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

NMFS will hold a 3-day Atlantic Highly Migratory Species (HMS) Advisory Panel (AP) meeting in May 2010. The intent of the meeting is to consider options for the conservation and management of Atlantic HMS. The meeting is open to the public.

NOAA publishes this notice to solicit proposals for grant funding for three NOAA Sea Grant Programs: (1) Sea Grant Aquaculture Research Program 2010; (2) NOAA Sea Grant Aquaculture Extension and Technology Transfer 2010; and (3) NOAA Sea Grant Aquatic Invasive Species 2010. This notice supplements the agency's solicitation for applications published on January 19, 2010 entitled ``Availability of Grant Funds for Fiscal Year 2010'' (75 FR 3209).

This notice announces the availability of the Draft Environmental Impact Statement (DEIS) for Authorization for Incidental Take and Implementation of Stanford University Habitat Conservation Plan (Plan), and the Implementing Agreement (IA) for public review and comment. In response to receipt of an application from The Board of Trustees of Leland Stanford Junior University (Stanford; Applicant), the U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration, National Marine Fisheries Service (Services), are considering the proposed action of issuing a 50-year permit for four federally listed species and one currently unlisted species. The proposed permit would authorize the incidental take of individual species listed under the Federal Endangered Species Act of 1973, as amended (ESA). The permit is needed because take of species could occur during the operation and maintenance of the University, academic activities, athletic and recreational activities, leasehold activities, urban development, and resource conservation activities associated with the Plan at Stanford, which is located on 8,180-acres in San Mateo County and Santa Clara County, California.

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the California Department of Transportation (Caltrans) allowing the take of small numbers of marine mammals, by Level B harassment only, incidental to pile driving associated with the Antioch Bridge Seismic Retrofit Project.

NMFS (on behalf of the Secretary of Commerce) issues this final rule to facilitate conservation and management of Antarctic Marine Living Resources (AMLR). The regulations: further detail current U.S. requirements to only allow importation and/or re-exportation of frozen toothfish or toothfish product with verifiable documentation that the harvesting vessel participated in the Centralized-Vessel Monitoring System (C-VMS) regardless of where the fish was harvested; revise the NMFS catch-documentation requirements for re-exporting toothfish and add requirements for exporting U.S.-caught toothfish; require applicants for an AMLR harvesting permit for krill to apply to NMFS no later than June 1 preceding the harvesting season for krill; and rescind the existing regulatory framework for annual management measures. The intent of the rule is to further detail requirements for importing and re-exporting toothfish, to facilitate enforcement, to fulfill U.S. obligations in the Commission on the Conservation of Antarctic Marine Living Resources (CCAMLR), and to simplify the process for informing the public of annual conservation measures.

This final rule implements measures approved under Framework Adjustment 44 (FW 44) to the Northeast (NE) Multispecies Fishery Management Plan (FMP), including specifications for the FMP for fishing years (FY) 2010-2012. FW 44 is implemented in this rule in conjunction with approved Amendment 16 measures, as well as with approved sector operations plans authorized under the FMP. Specifically, FW 44 modifies the Gulf of Maine (GOM) cod and pollock trip limits implemented in Amendment 16; provides the Administrator, Northeast Region, NMFS (Regional Administrator) authority to implement inseason trip limits and/or differential day-at-sea (DAS) counting for any groundfish stock in order to prevent catch from exceeding the Annual Catch Limit (ACL); and specifies Overfishing Levels (OFLs), Acceptable Biological Catch levels (ABCs), and ACLs for all 20 groundfish stocks in the FMP for FY 2010 through 2012, as well as the Total Allowable Catches (TACs) for transboundary Georges Bank (GB) stocks. Pursuant to current Regional Administrator authority under the FMP, this action also allocates zero trips to the Closed Area II (CA II) Yellowtail Flounder Special Access Program (SAP); limits the Eastern U.S./Canada Haddock SAP to the use of Category A DAS for common pool vessels; delays the opening of the Eastern U.S./Canada Area for trawl vessels; and implements a GB yellowtail flounder trip limit of 2,500 lb (1,125 kg). Finally, this rule makes technical corrections to Amendment 16 regulations.

The New England Fishery Management Council (Council) will hold a three-day Council meeting on April 27-29, 2010 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The Western Pacific Fishery Management Council (Council) will hold meetings of its Pelagics Plan Team (PPT) in Honolulu, HI to discuss fishery issues and develop recommendations for future management.

NMFS published a document in the Federal Register on March 17, 2010 notifying the public that the Western Pacific Fishery Management

The ONMS is seeking applications for the following vacant seats on the Gray's Reef National Marine Sanctuary Advisory Council: Georgia conservation and living resources research. 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. Applicants who are chosen as members should expect to serve 3-year terms, pursuant to the council's Charter.

NMFS is reopening the request for information in order to provide additional opportunities for interested parties to provide information regarding nations whose vessels are engaged in illegal, unregulated, or unreported (IUU) fishing or bycatch of protected living marine resources (PLMRs). Such information will be reviewed for the purposes of the identification of nations pursuant to the High Seas Driftnet Fishing Moratorium Protection Act (Moratorium Protection Act). On March 5, 2010, NMFS published a request for information, with submissions requested by April 5, 2010. NMFS is now reopening the request for information until April 23, 2010.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the Sonoma County Water Agency (herein after ``Agency'') to take small numbers of marine mammals, by Level B harassment, incidental to Russian River Estuary (Estuary) water level management and monitoring activities at the mouth of the Russian River, Jenner, CA.

The National Oceanic and Atmospheric Administration (NOAA) published a document in the Federal Register on February 19, 2010 (75 FR 7361) on the use and possession of spearfishing gear in Gray's Reef National Marine Sanctuary. That document was inadvertently missing a word in Sec. 922.92(a)(11)(iii). This document corrects the final regulations by revising that section.

NMFS is closing the commercial and non-commercial fisheries in the Main Hawaiian Islands fishery for seven deepwater bottomfish species (``Deep 7'' bottomfish) as a result of reaching the total allowable catch (TAC) for the 2009-10 fishing year.

We, the National Marine Fisheries Service (NMFS), are accepting a 2003 petition to delist coho salmon (Oncorhynchus kisutch) in coastal counties south of the ocean entrance to San Francisco Bay, California, from the Federal List of Endangered and Threatened Wildlife under the Endangered Species Act (ESA) of 1973, as amended. Coho salmon populations in this region are currently listed under the ESA as part of the Central California Coast (CCC) Evolutionarily Significant Unit (ESU). This action is being taken in response to a February 8, 2010, U.S. District Court decision that our previous rejection of the petition in 2006 was arbitrary and capricious. To ensure a comprehensive review, we are soliciting scientific and commercial data and other information relevant to the status of coho salmon in the coastal counties south of San Francisco Bay. We will publish the results of that review and will make a finding as to whether the petitioned action is or is not warranted on or before February 8, 2011.

Notice is hereby given that the Washington Department of Fish and Wildlife (WDFW) has submitted a Fishery Management and Evaluation Plan (FMEP) pursuant to the protective regulations promulgated for Snake River steelhead, Snake River spring/summer Chinook, and Snake River fall Chinook salmon under the Endangered Species Act (ESA). The FMEP specifies the future management of freshwater inland recreational fisheries potentially affecting basin steelhead and Chinook salmon in portions of the Snake River basin within the State of Washington. This document serves to notify the public of the availability of the FMEP and associated draft environmental assessment (EA) for comment prior to a decision by NMFS whether to approve the proposed fisheries. All comments received will become part of the public record and will be available for review pursuant to the ESA.

In accordance with provisions of the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that a letter of authorization (LOA) to take four species of marine mammals incidental to testing and training during Precision Strike Weapons (PSW) tests in the Gulf of Mexico (GOM), a military readiness activity, has been issued to Eglin Air Force Base (AFB).

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Louisiana Coastal Management Program and the Great Bay (New Hampshire) National Estuarine Research Reserve. The Coastal Zone Management Program evaluation will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended (CZMA) and regulations at 15 CFR part 923, subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of a Coastal Management Program requires findings concerning the extent to which a state has met the national objectives, adhered to its Coastal Management Program document approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA.

Notice is hereby given that NMFS Northeast Fisheries Science Center, Woods Hole, MA, has applied in due form for a permit to take loggerhead (Caretta caretta), leatherback (Dermochelys coriacea), Kemp's ridley (Lepidochelys kempii), green (Chelonia mydas), and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research. Kristen Hart, Ph.D., USGS, Davie, FL has applied for a modification to scientific research Permit No. 13307-01 to take green sea turtles.

NMFS announces the availability of long-term direct loans made underthe Fisheries Finance Program (FFP). The FFP provides financing for the purchase of used vessels or the reconstruction of vessels (limited to reconstructions that do not add to fishing capacity); refinancing for existing debt obligations; financing or refinancing fisheries shoreside facilities or aquacultural facilities; and the purchase or refinancing of Individual Fishing Quota (IFQ) in the North Pacific. FFP loans are not issued for purposes which could contribute to over capitalization of the fishing industry.

Notice is hereby given that the Louisville Zoological Garden, 1100 Trevilian Way, P.O. Box 37250, Louisville, KY 40233, has applied in due form for a permit to import one South African fur seal (Arctocephalis pusillus) for the purposes of public display.

The ONMS is seeking applications for the following vacant seat on the Flower Garden Banks National Marine Sanctuary Advisory Council: Conservation. 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. Applicants who are chosen as members should expect to serve three-year terms, pursuant to the council's Charter.

The ONMS is seeking applications for the following vacant seats on the Fagatele Bay National Marine Sanctuary Advisory Council: Research, Education, Commercial Fishing, Ocean Recreation, Youth, Tutuila: East Side, Tutila: West Side, and Manua Islands. 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. Applicants who are chosen as members should expect to serve 3-year terms, pursuant to the council's Charter.

NMFS issues this proposed rule that would 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 proposed rule would increase the commercial and recreational quotas for red snapper and provide an estimated closure date for the 2010 recreational red snapper component of the Gulf of Mexico (Gulf) reef fish fishery. The intended effect of the proposed rule is to help achieve optimum yield (OY) by relaxing red snapper harvest limitations consistent with the findings of the recent stock assessment for this species.

NOAA'S Office of Ocean Exploration and Research (OER) is seeking comments on the draft OER STRATEGIC PLAN Fiscal Year (FY) 2011- 2015, submitted to meet the requirement for program direction under Public Law 111-11, Section 12104(b). The draft OER STRATEGIC PLAN describes the vision, mission, core activities, and organization of the Office of Ocean Exploration and Research.