a regulatory table; provides replacements for outdated text; reinstates a paragraph which describes the Chiniak Gully Research Area; corrects footnotes and other errors in two tables; and corrects two maps. These errors should be corrected immediately to eliminate potential confusion by the regulated public. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act and other applicable law.

Notice is hereby given that Commonwealth of the Northern Mariana Islands, USA (CNMI), Division of Fish and Wildlife, [Sylvan Igisomar, responsible official] P.O. Box 10007, Saipan, Mariana Islands 96950 has been issued a modification to scientific research Permit No. 1556-01.

The National Environmental Satellite, Data, and Information Service (NESDIS) publishes this notice to provide the general public with a consolidated source of program and application information related to a single competitive cooperative agreement award offering. NOAA is accepting applications for a CI to Support Satellite Meteorology. Applicants should review the CI Interim Handbook prior to preparing a proposal for this announcement (https://www.nrc.noaa.gov/ ci).

NMFS announces that the Atlantic bluefish commercial quota available to New Jersey has been harvested. Vessels issued a commercial Federal fisheries permit for the Atlantic bluefish fishery may not land bluefish in New Jersey for the remainder of calendar year 2009, unless additional quota becomes available through a transfer. Regulations governing the Atlantic bluefish fishery require publication of this notification to advise New Jersey that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing bluefish in New Jersey.

NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Western Regulatory Area of the GOA.

The Hydrographic Services Review Panel (HSRP), a Federal Advisory Committee, will be holding a public meeting via teleconference on December 16, 2009. The purpose of the meeting is to discuss and vote on proposed revisions to an updated version of the Hydrographic Services Review Panel Federal Advisory Committee Special Report 2007, ``HSRP Most Wanted Hydrographic Services Improvements.''

NMFS announces a workshop to solicit feedback from owners and operators of longline catcher/processors (freezer longliners) engaged in the Pacific cod fisheries off Alaska. We are interested in feedback concerning improved catch accounting measures, specifically the feasibility of using motion-compensated scales for determining the weight of cod brought onboard; as well as other issues associated with improved estimation of Pacific cod catch and associated bycatch. The workshop is open to the public, but NMFS is particularly seeking participation by people who are knowledgeable about the operations of cod freezer longliners.

Notice is hereby given that Douglas Nowacek, Ph.D., Duke University Marine Lab, Beaufort, NC 28516, has applied in due form for a permit to conduct scientific research North Atlantic right whales (Eubalaena glacialis).

The Gulf of Mexico Fishery Management Council will convene a meeting of the Reef Fish Limited Access Privilege Program Advisory Panel.

The Mid-Atlantic Fishery Management Council (Council), its Surfclam / Ocean Quahog / Tilefish Committee; its Dogfish Committee; its Squid, Mackerel, Butterfish Committee; its Demersal and Coastal Migratory Committee; its Monkfish Committee; and, its Executive Committee will hold public meetings.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, regulations, NMFS has received an application from PRBO Conservation Science (PRBO) for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by incidental harassment, while conducting proposed seabird and pinniped research activities on Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National Seashore in central California. Pursuant to the MMPA, NMFS requests comments on its proposal to authorize PRBO to incidentally take, by Level B harassment only, small numbers of marine mammals, at Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National Seashore for one year. Since the proposed activities would occur in the vicinity of pinniped haul out sites, marine mammals could be disturbed as a result of seabird research and human presence; therefore, PRBO has requested an IHA.

NMFS announces its intent to issue Exempted Fishing Permits (EFPs), Scientific Research Permits (SRPs), Display Permits, Letters of Acknowledgment (LOAs), and Chartering Permits for the collection of Atlantic Highly Migratory Species (HMS) in 2010. In general, EFPs and related permits would authorize collection of a limited number of tunas, swordfish, billfishes, and sharks from Federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific data collection and public display. Chartering permits allow the collection of HMS on the high seas or in the Exclusive Economic Zone of other nations. Generally, these permits will be valid from the date of issuance through December 31, 2010, unless otherwise specified, subject to the terms and conditions of individual permits.

The South Atlantic Fishery Management Council (Council) will hold meetings of its Scientific and Statistical Committee (SSC), Spiny Lobster Committee, Law Enforcement Committee, a joint meeting of its Executive and Finance Committees, Protected Resources Committee, Ecosystem-Based Management Committee, Personnel Committee (Closed Session), Dolphin/Wahoo Committee, Mackerel Committee, Snapper Grouper Committee, and a meeting of the full Council. The Council will hold an informal public question and answer session with the NMFS Regional Administrator and Council Chairman as well as open public comment periods relative to agenda items. See SUPPLEMENTARY INFORMATION for additional details.