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

The Social and Economic Sub-Committee of the Mid-Atlantic Fishery Management Council's (Council) Scientific and Statistical Committee (SSC) will meet with the Council's Squid, Mackerel, and Butterfish (SMB) Advisory Panel (AP).

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 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 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 is announcing a thirty-day comment period for the revised management plans and boundary amendments of the ACE Basin, SC National Estuarine Research Reserve and Old Woman Creek, OH National Estuarine Research Reserve. The revised management plan for the ACE Basin, SC National Estuarine Research Reserve outlines the administrative structure; the education, training, stewardship, and research programs of the reserve; and the plans for future land acquisition and facility development to support reserve operations. The objectives described in this plan address the most critical coastal issues in ACE Basin related to habitat conservation, water quality, community resilience, and public access. Since the last approved management plan in 1992, the reserve has become fully staffed; added a Coastal Training Program that delivers science-based information to key decisionmakers; and added significant monitoring of emergent marsh vegetation, water quality, and invasive species. In addition to programmatic and staffing advances, the reserve has constructed an interpretive center that houses educational exhibits, classrooms, offices, conference space, trails and dock with public access. A field station with lab facilities, research dock, and accommodations for visiting researchers has also been constructed. This management plan amends the boundary to include 4,687 acres of the Botany Bay Plantation located adjacent to the northeastern corner of Edisto Island in lower Charleston County, SC. The undeveloped coastal habitats of the plantation include maritime forest, coastal shrub, wetlands, tidal marshes and sand beaches. The property provides important habitat for numerous wildlife species, including critical nesting habitat for the Federally threatened loggerhead sea turtle and the State threatened least tern. The lands contain significant cultural resources and list several sites on the National Register of Historic Places. This management plan amends the boundary by also removing 40,089 acres of private lands previously counted in error. In total, the ACE Basin Reserve includes 99,308 acres designated for long term research, education and stewardship. This plan can be accessed for review at https://www.dnr.sc.gov/marine/NERR/. The revised management plan for the Old Woman Creek, OH National Estuarine Research Reserve contains the collective vision, mission, goals, and objectives of the reserve; updates the reserve boundary; as well as outlines plans for facility use and development to support reserve operations. The objectives described in this plan address the most critical coastal issues of the reserve related to water quality (non-point source pollution), invasive species, habitat loss and regional ecosystem impacts of climate change. 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 decisionmakers; and developed partnerships to continue to restore and protect land and waters in the Old Woman Creek watershed. In addition to programmatic and staffing advances, the reserve has completed construction of a new dormitory, boathouse, and administrative spaces. This management plan includes a boundary expansion of 2.2 acres. This land was incorporated with the State nature preserve in 2004 and is subject to all protection afforded by Ohio laws governing State nature preserves. The additional parcel is adjacent to the reserve's southwestern boundary and consists of early successional habitat (e.g., various Cornus sp.) and will become an area dominated by mixed hardwoods. Incorporating these lands increases the size of the reserve to 573 acres. This plan can be accessed for review at: https:// www.oldwomancreek.org.

NMFS, upon application from the Alaska Aerospace Corporation (AAC), is issuing regulations to govern the unintentional taking of small numbers of marine mammals incidental to rocket launches from the Kodiak Launch Complex (KLC) on Kodiak Island, AK. Issuance of regulations is required by the Marine Mammal Protection Act (MMPA) when the Secretary of Commerce (Secretary), after notice and opportunity for comment, finds, as here, that such takes will have a negligible impact on the species and stocks of marine mammals and will not have an unmitigable adverse impact on their availability for subsistence uses. These regulations do not authorize the AAC's rocket launch activities; such authorization is not within the jurisdiction of the Secretary. Rather, these regulations govern the issuance of Letters of Authorization (LOAs) for the unintentional and incidental take of marine mammals in connection with this activity and prescribe methods of taking and other means of effecting the least practicable adverse impact on marine mammal species and their habitat, and on the availability of the species for subsistence uses. In addition, NMFS incorporates reporting and monitoring requirements on these activities.

The Magnuson-Stevens Fishery Conservation and Management Act authorizes the Secretary of Commerce through NOAA to pay certain enforcement related costs from sums received as fines, penalties, and forfeitures of property for violations of any marine resource law enforced by the Secretary. Fines, penalties, and forfeitures of property received by NOAA are deposited in an enforcement asset forfeiture fund. NOAA finalized its policy on March 16, 2011, to clearly articulate prohibited and approved uses of these funds to ensure no conflict of interesteither real or perceivedassociated with its use while continuing to promote a sound enforcement program dedicated to conserving and protecting our nation's marine resources.

Notice is hereby given that NMFS has received a scientific research permit application request relating to salmonids listed under the Endangered Species Act (ESA). The proposed research is intended to increase knowledge of the species and to help guide management and conservation efforts. These documents are also available upon written request or by appointment by contacting NMFS by phone (707) 575-6097 or fax (707) 578-3435.

We (NMFS) announce a 90-day finding on a petition to list the Caribbean electric ray (Narcine bancroftii) as threatened or endangered under the ESA. We find that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted.

NMFS announces that it is establishing a control date of December 7, 2010, to control future access to the golden crab fishery operating in the exclusive economic zone (EEZ) of the South Atlantic. If changes to the management regime are developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), a control date could be used to limit the number of participants in the fishery. This announcement is intended, in part, to promote awareness of the potential eligibility criteria for future access so as to discourage speculative entry into the fishery while the South Atlantic Fishery Management Council (Council) and NMFS consider whether and how access to the golden crab fishery should be controlled.

This final rule changes the advance notification period for in-season closure of the main Hawaiian Islands (MHI) Deep-7 bottomfish fishery from 14 to 7 days. The intent of the change is to enhance administration of the fishery.

The Pacific Council and its advisory entities will hold public meetings.

On December 10, 2010, we, NMFS, published a proposed rule to list the Arctic (Phoca hispida hispida), Okhotsk (Phoca hispida ochotensis), Baltic (Phoca hispida botnica), and Ladoga (Phoca hispida ladogensis) subspecies of the ringed seal as threatened under the Endangered Species Act of 1973, as amended (ESA). As part of that proposal, we announced a public comment period to end on February 8, 2011, and then extended the comment period to March 25, 2011. NMFS has received requests for public hearings on this issue. In response, in a previous notice we announced public hearings to be held in Anchorage and Barrow, AK. In addition, in this notice NMFS is announcing a separate hearing that will be held in Nome, AK, to provide greater opportunity for public comment.

Notice is hereby given that NMFS has received four scientific research permit application requests relating to Pacific salmonids. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and help guide management and conservation efforts. The applications may be viewed online at: https:/ /apps.nmfs.noaa.gov/preview/previewopenforcomment.cfm

This proposed rule would modify the permitting and retention requirements for Atlantic highly migratory species (HMS) to address the incidental catch of North Atlantic swordfish in squid trawl fisheries, and the incidental catch of species in the smoothhound shark complex (which includes smooth dogfish and Florida smoothhound (genus Mustelus) in all Atlantic trawl fisheries. The action would reduce regulatory discards of incidentally-caught HMS in the Illex squid trawl fishery by establishing a new Incidental HMS Squid Trawl permit, and improve reporting and compliance with HMS regulations in Atlantic squid trawl fisheries. The proposed rule would also address regulatory discards of incidentally-caught species in the smoothhound shark complex by establishing a retention limit for smoothhound sharks in all Atlantic trawl fisheries. The proposed actions are necessary to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and to implement the 2006 Consolidated HMS Fishery Management Plan (Consolidated HMS FMP), including objectives in the FMP to monitor and control all components of fishing mortality, both directed and incidental, so as to ensure the long-term sustainability of HMS stocks, and to provide the data necessary for assessing HMS fish stocks and managing HMS, including addressing inadequacies in current data collection and the ongoing collection of economic and bycatch data in Atlantic HMS fisheries.

Notice is hereby given the following applicant has applied in due form for a modification to a permit (Permit No. 13330) taking smalltooth sawfish for purposes of scientific research: NMFS Southeast Fisheries Center (SEFSC) Bonnie Ponwith, PhD, Responsible Party; 75 Virginia Beach Drive, Miami, FL 33149.

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 in the agenda below.

We, NMFS, announce a correcting amendment to the Code of Federal Regulations to identify the Southern Resident killer whale (Orcinus orca) distinct population segment (DPS) as an endangered species under the Endangered Species Act of 1973 (ESA).

The Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration (NOAA AA), on behalf of the International Pacific Halibut Commission (IPHC), publishes annual management measures promulgated as regulations by the IPHC and approved by the Secretary of State governing the Pacific halibut fishery. The AA also announces modifications to the Catch Sharing Plan (CSP) for Area 2A (waters off the U.S. West Coast) and implementing regulations for 2011, and announces approval of the Area 2A CSP. These actions are intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Pacific Fishery Management Council (PFMC) and the North Pacific Fishery Management Council (NPFMC) (Councils).

The South Atlantic Fishery Management Council (Council) will hold a meeting of its Dolphin Wahoo Advisory Panel (AP) in North Charleston, SC.

The South Atlantic Fishery Management Council (Council) will hold a meeting of its Snapper Grouper Advisory Panel (AP) in Charleston, SC.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the ACE Basin (South Carolina) National Estuarine Research Reserve and the Georgia Coastal Management Program. The National Estuarine Research Reserve evaluation will be conducted pursuant to sections 312 and 315 of the CZMA and regulations at 15 CFR part 921, subpart E and part 923, subpart L. Evaluation of a National Estuarine Research Reserve requires findings concerning the extent to which a State has met the national objectives, adhered to its Reserve final management plan approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. 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. Each evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, State, and local agencies and members of the public. A public meeting will be held as part of the site visit. When the evaluation is completed, OCRM will place a notice in the Federal Register announcing the availability of the Final Evaluation Findings. Notice is hereby given of the dates of the site visits for the listed evaluations and the dates, local times, and locations of the public meetings during the site visits. Date and Time: The ACE Basin (South Carolina) National Estuarine Research Reserve evaluation site visit will be held May 2-6, 2011. One public meeting will be held during the week. The public meeting will be held on Wednesday, May 4, 2011, at 6:30 p.m. local time in the conference room at the Environmental Learning Center, Edisto Island State Park, Oyster Row Lane, Edisto Island, South Carolina. The Georgia Coastal Management Program evaluation site visit will be held May 23-27, 2011. One public meeting will be held during the week. The public meeting will be held on Wednesday, May 25, 2011, at 5:30 p.m. local time at the Shipman Environmental Center at the Georgia Department of Natural Resources Coastal Resources Division, One Conservation Way, Brunswick, Georgia.

The SEDAR assessments of the South Atlantic stock of black sea bass and golden tilefish will consist of a series of three workshops: A Data Workshop, an Assessment Workshop, and a Review Workshop. The Review Workshop date, time, and location will publish in a subsequent issue in the Federal Register.

NMFS issues this temporary rule pursuant to its authority to issue emergency measures under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This emergency action increases the butterfish allowable biological catch (ABC) for the 2011 fishing year from 1,500 mt to 1,811 mt, and applies the increase to the butterfish mortality cap in the Loligo squid fishery, based on the most recent and best available scientific information.

NMFS proposes to modify Atlantic bluefin tuna (BFT) base quotas for all domestic fishing categories; establish BFT quota specifications for the 2011 fishing year; reinstate pelagic longline target catch requirements for retaining BFT in the Northeast Distant Gear Restricted Area (NED); amend the Atlantic tunas possession at sea and landing regulations to allow removal of Atlantic tunas tail lobes; and clarify the transfer at sea regulations for Atlantic tunas. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS solicits written comments and will hold public hearings to receive oral comments on these proposed actions.

Notice is hereby given that the Alaska SeaLife Center (ASLC), Seward, AK, has applied for a permit to conduct research on Weddell seals (Leptonychotes weddellii).