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

Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Adjustment to the Loligo Trimester 2 and 3 Quota
Document Number: 2010-15933
Type: Rule
Date: 2010-06-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS adjusts the 2010 Fishing Year (FY) Trimester 2 and 3 Loligo squid quotas. This action complies with the 2010 Specifications and Management Measures for the Atlantic Mackerel, Squid, and Butterfish Fisheries Management Plan, which modified accounting procedures for underages of Trimester 1 quota in the Loligo fishery.
Fisheries off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Amendments 20 and 21; Trawl Rationalization Program; Correction
Document Number: 2010-15932
Type: Proposed Rule
Date: 2010-06-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is correcting dates referenced in the preamble to the proposed rule for Amendments 20 and 21 to the Pacific Coast Groundfish Fishery Management Plan (FMP), which published in the Federal Register on June 10, 2010. The dates being corrected refer to the decision date for the FMP amendments and the end date for the public comment period on the two amendments. Amendment 20 would establish a trawl rationalization program for the Pacific Coast groundfish fishery. Amendment 21 would establish fixed allocations for limited entry (LE) trawl participants.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Surfclam and Ocean Quahog Fishery
Document Number: 2010-15770
Type: Proposed Rule
Date: 2010-06-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to open a portion of the Georges Bank (GB) Closed Area to the harvest of Atlantic surfclams and ocean quahogs, which has been closed since 1990 due to the presence of toxins known to cause paralytic shellfish poisoning (PSP). The U.S. Food and Drug Administration (FDA) has indicated that recent testing of clams collected from this portion of the GB Closed Area, known as Cultivator Shoal, has demonstrated that PSP toxin levels are well below the regulatory limit established for public health safety. As a result, the FDA has determined that harvesting of surfclams and ocean quahogs for human consumption, within this portion of the GB Closed Area, is safe.
Caribbean Fishery Management Council; Public Hearings
Document Number: 2010-15778
Type: Notice
Date: 2010-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Caribbean Fishery Management Council will hold public hearings to obtain input from fishers, the general public, and the local agencies representatives on the Public Hearing Draft Document for Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands and Amendment 5 to the Reef Fish Fishery Management Plan of Puerto Rico and the U.S. Virgin Islands (with Draft Environmental Impact Statement).
Endangered and Threatened Species; Initiation of a 5-Year Review of the Eastern Distinct Population Segment of the Steller Sea Lion
Document Number: 2010-15774
Type: Notice
Date: 2010-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces a 5-year review of the eastern Distinct Population Segment (DPS) of the Steller Sea Lion (Eumetopias jubatus) under the Endangered Species Act of 1973, as amended (ESA). A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate and it 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 eastern DPS of the Steller Sea Lion that has become available since their last status review in 1995. Based on the results of this 5-year review, we will make the requisite finding under the ESA.
Marine Mammals; File Nos. 14628 and 15471
Document Number: 2010-15771
Type: Notice
Date: 2010-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the following two entities have applied in due form for permits to import marine mammal parts for scientific research purposes:National Museum of Natural History, Smithsonian Institution (Charles W. Potter, Responsible Party), PO Box 37012, Washington, DC 20013 (File No. 14628) andMichael Adkesson, D.V.M., Chicago Zoological Society, 3300 Golf Rd., Brookfield, Illinois 60527 (File No. 15471).
Marine Mammals; File No. 14535
Document Number: 2010-15769
Type: Notice
Date: 2010-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Colleen Reichmuth, Ph.D., University of California at Santa Cruz, Long Marine Laboratory, 100 Shaffer Road, Santa Cruz, CA, has applied in due form for an amendment to scientific research Permit No. 14535.
Notice of Public Review and Comment Period on NOAA's Next Generation Strategic Plan (NGSP)
Document Number: 2010-15768
Type: Notice
Date: 2010-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NOAA's Next Generation Strategic Plan (Plan) sets the course for the agency's mission, a vision of the future, the societal outcomes that NOAA aims to help realize, and, consequently, the actions that the agency must take. The draft Plan lays the foundation for NOAA to play a leading Federal role in responding to the Nation's most urgent challenges, ranging from climate change, severe weather, and natural or human-induced disasters to declining biodiversity and threatened or degraded ocean and coastal resources. NOAA's draft strategy emerged from extensive consultations across the Nation with staff and stakeholdersthe extended community of partners and collaborators in the public, private, and academic sectors who have a stake in NOAA's mission. During more than 20 regional stakeholder forums, a national forum in Washington, DC, and through web-based engagement and idea generation, NOAA gathered input that helped assess the greatest challenges facing our Nation and the highest priority goals for NOAA. NOAA invites comments on the Plan on its: mission statement; vision of the future; long-term strategic goals and five-year objectives; enterprise components and five-year objectives; and strategic partnerships.
Fisheries of the Exclusive Economic Zone Off Alaska; Fisheries of the Bering Sea Subarea
Document Number: 2010-15767
Type: Proposed Rule
Date: 2010-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council has submitted Amendment 94 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). Amendment 94, if approved, would require the use of modified nonpelagic trawl gear to directed fish for flatfish in the Bering Sea subarea and would change the boundaries of the Northern Bering Sea Research Area to establish the Modified Gear Trawl Zone and to expand the Saint Matthew Island Habitat Conservation Area. The amendment also would make several minor technical changes to the FMP. This action is necessary to reduce the potential adverse effects of nonpelagic trawl gear on benthic habitat, to protect additional blue king crab habitat near St. Matthew Island, to provide for efficient flatfish harvest under changing ocean conditions, and to revise the FMP by removing errors and ensuring program descriptions are consistent with the Magnuson-Stevens Fishery Conservation and Management Act. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws. Comments from the public are encouraged.
International Fisheries; South Pacific Tuna Fisheries; Procedures to Request Licenses and a System to Allocate Licenses
Document Number: 2010-15642
Type: Proposed Rule
Date: 2010-06-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Pursuant to its authority under the South Pacific Tuna Act of 1988 (SPTA), NMFS proposes regulations to modify the procedures that U.S. purse seine vessels use to request fishing licenses to fish in areas managed under the SPTA. This rule would also establish a system for allocating licenses in the event more applications are received than there are licenses available. Such an allocation system is needed because the number of applications is approaching the number of available licenses, and may exceed that number. The proposed license allocation system would include objective criteria to be used by NMFS in prioritizing among license applicants. The license application procedures would be modified in accordance with the allocation system, and would be designed to provide license holders and prospective license applicants with a clear and certain regulatory process. The regulations for vessels licensed under the SPTA would also be modified to require that the vessel monitoring system units (VMS units), also known as mobile transmitting units, installed and carried on the vessels are a type that is NMFS-approved.
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 21
Document Number: 2010-15501
Type: Rule
Date: 2010-06-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is implementing measures specified in Framework Adjustment 21 (Framework 21) to the Atlantic Sea Scallop Fishery Management Plan (FMP), which was developed by the New England Fishery Management Council (Council). Framework 21 specifies the following management measures for the 2010 scallop fishery: Total allowable catch (TAC); open area days-at-sea (DAS) and Sea Scallop Access Area (access area) trip allocations; DAS adjustments if an access area yellowtail flounder (YTF) TAC is caught; limited access general category (LAGC) access area trip allocations; management measures to minimize impacts of incidental take of sea turtles as required by the March 14, 2008, Atlantic Sea Scallop Biological Opinion (Biological Opinion); minor adjustments to the LAGC individual fishing quota (IFQ) program; and minor adjustments to the industry-funded observer program. This action also adjusts regulatory language to eliminate duplicative and outdated text, and to clarify provisions in the regulations that are currently unclear.
New England Fishery Management Council; Public Hearings
Document Number: 2010-15484
Type: Notice
Date: 2010-06-25
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 15 to the Atlantic Sea Scallop Fishery Management Plan (FMP).
New England Fishery Management Council; Public Meeting
Document Number: 2010-15482
Type: Notice
Date: 2010-06-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council's (Council) Groundfish/Scallop Advisory Panel will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
List of Fisheries for 2011
Document Number: 2010-15318
Type: Proposed Rule
Date: 2010-06-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service (NMFS) publishes its proposed List of Fisheries (LOF) for 2011, as required by the Marine Mammal Protection Act (MMPA). The proposed LOF for 2011 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of serious injury and mortality of marine mammals that occurs incidental to each fishery. The classification of a fishery in the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements.
Fisheries of the Northeastern United States; 2010 Specifications for the Spiny Dogfish Fishery
Document Number: 2010-15324
Type: Rule
Date: 2010-06-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces specifications and management measures for the spiny dogfish fishery for the 2010 fishing year (FY) (May 1, 2010, through April 30, 2011). NMFS is implementing a spiny dogfish quota of 15 million lb (6,803.89 mt) for FY 2010, and maintaining the possession limit of 3,000 lb (1.36 mt). These measures are consistent with the Spiny Dogfish Fishery Management Plan (FMP) and based on new biological reference points announced by peer reviewers of the Transboundary Resource Assessment Committee (TRAC), which indicated the stock is rebuilt.
Marine Mammals; File No. 14186
Document Number: 2010-15322
Type: Notice
Date: 2010-06-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Sea World LLC, 9205 South Park Center Loop, Suite 400, Orlando, FL 32819 [Brad Andrews, Responsible Party] has been issued an enhancement permit to maintain non-releasable stranded Guadalupe fur seals (Arctocephalus townsendi).
Stellwagen Bank National Marine Sanctuary Final Revised Management Plan: Notice of Availability
Document Number: 2010-15097
Type: Notice
Date: 2010-06-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The final revised management plan for the Stellwagen Bank National Marine Sanctuary (SBNMS) has been approved and is now available. This plan is the result of a multi-year review at the SBNMS and ONMS, and included extensive public, as well as state, local and other Federal agency involvement. The plan is available for download on the Web site: http://stellwagen.noaa.gov. For a hard copy or data CD of the plan contact the sanctuary office at the contact number identified below.
Availability of Conservation Seat and Diving Operations Seat for the Flower Garden Banks National Marine Sanctuary Advisory Council
Document Number: 2010-15095
Type: Notice
Date: 2010-06-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The ONMS is seeking applications for the following vacant seats on the Flower Garden Banks National Marine Sanctuary Advisory Council: Conservation and Diving Operations. 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.
Regulations to Amend the Civil Procedures
Document Number: 2010-15213
Type: Rule
Date: 2010-06-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This rule amends the procedures governing NOAA's administrative proceedings for the assessment of civil penalties; suspension, revocation, modification, or denial of permits; issuance and use of written warnings; and release or forfeiture of seized property. The principal change removes the requirement that an Administrative Law Judge state good reason(s) for departing from the civil penalty or permit sanction assessed by NOAA in its charging document. This revision eliminates any presumption in favor of the civil penalty or permit sanction assessed by NOAA. The other change corrects a clerical error in a citation to rules pertaining to protective orders issued by Administrative Law Judges.
Mid-Atlantic Fishery Management Council; Public Meeting
Document Number: 2010-15154
Type: Notice
Date: 2010-06-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Mid-Atlantic Fishery Management Council's (MAFMC) Scientific and Statistical Committee (SSC) and Summer Flounder, Scup, Black Sea Bass, and Bluefish Monitoring Committee's will hold a public meeting via webinar.
Gulf of Mexico Fishery Management Council; Public Meeting
Document Number: 2010-15109
Type: Notice
Date: 2010-06-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council will convene a web based meeting of the Red Drum Special Working Group.
Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting
Document Number: 2010-15104
Type: Notice
Date: 2010-06-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The South Atlantic Fishery Management Council (Council) will hold a meeting of its Law Enforcement Advisory Panel (LEAP) in North Charleston, SC. See SUPPLEMENTARY INFORMATION.
Endangered and Threatened Species; Take of Anadromous Fish
Document Number: 2010-15074
Type: Notice
Date: 2010-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS has received an application from the Nisqually Indian Tribe for a direct take permit pursuant to the Endangered Species Act of 1973, as amended (ESA). The duration of the proposed permit is five years. This document serves to notify the public of the availability for comment of the permit application. All comments received will become part of the public record and will be available for review pursuant to the ESA.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Gulf of Mexico Reef Fish Fishery; 2010 Accountability Measures for Greater Amberjack
Document Number: 2010-15071
Type: Rule
Date: 2010-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS implements accountability measures (AMs) for commercial and recreational greater amberjack in the Gulf of Mexico (Gulf) for the 2010 fishing year through this temporary final rule. This rule reduces the 2010 commercial quota for greater amberjack based on the 2009 quota overage and provides an estimated season length for the 2010 recreational greater amberjack sector of the Gulf reef fish fishery. These actions are necessary to reduce overfishing of the Gulf greater amberjack resource.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Ecosystem-Based Amendment for the South Atlantic Region
Document Number: 2010-15069
Type: Rule
Date: 2010-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to implement the Comprehensive Ecosystem-Based Amendment 1 (CE-BA1) to the following South Atlantic fishery management plans (FMPs): The FMP for Coral, Coral reefs, and Live/Hard Bottom Habitats of the South Atlantic Region (Coral FMP); the FMP for the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin and Wahoo FMP); the FMP for Golden Crab of the South Atlantic Region (Golden Crab FMP); the FMP for the Shrimp Fishery of the South Atlantic Region (Shrimp FMP); and the FMP for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council); as well as the FMP for Coastal Migratory Pelagic (CMP) Resources (CMP FMP); and the FMP for the Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic (Spiny Lobster FMP), as prepared and submitted by the South Atlantic and Gulf of Mexico Fishery Management Councils. This final rule establishes Deepwater Coral Habitat Areas of Particular Concern (Deepwater Coral HAPCs) off the coast of the southern Atlantic states in which the use of specified fishing gear and methods and the possession of coral is prohibited. Within the Deepwater Coral HAPCs, fishing zones have been established that allow continued fishing on the historical grounds for golden crab and deepwater shrimp. This rule protects what is thought to be the largest distribution of pristine deepwater coral ecosystems in the world while minimizing the effects on traditional fishing in the Deepwater Coral HAPCs. Additionally, the amendment updates existing Essential Fish Habitat (EFH) information in
Marine Mammals; File No. 15261
Document Number: 2010-15062
Type: Notice
Date: 2010-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Paul Ponganis, Ph.D., University of California at San Diego, La Jolla, CA 92093, has been issued a permit to conduct research on leopard seals (Hydruga leptonyx) in Antarctica.
Atlantic Highly Migratory Species; North and South Atlantic Swordfish Quotas
Document Number: 2010-15061
Type: Proposed Rule
Date: 2010-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This proposed rule would adjust the North and South Atlantic swordfish quotas for the 2010 fishing year to account for 2009 underharvest and implement International Commission for the Conservation of Atlantic Tunas (ICCAT) recommendations 09-02 and 09-03, which maintain the U.S. allocation of the international total allowable catch (TAC). This rule could affect commercial and recreational fishing for swordfish in the Atlantic Ocean, including the Caribbean Sea and Gulf of Mexico, by establishing annual quotas.
Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fisheries; 2010 Atlantic Deep-Sea Red Crab Specifications In-season Adjustment
Document Number: 2010-15059
Type: Proposed Rule
Date: 2010-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In May 2010, NMFS finalized 2010 specifications for the Atlantic deep-sea red crab fishery, including a target total allowable catch (TAC) and a fleet-wide days-at-sea (DAS) allocation. However, the implementing regulations for the Atlantic Deep-Sea Red Crab Fishery Management Plan (FMP) allow NMFS to make an in-season adjustment to the specifications, after consulting with the New England Fishery Management Council (Council). The intent of this rulemaking is to adjust the target TAC and corresponding fleet DAS allocation equivalent to the revised recommendation by Council's Scientific and Statistical Committee (SSC).
North Pacific Fishery Management Council; Public Meeting
Document Number: 2010-15039
Type: Notice
Date: 2010-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council's Scientific and Statistical Committee (SSC), and Groundfish Plan Team members will hold a workshop via Web-Ex, July 8, 2010, beginning at 12:30 p.m. Alaska Standard Time (AST) to review methods for determining annual catch limits (ACLs) for Tier 6 groundfish stocks. See SUPPLEMENTARY INFORMATION.
Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR) Update; Greater Amberjack.
Document Number: 2010-15017
Type: Notice
Date: 2010-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The SEDAR update of the assessment of the Gulf of Mexico stock of greater amberjack will consist of a series of webinars. This assessment will update the stock assessment conducted under SEDAR 9. See SUPPLEMENTARY INFORMATION.
Notice of Estuary Habitat Restoration Council's Intent to Revise its Estuary Habitat Restoration Strategy; Request for Public Comment
Document Number: 2010-14976
Type: Notice
Date: 2010-06-21
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NOAA, on behalf of the interagency Estuary Habitat Restoration Council, is providing notice of the Council's intent to revise the ''Estuary Habitat Restoration Strategy'' and requesting public comments to guide its revision.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA
Document Number: 2010-14833
Type: Notice
Date: 2010-06-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that a one- year Letter of Authorization (LOA) has been issued to the Monterey Bay National Marine Sanctuary (MBNMS) to incidentally take, by Level B harassment only, California sea lions (Zalophus californianus) and Pacific harbor seals (Phoca vitulina) incidental to professional fireworks displays within the MBNMS.
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
Document Number: 2010-14788
Type: Notice
Date: 2010-06-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit (EFP) application contains all of the required information and warrants further consideration. This EFP would allow one commercial fishing vessel to fish outside of the limited access scallop days at sea (DAS) program in support of research conducted by the Coonamessett Farm Foundation. The Assistant Regional Administrator has made a preliminary determination that the activities authorized under this EFP would be consistent with the goals and objectives of the Atlantic sea scallop Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue an EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued.
Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Training Exercises in Three East Coast Range Complexes
Document Number: 2010-14662
Type: Notice
Date: 2010-06-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that NMFS has issued three one-year Letters of Authorization (LOAs) to take marine mammals by harassment incidental to the U.S. Navy's training activities within the Navy's Virginia Capes (VACAPES), Jacksonville (JAX), and Cherry Point Range Complexes to the Commander, U.S. Fleet Forces Command, 1562 Mitscher Avenue, Suite 250, Norfolk, VA 23551-2487 and persons operating under his authority.
Taking and Importing of Marine Mammals
Document Number: 2010-14557
Type: Notice
Date: 2010-06-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Assistant Administrator for Fisheries (Assistant Administrator), NMFS, has granted a request for an affirmative finding to the Government of Mexico under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow yellowfin tuna harvested in the eastern tropical Pacific Ocean (ETP) in compliance with the International Dolphin Conservation Program (IDCP) by Mexican-flag purse seine vessels or purse seine vessels operating under Mexican jurisdiction to be imported into the United States. The affirmative finding was based on review of documentary evidence submitted by the Government of Mexico and obtained from the Inter-American Tropical Tuna Commission (IATTC) and the U.S. Department of State.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Skate Complex Fishery; Amendment 3
Document Number: 2010-14555
Type: Rule
Date: 2010-06-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is implementing approved measures in Amendment 3 to the Northeast Skate Complex Fishery Management Plan (Skate FMP), including final specifications for the 2010 and 2011 fishing years (FY). Amendment 3 was developed by the New England Fishery Management Council (Council) to rebuild overfished skate stocks and implement annual catch limits (ACLs) and accountability measures (AMs) consistent with the requirements of the reauthorized Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Amendment 3 implements a rebuilding plan for smooth skate and establishes an ACL and annual catch target (ACT) for the skate complex, total allowable landings (TAL) for the skate wing and bait fisheries, seasonal quotas for the bait fishery, new possession limits, in season possession limit triggers, and other measures to improve management of the skate fisheries. This interim final rule also includes skate fishery specifications for FY 2010 and 2011, pursuant to the specifications process established in Amendment 3.
Fisheries in the Western Pacific; Community Development Program Process
Document Number: 2010-14550
Type: Proposed Rule
Date: 2010-06-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This proposed rule would establish requirements and procedures for soliciting, reviewing, and approving community development plans for access to western Pacific fisheries. The intent of this proposed rule is to promote the participation of island communities in fisheries that they have traditionally depended upon, but may not have the capabilities to support continued and substantial participation in, possibly due to economic, regulatory, or other constraints.
Atlantic Coastal Fisheries Cooperative Management Act Provisions; Weakfish Fishery
Document Number: 2010-14541
Type: Proposed Rule
Date: 2010-06-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is reopening the comment period on the proposed rule to set the commercial possession limit for weakfish caught in the Exclusive Economic Zone (EEZ) at 100 lb (45 kg) per day or trip, whichever is longer in duration, and set the recreational possession limit at 1 fish per person per day or trip, whichever is longer in duration. The intent of the 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 under the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act).
Atlantic Highly Migratory Species; 2010 Atlantic Bluefin Tuna Quota Specifications
Document Number: C1-2010-13207
Type: Rule
Date: 2010-06-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Closure
Document Number: 2010-14385
Type: Rule
Date: 2010-06-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific sardine off the coasts of Washington, Oregon and California. This action is necessary because the directed harvest allocation total for the first seasonal period (January 1-June 30) is projected to be reached by the effective date of this rule. From the effective date of this rule until June 30, 2010, Pacific sardine can only be harvested as part of the live bait fishery or incidental to other fisheries; the incidental harvest of Pacific sardine is limited to 30-percent by weight of all fish per trip. Fishing vessels must be at shore and in the process of offloading at 12:01 am Pacific Daylight Time on date of closure.
Endangered Species; File Nos. 14508 and 14655
Document Number: 2010-14247
Type: Notice
Date: 2010-06-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Inwater Research Group, Inc. [Permit no. 14508, Principal Investigator, Michael Bresette] Jensen Beach, FL and Jane Provancha [Permit No. 14655], Cape Canaveral, FL have been issued permits to take take green (Chelonia mydas), loggerhead (Caretta caretta), hawksbill (Eretmochelys imbricata), and Kemp's ridley (Lepidochelys kempii) sea turtles for purposes of scientific research.
Magnuson-Stevens Act Provisions; Fishing Capacity Reduction Framework
Document Number: 2010-14246
Type: Proposed Rule
Date: 2010-06-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes amendments to the framework regulations specifying procedures for implementing fishing capacity reduction programs (reduction programs) in accordance with the Magnuson-Stevens Fishery Conservation and Management (Magnuson-Stevens) Reauthorization Act of 2007. A reduction program pays harvesters in a fishery that has more vessels than capacity either to surrender their fishing permits including relevant fishing histories for that fishery, or surrender all their fishing permits and cancelling their fishing vessels= fishing endorsements by permanently withdrawing the vessel from all fisheries. The cost of the program can be paid by post-reduction harvesters, taxpayers, or others. The intent of a program is to decrease the number of harvesters in the fishery, increase the economic efficiency of harvesting, and facilitate the conservation and management of fishery resources in each fishery in which NMFS conducts a reduction program.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: 2010-14221
Type: Rule
Date: 2010-06-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has determined that the Atlantic bluefin tuna (BFT) daily retention limit should be adjusted for the remainder of 2010, based on consideration of the regulatory determination criteria regarding inseason adjustments. These actions apply to vessels permitted in the Highly Migratory Species (HMS) Angling category and Charter/Headboat category (when fishing recreationally for BFT). NMFS also closes the southern area Angling category fishery for large medium and giant (``trophy'') BFT, and transfers 1.7 mt from the Reserve to the northern area trophy category subquota. These actions are being taken consistent with the BFT fishery management objectives of the 2006 Consolidated HMS Fishery Management Plan and to prevent overharvest of the 2010 Angling category quota.
Pacific Fishery Management Council; Public Meeting
Document Number: 2010-14154
Type: Notice
Date: 2010-06-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Pacific Fishery Management Council (Pacific Council) will hold a meeting of its Ad Hoc Regulatory Deeming Workgroup (Workgroup). The meeting is open to the public.
Pacific Fishery Management Council; Public Meeting
Document Number: 2010-14105
Type: Notice
Date: 2010-06-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Pacific Fishery Management Council's (Council) Groundfish Management Team (GMT) will hold a working meeting, which is open to the public.
Marine Fisheries Advisory Committee; Public Meetings
Document Number: 2010-14082
Type: Notice
Date: 2010-06-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given of a meeting of the Marine Fisheries Advisory Committee (MAFAC). This will be the second meeting to be held in the calendar year 2010. Agenda topics are provided under the SUPPLEMENTARY INFORMATION section of this notice. All full Committee sessions will be open to the public.
Endangered and Threatened Species; Take of Anadromous Fish
Document Number: 2010-14078
Type: Notice
Date: 2010-06-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS has issued scientific research Permit 14268 to Thomas R. Payne and Associates (TRPA) in Arcata, CA.
Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Suspension of the Primary Pacific Whiting Season for the Shore-based Sector South of 42° North Latitude
Document Number: 2010-14075
Type: Rule
Date: 2010-06-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the suspension of the Pacific whiting (whiting) fishery primary season for the shore-based sector south of 42[deg] N. lat. at 8 p.m. local time (l.t.) May 16, 2010. ``Per trip'' limits for whiting were reinstated until 0001 hours June 15, 2010, at which time the primary season for the shore-based sector opens coastwide. This action is authorized by regulations implementing the Pacific Coast Groundfish Fishery Management Plan (FMP), which governs the groundfish fishery off Washington, Oregon, and California. This action is intended to keep the harvest of whiting at the 2010 allocation levels.
Atlantic Coastal Fisheries Cooperative Management Act Provisions; Weakfish Fishery
Document Number: 2010-14064
Type: Notice
Date: 2010-06-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On May 6, 2010, the Atlantic States Marine Fisheries Commission (Commission) found the State of North Carolina out of compliance with the Commission's Interstate Fishery Management Plan (ISFMP) for Weakfish. Subsequently, the Commission referred the matter to NMFS in a letter dated May 7, 2010, under delegation of authority from the Secretary of Commerce (Secretary), for Federal non-compliance review under the provisions of the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act). The Atlantic Coastal Act mandates that NMFS must review the Commission's non-compliance referral and make specific findings within 30 days after receiving the referral. On May 25, 2010, the Secretary was notified by the Commission that North Carolina had taken corrective action to comply with the management measures in the ISFMP, and the Commission now finds North Carolina in compliance with the Plan. NMFS concurs with this finding and concludes its obligations for this particular non-compliance referral.
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Amendments 20 and 21; Trawl Rationalization Program
Document Number: 2010-13312
Type: Proposed Rule
Date: 2010-06-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes measures to initiate implementation of Amendments 20 and 21 to the Pacific Coast Groundfish Fishery Management Plan (FMP). Amendment 20 would establish a trawl rationalization program for the Pacific Coast groundfish fishery. Amendment 20's trawl rationalization program would consist of: An individual fishing quota (IFQ) program for the shore-based trawl fleet (including whiting and non-whiting sectors); and cooperative (coop) programs for the at-sea (whiting only) mothership (MS) and catcher/processor (C/P) trawl fleets. The trawl rationalization program 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. Amendment 21 would establish fixed allocations for limited entry (LE) trawl participants. These allocations are intended to improve management under the rationalization program by streamlining its