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

NMFS issues this proposed rule to implement Amendment 17B to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This proposed rule would, for South Atlantic snapper-grouper, establish annual catch limits (ACLs), and accountability measures (AMs) for eight snapper- grouper species undergoing overfishing; modify management measures to limit total mortality of those species to the ACL; and add ACLs, annual catch targets (ACTs), and AMs to the management measures that may be amended via the framework procedure. This proposed rule is intended to address overfishing of eight snapper-grouper species while maintaining catch levels consistent with achieving optimum yield.

On September 28, 2010, a notice was published in the Federal Register (75 FR 59687) on the proposed information collection, Comprehensive Data Collection on Fishing Dependence of Alaska Communities. Under the heading FOR FURTHER INFORMATION CONTACT, the e-mail address is corrected to read Amber.Himes@noaa.gov. All other information in the notice is correct and remains unchanged.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Habitat/MPA/Ecosystem Committee and Plan Development Team in October 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.

This notice updates information relative to the SEDAR 21 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.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) has made a preliminary determination that an EFP application from the University of New England (UNE) contains all the required information and warrants further consideration. The EFP would allow three commercial fishing vessels to possess spiny dogfish (dogfish) during Federal quota closures in support of a study on their reproductive biology. The Assistant Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Spiny Dogfish Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on EFP applications.

The Gulf of Mexico Fishery Management Council (GMFMC) will convene public meetings.

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.

We, the National Marine Fisheries Service (NMFS), announce our 90-day finding and 12-month determination on how to proceed with a petition to revise critical habitat for the North Atlantic right whale (Eubalaena glacialis) pursuant to the Endangered Species Act of 1973, as amended (ESA). The petition seeks to revise the existing critical habitat designation by expanding the areas designated as critical feeding and calving habitat areas for the North Atlantic right whale. Additionally, the petition seeks to include a migratory corridor as part of the critical habitat designation for the North Atlantic right whale. Our 90-day finding is that the petition, in conjunction with the information readily available in our files, presents substantial scientific information indicating that the requested revision may be warranted. Our 12-month determination on how to proceed with the petition is that we intend to continue our ongoing rulemaking process with the expectation that a proposed critical habitat rule for the North Atlantic right whale will be submitted to the Federal Register for publication in the second half of 2011.

NMFS issues a final rule to implement Amendments 95 and 96 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI) and Amendment 87 to the FMP for Groundfish of the Gulf of Alaska (GOA), (collectively referred to as ``the FMPs''). Amendment 95 moves skates from the ``other species'' category to the ``target species'' category in the FMP. Amendments 96 and 87 revise the FMPs to meet the National Standard 1 guidelines for annual catch limits and accountability measures. These amendments move all remaining species groups from the ``other species'' category to the ``target species'' category, remove the ``other species'' and ``non- specified species'' categories from the FMPs, establish an ``ecosystem component'' category, and describe the current practices for groundfish fisheries management in the FMPs, as required by the guidelines. The final rule removes references to the ``other species'' category for purposes of the harvest specifications and adds skate species to the reporting codes for the BSAI groundfish fisheries. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMPs, and other applicable laws.

This announcement provides notice that the decision record for an administrative appeal filed with the Secretary of Commerce (Secretary) by Pan American Grain Co. (Pan American) has closed. No additional information, briefs, or comments (not previously submitted and made part of the decision record prior to closure) will be considered by the Secretary in deciding the appeal.

SEDAR will hold a meeting of the spiny lobster update assessment review panel. The meeting will be held in Key West, FL. See SUPPLEMENTARY INFORMATION.

In 2007, a Status Review Team (SRT) consisting of Federal biologists from NMFS, U.S. Geological Survey (USGS), and U.S. Fish and Wildlife Service (USFWS) completed a status review report on Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) in the United States. We, NMFS, have reviewed this status review report and all other best available information to determine if listing Atlantic sturgeon under the Endangered Species Act (ESA) as either threatened or endangered is warranted. The SRT recommended that Atlantic sturgeon in the United States be divided into the following five distinct population segments (DPSs): Gulf of Maine; New York Bight; Chesapeake Bay; Carolina; and South Atlantic, and we agree with this DPS structure. After reviewing the available information on the Carolina and South Atlantic DPSs, the two DPSs located within the NMFS Southeast Region, we have determined that listing these two DPSs as endangered is warranted. Therefore, we propose to list these two DPSs as endangered under the ESA. We have published a separate listing determination for the DPSs within the NMFS Northeast Region in today's Federal Register.

Notice is hereby given that the North Carolina Aquarium at Fort Fisher, North Carolina Department of Environment and Natural Resources, Atlantic Beach, NC, 28512 [Hap Fatzinger, Responsible Party], has applied in due form for a permit to hold shortnose sturgeon (Acipenser brevirostrum) for the purposes of enhancement.

NMFS has received an application from the NOAA Restoration Center, Southwest Region, for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to the Parsons Slough Sill Project. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to the NOAA Restoration Center, Southwest Region, to take, by Level B Harassment only, small numbers of harbor seals (Phoca vitulina richardsi) during the specified activity.

Notice is hereby given that NMFS has issued four permits and a permit amendment to conduct research on marine mammals or sea turtles. See SUPPLEMENTARY INFORMATION for additional information regarding permittees.

This final rule makes inseason adjustments to commercial fishery management measures for several groundfish species taken in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California. These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), are intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks and to prevent exceeding 2010 optimum yields.

The National Marine Fisheries Service (NMFS) announces its intent to prepare a Programmatic Environmental Impact Statement (PEIS) to analyze the environmental impacts of implementing specific management actions and administering the associated research and enhancement program for Hawaiian monk seals (Monachus schauinslandi) in the Northwestern and Main Hawaiian Islands. Publication of this notice begins the official public scoping process that will help identify alternatives and determine the scope of environmental issues to be considered in the PEIS.

Notice is hereby given that National Ocean Service Marine Forensic Lab (NOS Lab, Julie Carter, Principal Investigator), 219 Fort Johnson Road, Charleston, SC 29412, has been issued a modification to scientific research Permit No. 13599.

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.

NMFS is implementing Amendments 20 and 21 to the Pacific Coast Groundfish Fishery Management Plan (FMP), which were partially approved by the Secretary on August 9, 2010. Amendment 20 establishes a trawl rationalization program for the Pacific Coast groundfish fishery. Amendment 20's trawl rationalization program consists of: an individual fishing quota (IFQ) program for the shorebased trawl fleet (including whiting and non-whiting sectors); and cooperative (coop) programs for the at-sea (whiting only) mothership and catcher/processor 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 establishes fixed allocations for limited entry trawl participants. These allocations are intended to improve management under the rationalization program by streamlining its administration, providing stability to the fishery, and addressing halibut bycatch. This rule finalizes only certain key components necessary for issuance of permits and endorsements in time for use in the 2011 fishery and in order to have the 2011 specifications reflect the new allocation scheme. Specifically, this rule establishes the allocations set forth under Amendment 21 and establishes procedures for initial issuance of permits, endorsements, quota shares (QS), and catch history assignments under the IFQ and coop programs. In addition, this rule restructures the entire Pacific Coast groundfish regulations to more closely track the organization of the proposed management measures and to make the total groundfish regulations more clear.

The Gulf of the Farallones National Marine Sanctuary (GFNMS) has developed a draft environmental assessment (EA) pursuant to the National Environmental Policy Act (42 U.S.C. 4321, et seq.) to analyze the potential impacts of issuing a research permit that would allow the attraction and approach of white sharks in the sanctuary. The purpose of the proposed study is to improve our knowledge of the full migratory cycle of white sharks by attaching location transmitters to up to eleven (11) white sharks that seasonally visit the sanctuary. The EA is available for download on the web site: https://farallones.noaa.gov/eco/ sharks/pdf/eamcsipermit2009.pdf.

NMFS closes the commercial sector for black sea bass in the exclusive economic zone (EEZ) of the South Atlantic. NMFS has determined that the quota for the commercial sector for black sea bass will have been reached by October 7, 2010. This closure is necessary to protect the black sea bass resource.

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS issued an Incidental Harassment Authorization (IHA) to the U.S. Geological Survey (USGS) for the take of small numbers of marine mammals, by Level B harassment, incidental to conducting a marine seismic survey in the Arctic Ocean during August to September, 2010.

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce has approved the revised management plans of the Arraigns Bay, RI National Estuarine Research Reserve and the Tijuana River, CA National Estuarine Research Reserve. The Arraigns Bay, RI Reserve plan calls for an expansion to their boundary and the Tijuana River, CA Reserve plan calls for a reduction to their boundary. The revised management plan for the Arraigns Bay, RI National Estuarine Research Reserve outlines the administrative structure; the education, training, stewardship, and research goals of the reserve; and the plans for future land acquisition and facility development to support reserve operations. The objectives described in this plan are designed to address the most critical coastal issues in Arraigns Bay such as wastewater and storm water management, coastal and watershed development, and invasive species management. Since the last approved management plan in 1998, the reserve has become fully staffed; added a coastal training program that delivers science-based information to key decision makers; and added significant monitoring of invasive species, water quality, fish and bird populations. In addition to programmatic and staffing advances, the reserve upgraded visiting research facilities, space available for education and storage, and has increased the availability of dock space for research and educational programming. This management plan calls for a boundary expansion of 156 acres. The lands consist of one 128 acre parcel on the northern end of Prudence Island that is adjacent to current reserve property and the addition of the 28 acre Dyer Island. Dyer Island habitats include coastal brush, salt marsh, cobble beaches, and both hard and soft substrate submerged lands. The island is considered a critical bird rookery and hosts an unusual amount of macro algal diversity and rare examples of un ditched salt marsh habitat. The 128 acre Ballard Property on Prudence Island consists of forested land with early succession al shrub land and grassland communities as well as an important freshwater creek and the associated wetlands. The Dyer Island property will provide opportunities for research and passive recreation while the easily accessed Prudence Island parcel will be appropriate for education, recreation, and upland research purposes. This plan can be accessed at https://www.nbnerr.org or nerrs.noaa.gov. The revised management plan for the Tijuana River, CA National Estuarine Research Reserve outlines a framework of overarching goals and program specific objectives that will guide the education, training, stewardship, and research programs of the reserve; updates the reserve boundary; proposes criteria for boundary expansion activities through acquisition and/or mitigation; as well as outlines plans for facility use and development to support reserve operations. The goals described in this plan are designed to provide a framework that supports program integration for collaborative management in a highly urbanized bi-national watershed. Since the last approved management plan in 2000, the reserve has become fully staffed; added a coastal training program that delivers science-based information to key decision makers; developed a robust volunteer program that provides broad support to Reserve programs; added a bi-nationally focused Watershed Program; completed habitat restoration projects to improve estuary function; improved management of sediment delivery to the estuary; and constructed facilities to support essential functions of the reserve including interpretive structures, staff offices, and an on-site laboratory. This management plan amends the boundary of the reserve to be 2,293 acres, 238 acres less, in part as a result of excluding the Border Infrastructure System completed since the last approved management plan. This plan can be accessed at trnerr.org/visitorscenter.html or nerrs.noaa.gov.

This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Sea Grant Advisory Board (Board). Board members will discuss and provide advice on the National Sea Grant College Program in the areas of program evaluation, strategic planning, education and extension, science and technology programs, and other matters as described in the agenda found on the National Sea Grant College Program Web site at https://www.seagrant.noaa.gov/leadership/ advisory_board.html.