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

Fisheries off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Amendments 20 and 21; Trawl Rationalization Program
Document Number: 2010-11346
Type: Proposed Rule
Date: 2010-05-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendments 20 and 21 to the Pacific Coast Groundfish Fishery Management Plan (FMP) for review by the Secretary of Commerce (Secretary). Amendment 20 would modify the FMP to create the structure and management details of the trawl rationalization program for the limited entry trawl fishery. Amendment 21 would modify the FMP to allocate the groundfish stocks between trawl and non-trawl fisheries and within trawl fisheries. The trawl rationalization program (Amendments 20 and 21) is intended to increase net economic benefits, create individual economic stability, provide full utilization of the trawl sector allocation, consider environmental impacts, and achieve individual accountability of catch and bycatch.
Atlantic Coastal Fisheries Cooperative Management Act Provisions; Weakfish Fishery
Document Number: 2010-11339
Type: Proposed Rule
Date: 2010-05-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to decrease the incidental catch allowance for weakfish caught in the Exclusive Economic Zone (EEZ), from 150 lb (68 kg) to no more than 100 lb (45 kg) per day or trip, whichever is longer in duration. The intent of this proposed rule is to modify regulations for the Atlantic coast stock of weakfish to be more compatible with Addendum IV to Amendment 4 of the Atlantic States Marine Fisheries Commission's (Commission) Interstate Fishery Management Plan (ISFMP) for weakfish. Such action is authorized in the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act).
Endangered Species; File No. 10022
Document Number: 2010-11338
Type: Notice
Date: 2010-05-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Raymond Carthy, Department of Wildlife Ecology and Conservation, University of Florida, P.O. Box 110485, Gainesville, FL 23611-0450 has been issued a modification to scientific research Permit No. 10022.
Endangered Species; File No. 1596
Document Number: 2010-11336
Type: Notice
Date: 2010-05-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS Southwest Fisheries Science Center (SWFSC) [Responsible Party: Lisa Ballance], 3333 N. Torrey Pines Ct., La Jolla, CA 92037, has requested a modification to scientific research Permit No. 1596-02.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Amendment to Emergency Fisheries Closure in the Gulf of Mexico Due to the Deepwater Horizon Oil Spill
Document Number: 2010-11184
Type: Rule
Date: 2010-05-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this action to amend the emergency regulations published on May 6, 2010, to revise the portion of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) that is closed to all fishing, due to the evolving nature of the Deepwater Horizon oil spill. The initial closure was applicable May 2, 2010 through 12:01 a.m., local time, May 12, 2010. This revised fisheries closure supersedes the original closure and is effective from May 7, 2010 through 12:01 a.m., local time, May 17, 2010, unless conditions allow NMFS to terminate it sooner. The revised closure is implemented for public safety.
Endangered and Threatened Species; Recovery Plans; Recovery Plan for the Kemp's Ridley Sea Turtle
Document Number: 2010-11017
Type: Notice
Date: 2010-05-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On March 16, 2010, we, NMFS and USFWS, announced the availability for public review of the draft Bi-National Recovery Plan (Plan) for the Kemp's Ridley Sea Turtle (Lepidochelys kempii). The Kemp's Ridley Recovery Plan is a bi-national plan developed by the NMFS and USFWS and the Secretary of Environment and Natural Resources, Mexico. We provided a 60-day comment period, ending May 17, 2010, on the draft Plan. We received requests for extension of the public comment period. In response, we are extending the comment period for the draft Plan an additional 45 days.
Notice of Public Review and Comment Period on NOAA's Arctic Vision and Strategy
Document Number: 2010-11016
Type: Notice
Date: 2010-05-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Arctic has profound significance for climate and functioning of ecosystems around the globe. The region is particularly vulnerable and prone to rapid change. Increasing air and ocean temperatures, thawing permafrost, loss of sea ice, and shifts in ecosystems are evidence of widespread and dramatic ongoing change. As a result, critical environmental, economic, and national security issues are emerging, many of which have significant impacts for human lives, livelihoods, and coastal communities. Though NOAA has numerous and diverse capabilities that support these emerging issues, a strategic approach that leverages NOAA's existing priorities and strengths, as well as those of our national and international partners, is needed. This document provides a high-level framework and six strategic goals
Mid-Atlantic Fishery Management Council; Public Meeting
Document Number: 2010-10966
Type: Notice
Date: 2010-05-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Mid-Atlantic Fishery Management Council's (MAFMC) Squid, Mackerel, and Butterfish Committee will hold a public meeting that also includes the Squid, Mackerel, and Butterfish Advisory Panel as well as the Amendment 11 Fishery Management Action Team (FMAT).
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to an Exploration Drilling Program in the Chukchi Sea, AK
Document Number: 2010-10880
Type: Notice
Date: 2010-05-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS received an application from Shell Offshore Inc. (Shell) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to offshore exploration drilling on Outer Continental Shelf (OCS) leases in the Chukchi Sea, Alaska. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to Shell to take, by Level B harassment only, 12 species of marine mammals during the specified activity.
Endangered and Threatened Wildlife and Plants; Proposed Listing for the Largetooth Sawfish
Document Number: 2010-10874
Type: Proposed Rule
Date: 2010-05-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, have determined that the largetooth sawfish (Pristis perotteti) qualifies as a ``species'' for listing as endangered or threatened under the Endangered Species Act (ESA), and propose listing the species as endangered. This proposed rule also constitutes the 12-month finding on the petition to list the largetooth sawfish throughout its range and designate critical habitat for the species. We are not proposing to designate critical habitat. This proposed rule to list the species as endangered is based on the status review of the species (NMFS, 2010), and the best available scientific and commercial data. We also solicit information that may be relevant to the status and conservation of the species.
Endangered and Threatened Species; Recovery Plans
Document Number: 2010-10860
Type: Notice
Date: 2010-05-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On March 18, 2010, we, NMFS, announced the release of the Draft Recovery Plan for Central California Coast coho salmon (Draft
Endangered and Threatened Species; Take of Anadromous Fish
Document Number: 2010-10856
Type: Notice
Date: 2010-05-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS has received an application for a permit to conduct research for scientific purposes from the Resource Conservation District of the Santa Monica Mountains (RCD), in southern California. The requested permit would affect the endangered Southern California (SC) Distinct Population Segment (DPS) of steelhead (Oncorhynchus mykiss). The public is hereby notified of the availability of the permit application for review and comment before NMFS either approves or disapproves the application.
Proposed Information Collection; Comment Request; Regional Economic Data Collection Program for Southeast Alaska
Document Number: 2010-10780
Type: Notice
Date: 2010-05-07
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.
New England Fishery Management Council; Public Meeting
Document Number: 2010-10755
Type: Notice
Date: 2010-05-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) has cancelled the public meeting of its Joint Skate Committee and Advisory Panel that was scheduled for Tuesday, May 18, 2010 beginning at 9:30 a.m., in Peabody, MA.
Fisheries of the South Atlantic and Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public Meetings
Document Number: 2010-10726
Type: Notice
Date: 2010-05-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The SEDAR 24 assessment of the South Atlantic stock of red snapper will consist of a series of workshops and webinars: a Data Workshop, a series of Assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Operation and Maintenance of a Liquefied Natural Gas Facility off Massachusetts
Document Number: 2010-10715
Type: Notice
Date: 2010-05-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received an application from Neptune LNG LLC (Neptune) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to port commissioning and operations, including maintenance and repair activities, at its Neptune Deepwater Port. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to Neptune to take, by Level B harassment only, several species of marine mammals during the specified activity. NMFS is also requesting comments on its intent to promulgate regulations governing the take of marine mammals over a 5-year period incidental to the same activities described herein.
Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
Document Number: 2010-10698
Type: Notice
Date: 2010-05-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The SEDAR assessment of the South Atlantic stock of red snapper will consist of a series of workshops and webinars: a Data Workshop, a series of Assessment webinars, and a Review Workshop. This is the twenty-fourth SEDAR. This is notice of the Data Workshop component of SEDAR 24. Notice of the Assessment Process and the Review Workshop will be made at a later date. See SUPPLEMENTARY INFORMATION.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Emergency Fisheries Closure in the Gulf of Mexico Due to the Deepwater Horizon Oil Spill
Document Number: 2010-10661
Type: Rule
Date: 2010-05-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this emergency rule to close a portion of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) to all fishing, in response to the Deepwater Horizon oil spill. The closure was applicable May 2, 2010, and will remain in effect for 10 days, unless conditions allow NMFS to terminate it sooner. NMFS will continue to monitor and evaluate the oil spill and its impacts on Gulf fisheries and will take immediate and appropriate action to extend or reduce this closed area. This closure is implemented for public safety.
Fisheries Off West Coast States; West Coast Salmon Fisheries; 2010 Management Measures
Document Number: 2010-10566
Type: Rule
Date: 2010-05-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
By this final rule, NMFS establishes fishery management measures for the 2010 ocean salmon fisheries off Washington, Oregon, and California and the 2011 salmon seasons opening earlier than May 1, 2011. Specific fishery management measures vary by fishery and by area. The measures establish fishing areas, seasons, quotas, legal gear, recreational fishing days and catch limits, possession and landing restrictions, and minimum lengths for salmon taken in the U.S. exclusive economic zone (EEZ) (3-200 NM) off Washington, Oregon, and California. The management measures are intended to prevent overfishing and to apportion the ocean harvest equitably among treaty Indian, non- treaty commercial, and recreational fisheries. The measures are also intended to allow a portion of the salmon runs to escape the ocean fisheries in order to provide for spawning escapement and to provide for inside fisheries (fisheries occurring in state internal waters).
Merchant Marine Act and Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) Provisions; Fishing Vessel, Fishing Facility and Individual Fishing Quota Lending Program Regulations
Document Number: 2010-10270
Type: Proposed Rule
Date: 2010-05-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Fisheries Finance Program (FFP or the Program) provides long-term financing to the commercial fishing and aquaculture industries for fishing vessels, fisheries facilities, aquaculture facilities, and individual fishing quotas (IFQs). The Program became a direct loan program, as a result of legislation in 1996, replacing a guaranteed loan program. The FFP collects loan principal and interest from loan recipients and fees from applicants in order to repay monies borrowed from the U.S. Treasury. It maintains fixed interest rates that are comparable to those of private sector lenders, however the FFP allows borrowers to prepay without penalty, and may carry longer repayment periods that are more advantageous to borrowers. The FFP does not make loans for new vessel construction or for vessel refurbishments that would increase harvesting capacity. Since the publication of its current regulations on May 1, 1996, the Program's authorizing statutes have been amended several times. However, the current regulations implementing the FFP have not been amended since 1996. Prior to the 2006 amendments to the FFP's statutory authorization, the 1996 rules for the Program were sufficient to implement the statute. The 2006 statutory changes have necessitated the current rules. In this action, NMFS amends our regulations to reflect the statutory changes to the Program, and to provide regulations for two additional lending products.
Endangered and Threatened Species; Take of Anadromous Fish; Research Permit Applications
Document Number: 2010-10489
Type: Notice
Date: 2010-05-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS has received five scientific research permit application requests relating to Pacific salmon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts. The applications may be viewed online at: https:/ /apps.nmfs.noaa.gov/preview/previewopenforcomment.cfm
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures
Document Number: 2010-10403
Type: Rule
Date: 2010-05-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final rule establishes the 2010 fishery specifications for Pacific whiting in the U.S. exclusive economic zone (EEZ) and state waters off the coasts of Washington, Oregon, and California, as authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP). These specifications include the level of the acceptable biological catch (ABC), optimum yield (OY), and allocations for the non-tribal commercial sectors. This final rule also announces the tribal allocation of Pacific whiting for the 2010 season and inseason adjustments of bycatch limits for the 2010 Pacific whiting fishery.
Fisheries of the Gulf of Mexico and South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
Document Number: 2010-10293
Type: Notice
Date: 2010-05-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The SEDAR assessments of the HMS stocks of sandbar, dusky, and blacknose sharks will consist of a series of workshops and webinars: a Data Workshop, a series of Assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.
Pacific Fishery Management Council; Public Meeting
Document Number: 2010-10292
Type: Notice
Date: 2010-05-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Pacific Fishery Management Council (Council) will hold a meeting of its Ad Hoc Regulatory Deeming Workgroup (Workgroup). The meeting is open to the public.
American Lobster Fishery Management
Document Number: 2010-10262
Type: Notice
Date: 2010-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has prepared a draft environmental impact statement (DEIS) that identifies several proposed management actions and alternatives for the American lobster fishery in Federal waters. The management actions are based on recommendations to NMFS by the Atlantic States Marine Fisheries Commission (Commission) as part of the Commission's Interstate Fishery Management Plan for American Lobster (ISFMP). Two of the three proposed management measures evaluated in the DEIS would implement limited access programs (LAPs), limiting future access in two Lobster Conservation Management Areas (Areas) Area 2 and the Outer Cape Area based upon historical participation within the fishery. The third proposed measure would implement an individual transferable trap program (ITT) in three AreasArea 2, Area 3, and the Outer Cape Area. The DEIS evaluates four ITT alternatives. NMFS has not selected a preferred alternative to implement the ITT program. NMFS will hold public meetings to receive comments on the potential biological, economic, and social impacts of proposed measures evaluated in this DEIS.
Marine Mammals; File No. 14514
Document Number: 2010-10259
Type: Notice
Date: 2010-05-03
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, Gainesville, FL 32610 (Ruth Francis-Floyd, Responsible Party) has applied in due form for a permit to receive, import and export marine mammal specimens for scientific research.
Marine Mammals; File Nos. 15498 and 15500
Document Number: 2010-10243
Type: Notice
Date: 2010-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Chicago Zoological Society - Brookfield Zoo, 3300 Golf Road, Brookfield, IL 60513, and Georgia Aquarium, 225 Baker Street, NW, Atlanta, GA 30313, have each applied in due form for a permit to import Atlantic bottlenose dolphins (Tursiops truncatus) for public display.
International Whaling Commission; 62nd Annual Meeting; Announcement of Public Meetings
Document Number: 2010-10242
Type: Notice
Date: 2010-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This notice announces the dates, times, and locations of the public meetings being held prior to the 62nd annual International Whaling Commission (IWC) meeting.
Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
Document Number: 2010-10241
Type: Rule
Date: 2010-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the second seasonal apportionment of the Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA has been reached.
International Whaling Commission; 62nd Annual Meeting; Nominations
Document Number: 2010-10240
Type: Notice
Date: 2010-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This notice is a call for nominees for the U.S. Delegation to the June 2010 International Whaling Commission (IWC) annual meeting. The non-federal representative(s) selected as a result of this nomination process is(are) responsible for providing input and recommendations to the U.S. IWC Commissioner representing the positions of non-governmental organizations. Generally, only one non-governmental position is selected for the U.S. Delegation.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures
Document Number: 2010-10238
Type: Rule
Date: 2010-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to implement a regulatory amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule increases the commercial and recreational quotas for red snapper and closes the recreational red snapper component of the Gulf of Mexico (Gulf) reef fish fishery at 12:01 a.m., local time, July 24, 2010. The intended effect of this rule is to help achieve optimum yield by relaxing red snapper harvest limitations consistent with the findings of the recent stock assessment for this species.
Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Correction
Document Number: 2010-10237
Type: Rule
Date: 2010-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action corrects the SUPPLEMENTARY INFORMATION section to a final rule published in the Federal Register on April 20, 2010, which erroneously waived the 30 day delay in effective date. A 30-day delay in effectiveness will allow fishermen to come into compliance with the terms of the rule, as was originally intended, without compromising any other aspect of the fishery. NMFS will not enforce the requirement that owners be onboard vessels unless otherwise required by statute or regulation.
New England Fishery Management Council; Public Meeting
Document Number: 2010-10188
Type: Notice
Date: 2010-05-03
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 May, 2010, 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.
North Pacific Fishery Management Council; Public Meeting
Document Number: 2010-10187
Type: Notice
Date: 2010-05-03
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.
North Pacific Fishery Management Council; Public Meeting
Document Number: 2010-10186
Type: Notice
Date: 2010-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
North Pacific Fishery Management Council will host a meeting of the Council Coordination Committee (CCC), consisting of the Regional Fishery Management Council chairs, vice chairs, and executive directors on May 19-20-21, 2010.
New England Fishery Management Council; Public Meeting
Document Number: 2010-10185
Type: Notice
Date: 2010-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) is scheduling a public meeting of its Joint Skate Committee and Advisory Panel, in May, 2010, 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.
Gulf of Mexico Fishery Management Council; Public Meeting
Document Number: 2010-10184
Type: Notice
Date: 2010-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council will convene a meeting of the Standing, Special Reef Fish and Special Red Drum Scientific and Statistical Committees.
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