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

NMFS announces that the State of North Carolina is transferring a portion of its 2011 commercial summer flounder quota to the Commonwealth of Virginia and the State of New Jersey. Virginia is also transferring a portion of its 2011 commercial summer flounder quota to New Jersey. Vessels from North Carolina were authorized by Virginia to land summer flounder under safe harbor provisions, thereby requiring a quota transfer to account for an increase in Virginia's landings that would have otherwise accrued against the North Carolina quota. Additionally, a vessel experiencing mechanical problems was authorized to land in New Jersey, prompting a quota transfer from North Carolina and Virginia to account for an increase in landings in New Jersey. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

NMFS proposes regulations to implement a fishing capacity reduction program and an industry fee system to repay a $23.5 million loan for the Southeast Alaska Purse Seine Salmon Fishery (Reduction Fishery). The fee system involves future landings of the Reduction Fishery. This action's intent is to permanently reduce the most fishing capacity at the least cost and establish the fee system.

The New England Fishery Management Council's (Council) Groundfish Committee, Plan Development Team and Advisory Panel will hold a workshop to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

NMFS has received a request from the Monterey Bay National Marine Sanctuary (MBNMS or sanctuary) for an incidental harassment authorization (IHA) to take small numbers of marine mammals incidental to permitting professional fireworks displays within the sanctuary in California waters. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to MBNMS to take, by Level B harassment only, two species of marine mammals during the specified activity.

This final rule establishes the 2011 fishery harvest specifications for Pacific whiting in the U.S. exclusive economic zone (EEZ) and state waters off the coasts of Washington, Oregon, and California, as authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP). These specifications include the overfishing level (OFL), catch limits, and allocations for the non-tribal commercial sectors. This final rule also announces the tribal allocation of Pacific whiting for 2011.

The Gulf of Mexico Fishery Management Council will convene a Web based meeting of the Socioeconomic Panel.

This final rule implements approved measures in Framework Adjustment 1 to the Northeast Skate Complex Fishery Management Plan (Skate FMP). Framework Adjustment 1 was developed by the New England Fishery Management Council (Council) to adjust the possession limits for the skate wing fishery in order to slow the rate of skate wing landings, so that the available Total Allowable Landings limit (TAL) is taken by the fishery over a longer duration in the fishing year (FY) than occurred in FY 2010, thus ensuring a steady market supply. The action would also allow vessels that process skate wings at sea to land skate carcasses for sale into the bait market, without counting the carcass landings against the TAL (skate wings are already converted to live weight for monitoring). Although recommended by the Council as part of Framework 1, this final rule announces that NMFS has disapproved a proposal to increase the incidental possession limit for skate wings that would apply after the skate wing possession limit trigger is reached. This final rule does not adjust the skate fishery specifications for FY 2011.

Notice is hereby given that Rebecca Dickhut, Ph.D., Virginia Institute of Marine Science, P.O. Box 1346, Route 1208 Greate Road, Gloucester Point, VA 23062, has applied in due form for a permit to import marine mammal parts for scientific research.

This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has determined that Pacific bluefin tuna, (Thunnus orientalis) which is jointly managed by the Pacific Fishery Management Council (Pacific Council) and the Western Pacific Fishery Management Council (Western Pacific Fishery Management Council (Western Pacific Council), is subject to overfishing. NMFS notifies the appropriate fishery management council (Council) whenever it determines that; overfishing is occurring, a stock is in an overfished condition, or a stock is approaching an overfished condition.

We (FWS and NMFS; also collectively referred to as the Services) propose to revise regulations related to publishing textual descriptions of proposed and final critical habitat boundaries in the Federal Register for codification in the Code of Federal Regulations. In the interest of making the process of designating critical habitat more user-friendly for affected parties, the public as a whole, and the Services, as well as more efficient and cost effective, we are proposing to maintain the publication of maps of proposed and final critical habitat designations, but make optional the inclusion of any textual description of the boundaries of the designation in the Federal Register for codification in the Code of Federal Regulations. The boundaries of critical habitat as mapped or otherwise described in the Regulation Promulgation section of a rulemaking that is published in the Federal Register will be the official delineation of the designation, and we will continue to provide the public with additional tools, such as interactive maps and additional descriptions, on the Services' Internet sites, Regulations.gov, and at local field offices that will represent the Service's interpretation of which areas are covered by the designation. We are undertaking this effort as part of the agencies' response to Executive Order 13563 (Jan. 18, 2011) directing agencies to review their existing regulations and, inter alia, to modify or streamline them in accordance with what has been learned.

The Steering Committee for the National Fish, Wildlife, and Plants Climate Adaptation Strategy will be holding its second meeting. This meeting will focus on the progress of the Strategy's Technical Teams and stakeholder engagement.

The Pacific Fishery Management Council (Pacific Council) will convene a conference call of the Groundfish Essential Fish Habitat Review Committee (EFHRC) that is open to the public.

Notice is hereby given that the Commonwealth of the Northern Mariana Islands (CNMI) Division of Fish and Wildlife, (Ignacion dela Cruz, Responsible Party), has applied in due form for a permit to take green (Chelonia mydas) and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the Alaska Aerospace Corporation (AAC) to take two species of seals and sea lions incidental to space vehicle and missile launch operations at the Kodiak Launch Complex (KLC) in Kodiak, Alaska.

This final rule establishes the 2011-2012 harvest specifications for most of the species in the groundfish fishery and management measures for that fishery off the coasts of Washington, Oregon, and California consistent with the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Pacific Coast Groundfish Fishery Management Plan (PCGFMP). This rule also establishes, under emergency authority in section 305 of the Magnuson-Stevens Act (MSA), harvest specifications for eight overfished species, and for flatfish. Emergency authority is being invoked to implement measures that were included in Amendment 16-5 to the PCGFMP, which NMFS disapproved in December 2010. These include a new rebuilding plan for petrale sole, revised rebuilding plans for the remaining seven overfished species, and revised status determination criteria and precautionary harvest control rule for flatfish.

Notice is hereby given that NMFS has received five scientific research permit application requests relating to Pacific salmon, the southern Distinct Population Segment of eulachon, and Puget Sound/ Georgia Basin rockfish. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts.

The Mid-Atlantic Fishery Management Council's (Council) Squid, Mackerel, Butterfish Monitoring Committee will hold a public meeting.

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.

NMFS has received an application from the Lamont-Doherty Earth Observatory of Columbia University (L-DEO) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to conducting a marine geophysical survey in the western Gulf of Alaska (GOA), June to August, 2011. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to L-DEO to incidentally harass, by Level B harassment only, 16 species of marine mammals during the specified activity.

This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined under SUPPLEMENTARY INFORMATION below.

The Gulf of Mexico Fishery Management Council will convene a meeting of the Vessel Monitoring System (VMS) Advisory Panel.

The Scientific and Statistical Committee (SSC) of the Mid- Atlantic Fishery Management Council (Council) Meeting.

This notice announces that PacifiCorp Energy (PacifiCorp or applicant) has submitted to the National Marine Fisheries Service (NMFS) an application for an incidental take permit under the Endangered Species Act of 1973, as amended (ESA), for a 10-year period. As required by the ESA, PacifiCorp has also prepared a Habitat Conservation Plan (Plan) as part of the application. The application and Plan address potential incidental take of one ESA-listed species as a result of operation and maintenance of the Klamath Hydroelectric Project (Project) in and near the Klamath River in Southern Oregon and Northern California and implementation of the Plan during a 10-year period. This notice also announces the availability of a draft Environmental Assessment (EA) related to the requested permit, the proposed Plan, and the corresponding Implementing Agreement (IA) for public review and comment.

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.

Notice is hereby given that Jennifer Burns, Ph.D., University of Alaska Anchorage, Biology Department, 3101 Science Circle, Anchorage, AK, has been issued a permit to conduct scientific research on marine mammal parts.