National Oceanic and Atmospheric Administration January 2010 – Federal Register Recent Federal Regulation Documents

Mid-Atlantic Fishery Management Council; Public Meeting
Document Number: 2010-646
Type: Notice
Date: 2010-01-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Mid-Atlantic Fishery Management Council's (MAFMC) Scientific and Statistical Committee (SSC) will hold a public meeting.
Western Pacific Fisheries; Regulatory Restructuring
Document Number: E9-30972
Type: Rule
Date: 2010-01-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final rule restructures western Pacific fishery regulations to be consistent with five new area-specific fishery ecosystem plans (FEP). This final rule also amends references to the Paperwork Reduction Act (PRA) information collection requirements to reflect the restructuring. The purpose of this rule is to make the regulations easier for the public to use by organizing existing fishing regulations by geographic location.
Endangered and Threatened Species; Take of Anadromous Fish
Document Number: 2010-581
Type: Notice
Date: 2010-01-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS has issued Permit 14516 to Dr. Jerry Smith to take certain species of California Coho and Steelhead Salmon for scientific research. The research will allow enhanced monitoring and management of these salmonid species..
Notice of Availability of Final Contracting Policy
Document Number: 2010-564
Type: Notice
Date: 2010-01-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The NOAA National Ocean Service is publishing the NOAA Ocean and Coastal Mapping Contracting Policy. This replaces the 2006 NOAA Hydrographic Services Contracting Policy.
Notice of Availability of the Draft Environmental Assessment (Draft EA) for the Urban Stream Research Center Proposed To Be Constructed in Unincorporated Warrenville, IL and Request for Comments
Document Number: 2010-563
Type: Notice
Date: 2010-01-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration's (NOAA's) Office of Response and Restoration is announcing that a document entitled ``Draft Environmental Assessment, Urban Stream Research Center'' is available for public review and comment. In this document, that has been prepared under the requirements of the National Environmental Policy Act (42 USC 4321 et seq.), NOAA presents the proposal to construct an Urban Stream Research Center along the West Branch of the DuPage River in an unincorporated area of Warrenville, Illinois. In the Draft EA, NOAA considers and discloses any potential significant impacts to the quality of the human environment that may arise from the proposed project. The construction of the Urban Stream Research Center is one component ecological enhancement of a portion of the West Branch DuPage River, proposed to be funded in accordance with NOAA Grant Award No. FNA07NOS4630002, DuPage River Restoration. The purpose of this Notice is to inform the public of the availability of the Draft EA and seek public comment on the proposed project.
New England Fishery Management Council; Public Hearings
Document Number: 2010-507
Type: Notice
Date: 2010-01-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) will hold six public hearings to solicit comments on proposals to be included in the Draft Amendment 5 to the Monkfish Fishery Management Plan (FMP).
North Pacific Fishery Management Council; Public Meetings
Document Number: 2010-492
Type: Notice
Date: 2010-01-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council (Council) and its advisory committees will hold public meetings in Portland, OR.
New England Fishery Management Council; Public Meeting
Document Number: 2010-623
Type: Notice
Date: 2010-01-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) will hold a 3-day Council meeting to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
Document Number: 2010-496
Type: Proposed Rule
Date: 2010-01-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes a regulation to implement the annual harvest guideline (HG) and seasonal allocations for Pacific sardine in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of January 1, 2010, through December 31, 2010. This rule is proposed according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The proposed 2010 acceptable biological catch (ABC) or maximum HG is 72,039 mt. 5,000 mt of this 72,039 mt would initially be set aside for use under an Exempted Fishing Permit (EFP), if issued, leaving the remaining 65,732 mt as the initial commercial fishing HG. That HG would be divided across the seasonal allocation periods in the following way: January 1-June 30, 22,463 mt would be allocated for directed harvest with an incidental set-aside of 1,000 mt; July 1-September 14, 25,861 mt would be allocated for directed harvest with an incidental set-aside of 1,000 mt; September 15-December 31, 11,760 mt would be allocated for directed harvest with an incidental set-aside of 1,000 mt with an additional 4,000 mt set aside to buffer against reaching the ABC. This rule is intended to conserve and manage Pacific sardine off the West Coast.
Fisheries of the Exclusive Economic Zone Off Alaska; Chiniak Gully Research Area for Vessels Using Trawl Gear
Document Number: 2010-495
Type: Rule
Date: 2010-01-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is rescinding the trawl closure in the Chiniak Gully Research Area. This action is necessary to allow vessels using trawl gear to participate in directed fishing for groundfish in the Chiniak Gully Research Area.
Gulf of Mexico Fishery Management Council; Public Meetings
Document Number: 2010-468
Type: Notice
Date: 2010-01-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council (Council) will convene public meetings.
Fisheries of the Atlantic; Southeast Data, Assessment, and Review (SEDAR); Atlantic croaker and Atlantic menhaden; Public Meetings
Document Number: 2010-467
Type: Notice
Date: 2010-01-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The SEDAR assessment review of the Atlantic stocks of croaker and menhaden will be conducted at a Review Workshop. This is the twentieth SEDAR. See SUPPLEMENTARY INFORMATION.
North Pacific Fishery Management Council; Public Meeting
Document Number: 2010-401
Type: Notice
Date: 2010-01-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council (Council) Aleutian Islands Fishery Ecosystem Plan Team (AI Ecosystem Team) will meet in Seattle, WA, in the NMML conference room (room 2039), from 9 a.m. to 5 p.m., January 27-28, 2010. The Council's Ecosystem Committee will meet jointly with the AI Ecosystem Team on January 28 from 1 p.m. to 5 p.m.
Pacific Halibut Fisheries; Limited Access for Guided Sport Charter Vessels in Alaska
Document Number: 2010-389
Type: Notice
Date: 2010-01-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS will accept applications from persons applying to receive a charter halibut permit under the Limited Access System for Guided Sport Charter Vessels in Alaska. Potential eligible applicants are notified of the one-time opportunity to apply for a charter halibut permit for the 60-day period from February 4, 2010, through April 5, 2010. Any applications received by NMFS after the ending date will be considered untimely and will be denied.
Western Pacific Crustacean Fisheries; 2010 Northwestern Hawaiian Islands Lobster Harvest Guideline
Document Number: 2010-388
Type: Notice
Date: 2010-01-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the annual harvest guideline for the commercial lobster fishery in the Northwestern Hawaiian Islands (NWHI) for calendar year 2010 is established at zero lobsters.
Endangered and Threatened Species; Designation of Critical Habitat for the Cook Inlet Beluga Whale
Document Number: 2010-384
Type: Proposed Rule
Date: 2010-01-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, are extending the date by which public comments are due concerning the proposed rule to designate critical habitat for the endangered Cook Inlet beluga whale, Delphinapterus leucas, under the Endangered Species Act of 1973, as amended (ESA). We published a proposed rule to designate critical habitat for this species in the Federal Register of December 2, 2009. The original due date for receipt of public comments was scheduled to end on February 1, 2010, and today we extend the public comment period to March 3, 2010.
Proposed Information Collection; Comment Request; Economic Performance in the Commercial Stone Crab and Lobster Fisheries in Florida
Document Number: 2010-292
Type: Notice
Date: 2010-01-12
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 comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Implementation of Regional Fishery Management Organizations' Measures Pertaining to Vessels that Engaged in Illegal, Unregulated, and Unreported Fishing Activities
Document Number: 2010-144
Type: Proposed Rule
Date: 2010-01-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes regulations to implement international conservation and management measures adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT), Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), Northwest Atlantic Fisheries Organization (NAFO), Western and Central Pacific Fisheries Commission (WCPFC), Inter-American Tropical Tuna Commission (IATTC), and the Agreement on the International Dolphin Conservation Program (AIDCP). The measures pertain to vessels that have been identified by these regional fishery management organizations (RFMOs) as having engaged in illegal, unregulated, and unreported (IUU) fishing activities and included on their respective IUU vessel lists. As a party to these RFMOs, the United States is obligated to take certain actions against the listed IUU vessels in a manner consistent with our laws and policies. This proposed rule would clarify the domestic processes by which the United States intends to meet these obligations. Specifically, it would implement obligations to restrict entry into any port or place of the United States and access to port services by vessels on the IUU vessel lists of the aforementioned RFMOs. It would also prohibit the provision by persons and business entities subject to U.S. jurisdiction of certain services to, and commercial transactions with, such vessels. NMFS is seeking public comment on the proposed rule.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Control Date for Loligo
Document Number: 2010-143
Type: Proposed Rule
Date: 2010-01-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces a future proposed rulemaking for the Atlantic mackerel, squid, and butterfish (MSB) fisheries. This rulemaking could institute catch share programs in the Loligo and Illex fisheries to manage future access in these fisheries in order to control capacity. NMFS also reaffirms the most recent control date of May 20, 2003, for the Loligo and Illex fisheries, which may be used for establishing eligibility criteria for determining levels of future access to the squid fisheries. This announcement alerts interested parties of potential eligibility criteria for future access so as to discourage speculative entry into the squid fisheries while the Mid-Atlantic Fishery Management Council (Council) considers if and how access to the squid fisheries should be controlled with catch share programs.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States
Document Number: 2010-142
Type: Rule
Date: 2010-01-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is modifying the Northeast (NE) Region experimental fishing regulations to authorize the NMFS NE Regional Administrator (RA), or the RA's designee, to issue a Letter of Authorization (LOA) to eligible researchers on board federally permitted fishing vessels that plan to temporarily possess fish in a manner not compliant with applicable fishing regulations for the purpose of collecting scientific data on catch.
Marine Mammals; File No. 14486
Document Number: 2010-139
Type: Notice
Date: 2010-01-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the Alaska SeaLife Center (ASLC), 301 Railway Avenue, PO Box 1329, Seward, Alaska 99664-1329 (Dr. Ian Dutton, Responsible Party), has applied in due form for a permit to receive, import, and export marine mammal specimens for scientific research purposes.
International Fisheries Regulations; Fisheries in the Western Pacific; Pelagic Fisheries; Hawaii-based Shallow-set Longline Fishery; Correction
Document Number: 2010-138
Type: Rule
Date: 2010-01-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This document contains a correction to the final regulations that were published in the Federal Register on December 10, 2009, and are effective January 11, 2010. This change ensures that the process is preserved for closing the Hawaii-based shallow-set longline fishery as a result of the fishery reaching interaction limits for sea turtles.
Pacific Fishery Management Council; Public Meeting
Document Number: E9-31428
Type: Notice
Date: 2010-01-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Pacific Fishery Management Council's (Council) Scientific and Statistical Committee, Coastal Pelagic Species Management Team, and Groundfish Management Team will hold a working meeting, which is open to the public.
Pacific Fishery Management Council; Public Meeting
Document Number: E9-31427
Type: Notice
Date: 2010-01-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Pacific Fishery Management Council's (Council) Ad Hoc Salmon Amendment Committee (SAC) will hold a meeting to develop draft alternatives and plan analyses for an amendment to the Pacific Coast
North Pacific Fishery Management Council; Public Meeting
Document Number: E9-31426
Type: Notice
Date: 2010-01-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council's (Council) Observer Advisory Committee (OAC) will meet in Seattle, WA.
Availability of Seats for the Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council
Document Number: E9-31409
Type: Notice
Date: 2010-01-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The ONMS is seeking applications for both primary and alternate members of the following seats on its Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council (council): Native Hawaiians, Fishing, Education, Research, Honolulu County, Hawaii County, Maui County, and Kauai County. 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.
Draft Marine Sanitation Device Discharge Regulations for the Florida Keys National Marine Sanctuary; Public Meetings
Document Number: E9-31407
Type: Proposed Rule
Date: 2010-01-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This notice advises the public that NOAA has scheduled three public meetings to obtain comments on the proposed rule, issued on November 16, 2009 (74 FR 58923), to amend the regulations implementing the Florida Keys National Marine Sanctuary (FKNMS or sanctuary) to eliminate the exemption that allows discharges of biodegradable effluent incidental to vessel use and generated by marine sanitation devices, and to require marine sanitation devices be locked to prevent discharges into the sanctuary.
Nomination of Existing Marine Protected Areas to the National System of Marine Protected Areas
Document Number: E9-31406
Type: Notice
Date: 2010-01-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NOAA and the Department of the Interior (DOI) invited Federal, State, commonwealth, and territorial marine protected areas (MPA) programs with potentially eligible existing MPAs to nominate their sites to the National System of MPAs (national system). The national system and the nomination process are described in the Framework for the National System of Marine Protected Areas of the United States (Framework), developed in response to Executive Order 13158 on Marine Protected Areas. The final Framework was published on November 19, 2008, (73 FR 69608) and provides guidance for collaborative efforts among Federal, State, commonwealth, territorial, Tribal and local governments and stakeholders to develop an effective and well coordinated national system of MPAs that includes existing MPAs meeting national system criteria as well as new sites that may be established by managing agencies to fill key conservation gaps in important ocean areas.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
Document Number: 2010-21
Type: Rule
Date: 2010-01-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to implement the annual harvest guideline (HG) for Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of July 1, 2009, through June 30, 2010. This HG has been determined according to the regulations implementing the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) and establishes allowable harvest levels for Pacific mackerel off the Pacific coast. The total HG for the 2009-2010 fishing year is 10,000 metric tons (mt) and is divided into a directed fishery HG of 8,000 mt and an incidental fishery of 2,000 mt.
Endangered and Threatened Wildlife; Notice of 90-Day Finding on a Petition to List Atlantic Sturgeon as Threatened or Endangered under the Endangered Species Act (ESA)
Document Number: E9-31373
Type: Proposed Rule
Date: 2010-01-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We (NMFS) announce a 90-day finding on a petition to list Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) as endangered, or to list multiple distinct population segments (DPSs) as threatened or endangered and designate critical habitat under the ESA. We find that the petition presents substantial scientific or commercial information indicating that the petitioned actions may be warranted. A status review for Atlantic sturgeon was completed in February 2007, and we are currently preparing a determination on whether listing the species or DPSs of the species as threatened or endangered is warranted. To ensure that the determination considers information that is comprehensive and current, we solicit scientific and commercial information regarding this species.
Fisheries of the Economic Exclusive Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands
Document Number: E9-31372
Type: Rule
Date: 2010-01-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is opening directed fishing for Pacific cod by catcher Pacific cod by catcher/processors using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2009 total allowable catch (TAC) of Pacific cod specified for the BSAI.
Proposed Information Collection; Comment Request; NOAA Teacher at Sea Program
Document Number: E9-31338
Type: Notice
Date: 2010-01-05
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 and Threatened Species: Proposed Rule To Revise the Critical Habitat Designation for the Endangered Leatherback Sea Turtle
Document Number: E9-31310
Type: Proposed Rule
Date: 2010-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service (NMFS), propose revising the current critical habitat for the leatherback sea turtle (Dermochelys coriacea) by designating additional areas within the Pacific Ocean. Specific areas proposed for designation include two adjacent marine areas totaling approximately 46,100 square miles (119,400 square km) stretching along the California coast from Point Arena to Point Vincente; and one 24,500 square mile (63,455 square km) marine area stretching from Cape Flattery, Washington to the Umpqua River (Winchester Bay), Oregon east of a line approximating the 2,000 meter depth contour. The areas proposed for designation comprise approximately 70,600 square miles (182,854 square km) of marine habitat. Other Pacific waters within the U.S. Exclusive Economic Zone (EEZ) were evaluated based on the geographical area occupied by the species, but it was decided to exclude those areas from the critical habitat designation because the potential costs outweighed the benefits of critical habitat designation and exclusion would not result in the extinction of the species. We are soliciting comments from the public on all aspects of the proposal, including information on the economic, national security, and other relevant impacts. We will consider additional information received prior to making a final designation.
FY 2010-FY 2011 Broad Agency Announcement
Document Number: E9-31300
Type: Notice
Date: 2010-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The purpose of this Broad Agency Announcement (BAA) is to request proposals for special projects and programs associated with the Agency's strategic plan and mission goals, as well as to provide the general public with information and guidelines on how NOAA will select proposals and administer discretionary Federal assistance for Fiscal Year 2010, Fiscal Year 2011 and Fiscal Year 2012. This BAA is a mechanism to encourage research, education and outreach, innovative
Endangered and Threatened Wildlife; 90-Day Finding on a Petition to List the Insular Population of Hawaiian False Killer Whales as an Endangered Species
Document Number: E9-31297
Type: Proposed Rule
Date: 2010-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, announce a 90-day finding for a petition to list the insular population of Hawaiian false killer whales (Pseudorca crassidens) as endangered under the Endangered Species Act (ESA). We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, we have initiated a status review of the insular population of Hawaiian false killer whales to determine if listing under the ESA is warranted. To ensure this status review is comprehensive, we solicit scientific and commercial information regarding this species (see below).
Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures
Document Number: E9-31296
Type: Rule
Date: 2010-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final rule establishes the annual quotas and opening dates for the 2010 fishing season for sandbar sharks, non-sandbar large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks based on any over- and/or underharvests experienced during the 2008 and 2009 Atlantic commercial shark fishing seasons. NMFS needs to take this action to establish the 2010 adjusted fishing quotas and to open the commercial fishing seasons for the Atlantic sandbar shark, non-sandbar LCS, SCS, and pelagic shark fishery based on over- and underharvests from the 2009 fishing season. This action is expected to affect commercial shark fishermen in the Atlantic and Gulf of Mexico regions.
Gulf of Mexico Fishery Management Council; Public Meeting; Correction
Document Number: E9-31230
Type: Notice
Date: 2010-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council will convene joint meetings of the Standing, Special Shrimp, Special Spiny Lobster and Special Reef Fish Scientific and Statistical Committees. This document is being corrected and republished in its entirety.
Pacific Halibut Fisheries; Limited Access for Guided Sport Charter Vessels in Alaska
Document Number: E9-30662
Type: Rule
Date: 2010-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues regulations creating a limited access system for charter vessels in the guided sport fishery for Pacific halibut in waters of International Pacific Halibut Commission Regulatory Areas 2C (Southeast Alaska) and 3A (Central Gulf of Alaska). This limited access system limits the number of charter vessels that may participate in the guided sport fishery for halibut in these areas. NMFS will issue a charter halibut permit to a licensed charter fishing business owner based on his or her past participation in the charter halibut fishery and to a Community Quota Entity representing specific rural communities. All charter halibut permit holders are subject to limits on the number of permits they may hold and on the number of charter vessel anglers who may catch and retain halibut on permitted charter vessels. This action is necessary to achieve the approved halibut fishery management goals of the North Pacific Fishery Management Council. The intended effect is to curtail growth of fishing capacity in the guided sport fishery for halibut.
Marine Mammals; File No. 87-1851-02
Document Number: E9-31191
Type: Notice
Date: 2010-01-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Daniel P. Costa, Ph.D., University of California at Santa Cruz, Long Marine Laboratory, 100 Shaffer Road, Santa Cruz, CA has been issued a major amendment to Permit No. 87-1851-01.
Proposed Information Collection; Comment Request; Framework Adjustment 4 to the Monkfish Fishery Management Plan
Document Number: E9-31178
Type: Notice
Date: 2010-01-04
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.