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

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 NOAA Restoration Center, Southwest Region, to take, by Level B Harassment only, small numbers of harbor seals (Phoca vitulina richardsi) incidental to pile driving associated with the Parsons Slough Sill Project.

NMFS issues this final rule to implement actions identified in 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 reduces the commercial quota for red grouper and, thus, the combined commercial quota for shallow water grouper (SWG) species, and requires vessels with valid commercial Gulf of Mexico (Gulf) reef fish permits to mark their buoy gear with the official vessel number. This rule also implements minor revisions to codified text, including a revised definition of buoy gear, re-codification of the commercial and recreational quotas for greater amberjack, revision of the recreational accountability measure for greater amberjack, and removal of outdated language for the red snapper individual fishing quota (IFQ) program. The intended effect of this final rule is to help prevent overfishing of red grouper while achieving optimum yield (OY) by reducing red grouper harvest, consistent with the findings of the recent stock assessment for this species, and to implement technical corrections to the regulations.

The New England Fishery Management Council (NEFMC) announces its intent to prepare an amendment (Amendment 6) to the Fishery Management Plan (FMP) for monkfish (Lophius americanus) and an EIS to analyze the impacts of any proposed management measures. The purpose of Amendment 6 is to consider one or more catch share management approaches for the monkfish fishery, including, but not limited, to Individual Fishery Quotas (IFQs), sectors, and/or community quotas. The NEFMC is initiating a public process to determine the scope of issues and range of alternatives to be addressed in Amendment 6 and its EIS. The purpose of this notification is to alert the interested public of the commencement of the scoping process and to provide for public participation in compliance with environmental documentation requirements.

The National Oceanic and Atmospheric Administration (NOAA) announces the availability of the finalized Federal Aquatic Nuisance Species Research Risk Analysis Protocol (Protocol), developed by the Research Protocol Committee, a committee of the Aquatic Nuisance Species Task Force (ANSTF).

The Gulf of Mexico Fishery Management Council will convene a public meeting of the Florida/Alabama Habitat Protection Advisory Panel (AP).

NMFS is prohibiting retention of longnose skate in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2010 total allowable catch (TAC) of longnose skate in the Western Regulatory Area of the GOA has been reached.

The New England Fishery Management Council's (Council) Herring Committee will meet jointly with its Advisory Panel to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

NMFS has established an annual fee of fifteen dollars ($15.00) for registration of anglers, spear fishers and for-hire fishing vessels to register under the National Saltwater Angler Registry Program.

NMFS announces a temporary removal of the 2,000-lb (907.2 kg) trip limit for the Atlantic herring fishery in Management Area 1A (Area 1A) because catch data indicate that 95 percent of the total allowable catch (TAC) threshold in Area 1A has not been fully attained. Vessels issued a Federal permit to harvest Atlantic herring may resume fishing for and landing herring in amounts greater than 2,000 lb (907.2 kg), consistent with their respective Atlantic herring permit categories, effective 0001 hrs, November 29, 2010, through 0001 hrs, December 3, 2010. At 0001 hrs, December 3, 2010, vessels will again be prohibited from fishing for, catching, possessing, transferring, or landing more than 2,000 lb (907.2 kg) of Atlantic herring per trip or calendar day.

The Mid-Atlantic Fishery Management Council (Council) and its River Herring and Shad Committee, its Joint Spiny Dogfish Committee, and its Executive Committee will hold public meetings.

The Gulf of Mexico Fishery Management Council (Council) will convene a public meeting of the Louisiana/Mississippi Habitat Protection Advisory Panel (AP).

NOAA is amending the regulations for the Florida Keys National Marine Sanctuary (FKNMS or sanctuary) by eliminating the exemption that allows discharges from within the boundary of the sanctuary of biodegradable effluent incidental to vessel use and generated by marine sanitation devices (MSDs) approved under the Clean Water Act (CWA), and by requiring that MSDs be secured to prevent discharges of treated and untreated sewage. This action builds upon the Environmental Protection Agency's creation of a No Discharge Zone (NDZ) for the state waters of the FKNMS, and will help protect the Florida Keys ecosystem from potentially harmful vessel sewage discharges. An environmental assessment has been prepared for this action pursuant to the National Environmental Policy Act. The environmental assessment includes a Finding of No Significant Impact (FONSI) regarding the impacts of this rulemaking.

NMFS reopens the 2010-2011 commercial sector for South Atlantic black sea bass in the exclusive economic zone (EEZ). NMFS previously determined the quota for the commercial sector would be reached by October 7, 2010, and closed the commercial sector for black sea bass in the South Atlantic. The latest estimates for landings indicate the quota was not reached by that date. Consequently, NMFS will reopen the commercial sector for 14 days. The purpose of this action is to allow the commercial sector to maximize harvest benefits and at the same time protect the black sea bass resource.

NMFS is prohibiting retention of Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). NMFS is requiring that catch of Pacific cod in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury. This action is necessary because the 2010 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component in this area has been reached.

On November 9, 2010, NMFS announced receipt of a petition to designate the Eastern North Pacific population of gray whales (Eschrichtius robustus) as a depleted stock under the Marine Mammal Protection Act (MMPA) and solicited comments on the petition. NMFS is extending the public comment period on the petition until December 8, 2010.

The South Atlantic Fishery Management Council will hold a meeting of its Spiny Lobster Committee, Personnel Committee (Closed Session), King and Spanish Mackerel Committee, Ecosystem-Based Management Committee, Golden Crab Committee, Southeast Data, Assessment, and Review (SEDAR) Committee (a portion of the meeting will be closed), Joint Executive and Finance Committees, Standard Operating, Policy and Procedures (SOPPs) Committee, Snapper Grouper Committee, and a meeting of the Full Council. The Council will take action as necessary. The Council will also hold an informal public question and answer session, a public comment session regarding agenda items, and public comment on Regulatory Amendment 10. See SUPPLEMENTARY INFORMATION for additional details.

The New England Fishery Management Council's (Council) VMS/ Enforcement Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

NMFS proposes specifications for the 2011 summer flounder, scup, and black sea bass fisheries and provides notice of three projects that may be requesting Exempted Fishing Permits (EFPs) as part of the Mid-Atlantic Fishery Management Council's (Council) Research Set-Aside (RSA) program. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) require NMFS to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. Furthermore, regulations under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq., require a notice to be published to provide interested parties the opportunity to comment on applications for EFPs. The intent of this action is to establish 2011 specifications for the summer flounder, scup, and black sea bass fisheries, and to provide notice of EFP requests, in accordance with the FMP and Magnuson-Stevens Act.

The SEDAR 21 assessments of the HMS 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.

NMFS announces a temporary removal of the 2,000-lb (907.2 kg) trip limit for the Atlantic herring fishery in Management Area 1A (Area 1A). The trip limit removal is because catch data indicate that 95 percent of the total allowable catch (TAC) threshold in Area 1A has not been fully attained. Vessels issued a Federal permit to harvest Atlantic herring may resume fishing for and landing herring, in amounts greater than 2,000 lb (907.2 kg), consistent with their respective Atlantic herring permit categories, effective 0001 hrs, November 15, 2010, through 0001 hrs, November 17, 2010. At 0001 hrs, November 17, 2010, vessels will again be prohibited from fishing for, catching, possessing, transferring, or landing more than 2,000 lb (907.2 kg) of Atlantic herring per trip or calendar day.

The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Tuesday, November 30, 2010, from 8:30 a.m. to 5:45 p.m. and Wednesday, December 1, 2010, from 8 a.m. to 3:30 p.m. These times and the agenda topics described below are subject to change. Please refer to the Web page https:// www.sab.noaa.gov/Meetings/meetings.html for the most up-to-date meeting agenda. Place: The meeting will be held both days at Dupont Hotel, 1500 New Hampshire Ave., NW., Washington, DC 20036, Phone: (202) 483 6000. Please check the SAB Web site https://www.sab.noaa.gov for confirmation of the venue and for directions. Status: The meeting will be open to public participation with a 30- minute public comment period on November 30 at 5:15 p.m. (check Web site to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Written comments should be received in the SAB Executive Director's Office by November 19, 2010 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after November 19, 2010, will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seats will be available on a first-come, first- served basis. Matters to be Considered: The meeting will include the following topics: (1) NOAA Overview, Background and Introduction to the Climate Service, including Responses to the Reviews and Reports from the SAB Climate Working Group; (2) Strategic Framework for the Climate Service; (3) Report on the Climate Service Study by the National Academy of Public Administration; (4) The Plan for NOAA Reorganization to Form the Climate Service and Strengthen Science; (5) The Future of NOAA Oceanic and Atmospheric Research; (6) NOAA Response to the Ecosystem Science and Management Working Group Recommendations on the Ocean Color Satellite Continuity Mitigation Study; (8) NOAA Response to the Ecosystem Sciences and Management Working Group Recommendations on the NOAA Coastal Strategy Initiative; (9) Report on the Review of the Cooperative Institute for Limnology and Ecosystems Research (CILER); (10) NOAA Cooperative Institutes: New CIs and New Models for CIs; (11) NOAA Education Programs: Results of the National Academy of Sciences Report; (12) NOAA Educational Partnership Program Cooperative Science Centers; (13) Update of the SAB Working Group Subcommittee and (14) Updates from SAB Working Groups.

The Regulatory Flexibility Act (RFA) requires that the National Marine Fisheries Service (NMFS) periodically review existing regulations that have a significant economic impact on a substantial number of small entities, such as small businesses, small organizations, and small governmental jurisdictions. This plan describes how NMFS will perform this review and describes the regulations that are being proposed for review during the current review-cycle.

The National Oceanic and Atmospheric Administration, on behalf of the interagency Estuary Habitat Restoration Council, is soliciting comments on the draft revision of the ``Estuary Habitat Restoration Strategy.''

NMFS is prohibiting directed fishing for Pacific ocean perch in the Central Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2010 allocation of Pacific ocean perch in this area allocated to vessels participating in the BSAI trawl limited access fishery.

NMFS is prohibiting directed fishing for Pacific ocean perch by vessels participating in the Amendment 80 limited access fishery in the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2010 Pacific ocean perch total allowable catch specified for vessels participating in the Amendment 80 limited access fishery in the Western Aleutian District of the BSAI.