National Oceanic and Atmospheric Administration October 2011 – Federal Register Recent Federal Regulation Documents

This proposed rule would establish opening dates and adjust quotas for the 2012 fishing season for the Atlantic commercial shark fisheries. Quotas would be adjusted based on any over- and/or underharvests experienced during the 2010 and 2011 Atlantic commercial shark fishing seasons. In addition, NMFS proposes season openings based on previously implemented adaptive management measures to provide, to the extent practicable, fishing opportunities for commercial shark fishermen in all regions and areas. The proposed measures could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic, including the Gulf of Mexico and Caribbean.

This final rule announces inseason changes to management measures in the commercial Pacific Coast groundfish fisheries. 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.

This final rule increases catch limits in the Northeast skate fishery for the remainder of the 2011 fishing year. The increases are supported by the latest scientific information that shows significant increases in the abundance of skates, and are intended to provide a significant economic opportunity while still protecting skates from overfishing.

The Catch Share Panel of the Caribbean Fishery Management Council will hold a public meeting to discuss the issues contained in the enclosed agenda. Dates and Addresses: The meeting will be held on November 30, 2011, from 7 p.m. to 9 p.m., at the Rincon Beach Hotel, Rd. 115, km 5.5, A[ntilde]asco, Puerto Rico 00610.

NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to limit incidental catch of octopus by vessels using pot gear to fish for Pacific cod the BSAI.

The New England Fishery Management Council (Council) will hold a three-day meeting on November 15-17, 2011 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

We, the National Marine Fisheries Service (NMFS), hereby designate critical habitat for the endangered black abalone under the Endangered Species Act (ESA). This designation includes approximately 360 square kilometers of rocky intertidal and subtidal habitat within five segments of the California coast between the Del Mar Landing Ecological Reserve to the Palos Verdes Peninsula, as well as on the Farallon Islands, A[ntilde]o Nuevo Island, San Miguel Island, Santa Rosa Island, Santa Cruz Island, Anacapa Island, Santa Barbara Island, and Santa Catalina Island. This designation includes rocky intertidal and subtidal habitats from the mean higher high water (MHHW) line to a depth of -6 meters (m) (relative to the mean lower low water (MLLW) line), as well as the coastal marine waters encompassed by these areas. We are not designating the specific area from Corona Del Mar State Beach to Dana Point, California, because we conclude that the economic benefits of exclusion from the critical habitat designation outweigh the benefits of inclusion and that exclusion of this specific area will not result in the extinction of the species. We also conclude that two of the specific areas proposed for designation (San Nicolas Island and San Clemente Island) are no longer eligible for designation, based on determinations that the U.S. Navy's revised integrated natural resource management plans (INRMPs) for these areas provide benefits to black abalone.

NMFS has received a complete and adequate application from the United States Army Corps of Engineers, San Francisco District (USACE), on behalf of the Port of San Francisco (Port), for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to pile driving during construction of the Brannan Street Wharf. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing to issue an IHA to incidentally harass, by Level B harassment, four species of marine mammals during the specified activity within a specific geographic region and is requesting comments on its proposal.

This final rule implements measures that were approved in Framework Adjustment 7 to the Monkfish Fishery Management Plan. The New England Fishery Management Council and Mid-Atlantic Fishery Management Council developed Framework Adjustment 7 to adjust the annual catch target for the Northern Fishery Management Area to be consistent with the most recent scientific advice regarding the acceptable biological catch for monkfish. The New England Council's Scientific and Statistical Committee recommended a revision to the acceptable biological catch based on information from the 50th Northeast Regional Stock Assessment Review Committee. Framework Adjustment 7 specifies a new days-at-sea allocation and trip limits for the Northern Fishery Management Area consistent with the new annual catch target, and establishes revised biomass reference points for the Northern and Southern Fishery Management Areas.

NMFS is prohibiting directed fishing for Pacific cod by pot catcher/processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2011 Pacific cod total allowable catch (TAC) specified for pot catcher/ processors in the BSAI.

The ONMS is seeking applications for the following vacant seats on the Cordell Bank National Marine Sanctuary Advisory Council: Education, Primary and Alternate seats; Fishing, Primary and Alternate seats; Research, Alternate seat; Community-at-Large Mann County, Alternate seat; Community-at-Large Sonoma County, Alternate seat. 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.

NMFS is reallocating the projected unused amounts of the 2011 crab prohibited species catch (PSC) allowances from the Bering Sea and Aleutian Islands trawl limited access sector to the Amendment 80 cooperatives in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the Amendment 80 cooperatives to fully harvest their 2011 groundfish allocations.

NMFS adjusts the 2011 Fishing Year sub-annual catch limit for Atlantic Herring Management Area 1A due to an under-harvest in the New Brunswick weir fishery. This action complies with the 2010-2012 specifications and management measures for the Atlantic Herring Fishery Management Plan.

NMFS proposes regulations to implement the Generic Annual Catch Limits/Accountability Measures Amendment (Generic ACL Amendment) to the Reef Fish Resources, Red Drum, Shrimp, and Coral and Coral Reefs Fishery Management Plans for the Gulf of Mexico (FMPs) as prepared and submitted by the Gulf of Mexico Fishery Management Council (Council). If implemented, this rule would allow management of selected species by other Federal and/or state agencies; remove species not currently in need of Federal management from the FMPs; develop species groups; modify framework procedures; establish annual catch limits (ACLs); and establish accountability measures (AMs). The intent of this rule is to specify ACLs for species not undergoing overfishing while maintaining catch levels consistent with achieving optimum yield (OY) for the resource.

The Mid-Atlantic Fishery Management Council's (Council) Ecosystem and Ocean Planning Committee will hold a public meeting.

NMFS is soliciting public comment on an exempted fishing permit application that would exempt one commercial fishing vessel from the Atlantic surfclam and ocean quahog Georges Bank Closure Area to continue testing the safety and efficacy of harvesting Atlantic surfclams and ocean quahogs from the closure area. This would be a continuation of a research project that has been ongoing since 2006. NMS has made a preliminary determination that the exempted fishing permit application contains all of the required information and warrants further consideration.

This document corrects an October 7, 2011, notice that announced the stock status of several Atlantic shark stocks and announced NMFS' intent to amend the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) via the rulemaking process to rebuild these shark stocks and end overfishing, as necessary. The notice provided an incorrect date for a scoping meeting held in Galloway, NJ. This document provides the correct date. The address and time for the scoping meeting remain the same. Although the meeting already occurred, it is important that the date be accurate for HMS' records.

Notice is hereby given that Thomas A. Jefferson, PhD, Clymene Enterprises, 5495 Camino Playa Malaga, San Diego, CA 92124, has applied in due form for a permit to conduct research on nine cetacean species off the California coast.

NMFS proposes regulations to implement Amendment 18 to the Fishery Management Plan for the Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region (FMP), as prepared and submitted by the Gulf of Mexico (Gulf) and South Atlantic Fishery Management Councils (Councils). If implemented, this rule would remove species from the FMP; modify the framework procedures; establish two migratory groups for cobia; establish annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs) for king mackerel, Spanish mackerel, and cobia. In addition, Amendment 18 would set allocations for Atlantic cobia and establish control rules for king mackerel, Spanish mackerel, and cobia. The intent of this rule is to specify ACLs for species not undergoing overfishing while maintaining catch levels consistent with achieving optimum yield (OY) for the resource.

NMFS, Alaska Region, will present a workshop on seaLandings, a consolidated electronic means of reporting landings and production of commercial groundfish to multiple management agencies for Federal and State fisheries off Alaska, and 2012 recordkeeping and reporting requirements for the Alaska groundfish fisheries and Individual Fishing Quota fisheries.

The National Oceanic and Atmospheric Administration (NOAA) is proposing to add five additional discrete geographical areas to the sanctuary and change the name of the Fagatele Bay National Marine Sanctuary (FBNMS or sanctuary) to the American Samoa National Marine Sanctuary. NOAA also proposes to amend existing sanctuary regulations and apply these regulations to activities in the sanctuary.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an exempted fishing permit application contains all of the required information and warrants further consideration. This permit would allow two commercial fishing vessels to test the economic viability of using electric rod and reel gear to target pollock in the Western Gulf of Maine Closure Area and to temporarily retain undersized catch for measurement and data collection. The study would be conducted by the School for Marine Science and Technology at the University of Massachusetts, Dartmouth. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed exempted fishing permits.

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.

The National Climate Assessment and Development Advisory Committee (NCADAC) were established by the Secretary of Commerce under the authority of the Global Change Research Act of 1990 to synthesize and summarize the science and information pertaining to current and future impacts of climate. Time and Date: The meeting will be held November 16 from 9 a.m. to 5:30 p.m. and November 17, 2011, from 9 a.m. to 3 p.m. These times are subject to change. Please refer to the Web page https:// www.nesdis.noaa.gov/NCADAC/ for changes and for the most up- to-date meeting agenda. Place: The meeting will be held at the NOAA Earth System Research LaboratoryDavid Skaggs Research Center (DSRC), 325 Broadway, Boulder, CO 80305-3337. Please check the Web site https://www.nesdis.noaa.gov/ NCADAC/ for confirmation of the venue and for directions. Status: Seating will be available on a first come, first served basis. Members of the public must RSVP in order to attend all or a portion of the meeting by contacting the NCADAC DFO (Cynthia.Decker@noaa.gov) by November 1, 2011. The meeting will be open to public participation with a 30 minute public comment period on November 16 at 5 p.m. (check Web site to confirm time). The NCADAC 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. Individuals or groups planning to make a verbal presentation should contact the NCADAC DFO (Cynthia.Decker@noaa.gov) by November 10, 2011 to schedule their presentation. Written comments should be received in the NCADAC DFO's Office by November 10, 2011 to provide sufficient time for NCADAC review. Written comments received by the NCADAC DFO after November 10, 2011 will be distributed to the NCADAC, but may not be reviewed prior to the meeting date. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Dr. Cynthia Decker (301-563- 6162, Cynthia.Decker@noaa.gov) by November 1, 2011.

The National Oceanic and Atmospheric Administration's (NOAA's) Damage Assessment, Remediation, and Restoration Program (DARRP) is announcing new indirect cost rates on the recovery of indirect costs for its component organizations involved in natural resource damage assessment and restoration activities for fiscal years (FY) 2009 and 2010. The indirect cost rates for these fiscal years and dates of implementation are provided in this notice. More information on these rates and the DARRP policy can be found at the DARRP web site at http:/ /www.darrp.noaa.gov. This notice is a republication of the notice published October 3, 2011 (76 FR 61089) with corrections made to the table of indirect cost rates.