National Oceanic and Atmospheric Administration 2012 – Federal Register Recent Federal Regulation Documents

NMFS announces that the date of the Atlantic Shark Identification workshop originally scheduled for August 9, 2012, in Rosenberg, TX, has been changed to August 16, 2012. This workshop notice originally published on June 4, 2012. The August 16, 2012, workshop will be held from 12 p.m. to 4 p.m. at LaQuinta Inn & Suites, 28332 SW Freeway 59, Rosenberg, TX 77471. The July and September workshop dates remain unchanged. Atlantic Shark Identification workshops are mandatory for Atlantic Shark Dealer permit holders or their proxies. Additional free workshops will be held in 2012, and announced in the Federal Register.

The North Pacific Fishery Management Council's (Council) Steller Sea Lion Mitigation Committee (SSLMC) will meet July 16-17, 2012, in Seattle, WA, 9 a.m. through 5 p.m. Pacific time.

NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Dr. Chris Koenig (Florida State University) and Dr. Chris Stallings (University of South Florida). If granted, the EFP would authorize the applicants to use trained for-hire fishermen to be able to temporarily possess goliath grouper for non-lethal sampling during the course of their normal fishing activities. This non-lethal sampling would include measuring, tagging, and removing a portion of the goliath grouper dorsal fin rays before releasing the live fish. The intent of this study is to provide regional age structure of recovering goliath grouper populations for fish stock assessments.

We have received an application from United Launch Alliance, for an Incidental Harassment Authorization to take marine mammals, by harassment, incidental to conducting Delta Mariner operations, cargo unloading activities, and harbor maintenance activities at south Vandenberg Air Force Base, CA. United Launch Alliance is requesting an Authorization per the Marine Mammal Protection Act. We are requesting comments on our proposal to issue an Incidental Harassment Authorization to United Launch Alliance to incidentally harass, by Level B harassment only, three species of marine mammals during their specified activities from September 2012, through August 2013.

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 continuing information collections, as required by the Paperwork Reduction Act of 1995.

NMFS announces a seventh public hearing to be held in Port Orange, FL on July 6, 2012, to answer questions and receive public comments on the proposed rule to withdraw the alternative tow time restriction and require all skimmer trawls, pusher-head trawls, and wing nets (butterfly trawls) rigged for fishing to use turtle excluder devices (TEDs) in their nets, which was published in the Federal Register on May 10, 2012. In the proposed rule, we announced five public hearings to be held in Morehead City, NC, Larose, LA, Belle Chasse, LA, D'Iberville, MS, and Bayou La Batre, AL, and on June 22, 2012 we announced an additional public hearing in Miami, FL.

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 Monday, July 16, 2012 from 9 a.m. to 5:30 p.m. and Tuesday, July 17, 2012 from 8:30 a.m. to 2:30 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 at the NOAA Pacific Marine Environmental Laboratory, 7600 Sand Point Way NE., Seattle, Washington 98115. Please check the SAB Web site https://www.sab.noaa.gov for directions to the meeting location. Status: The meeting will be open to public participation with a 15 minute public comment period on July 16 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. Individuals or groups planning to make a verbal presentation should contact the SAB Executive Director by July 9, 2012 to schedule their presentation. Written comments should be received in the SAB Executive Director's Office by July 9, 2012 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after July 9, 2012 will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seating at the meeting will be available on a first- come, first-served basis. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for special accommodations may be directed no later than 12 p.m. on July 9, 2012, to Dr. Cynthia Decker, SAB Executive Director, SSMC3, Room 11230, 1315 East-West Hwy., Silver Spring, MD 20910. Matters to be Considered: The meeting will include the following topics: (1) Ocean Exploration Advisory Working Group Report on Review of the Ocean Exploration Program; (2) Update from the SAB Research and Development Portfolio Review Task Force; (3) Update from the SAB Satellite Task Force (4) Update on the NOAA Response to SAB Report on Integrated Ecosystem Assessments: Draft Guidelines for Integrated Ecosystem Assessments; (5) Update on Use of the NOAA Logo; (7) Updates from SAB Working Groups; (8) Science Presentations from the NOAA Alaska and Northwest Fisheries Science Centers; the NOAA Pacific Marine Environmental Laboratory and the NOAA Office of Response and Restoration.

NMFS proposes to adjust the regulations governing the trade of tuna and tuna-like species in the North and South Atlantic Ocean to implement recommendations adopted at the 2011 meeting of the International Commission for the Conservation of Atlantic Tunas (Commission). The proposed rule would lift the trade restrictions on importing bigeye tuna from Bolivia and Georgia. Additionally, the proposed rule would make administrative changes to the section containing species-specific harmonized tariff codes in support of the International Trade Program.

Based on the final Northeast multispecies sector rosters submitted as of May 1, 2012, NMFS is adjusting the fishing year 2012 specification of annual catch limits for commercial groundfish vessels as well as sector annual catch entitlements for groundfish stocks. This revision to fishing year 2012 catch levels is necessary to account for changes in the number of participants electing to fish in either sectors or the common pool fishery.

Notice is hereby given that the NMFS Pacific Islands Fisheries Science Center (PIFSC; Samuel Pooley, Ph.D., 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.

This document announces the availability of the Final Environmental Impact Statement (EIS) on the applications from the Fruit Growers Supply Company (FGS) for Incidental Take Permits (ITPs) and a multi-species Habitat Conservation Plan (HCP) for take of endangered and threatened species in accordance with the Endangered Species Act of 1973, as amended (ESA). The National Marine Fisheries Service and the Fish and Wildlife Service (Services) and FGS have also developed an Implementing Agreement (IA) which details how the Services and FGS will work together to implement the HCP. The applicant seeks the ITPs to authorize incidental take of the covered species during forest management and timber harvest in Siskiyou County, CA, where FGS owns lands, during the term of the proposed 50-year ITPs and HCP. This document is provided under National Environmental Policy Act regulations to inform the public that the Final EIS and multi-species HCP, and the Services' responses to public comments are available for review, and that we have filed the Final EIS with the U.S. Environmental Protection Agency (EPA) for public notice. The Services will not make a decision on issuing ITPs to FGS sooner than 45 days after publication of EPA's notice.

NMFS announces a sixth public hearing to be held in Miami, FL on July 6, 2012, to answer questions and receive public comments on the proposed rule to withdraw the alternative tow time restriction and require all skimmer trawls, pusher-head trawls, and wing nets (butterfly trawls) rigged for fishing to use turtle excluder devices (TEDs) in their nets, which was published in the Federal Register on May 10, 2012. In the proposed rule, we announced five public hearings to be held in Morehead City, NC, Larose, LA, Belle Chasse, LA, D'Iberville, MS, and Bayou La Batre, AL.

Notice is hereby given that the North Slope Borough Department of Wildlife Management, P.O. Box 69, Barrow, AK 99723 [Taqulik Hepa, Responsible Party; Dr. John C. George, Principal Investigator], has been issued a minor amendment to Scientific Research Permit No. 814- 1899.

NOAA's Office of Coast Survey (OCS) seeks comment on a draft programmatic environmental assessment (PEA) of the hydrographic surveys and related activities that OCS regularly conducts in navigationally significant waters around the nation. These surveys use a vessel equipped with high-frequency side scan sonar, single beam, and multibeam echosounders, which use sound waves to find and identify objects in the water and to determine water depth. Hydrographic survey projects support the OCS mission to provide reliable nautical charts and other products necessary for safe navigation and sound decision- making in U.S. ocean and coastal waters. The intended effects of the surveys are to provide the foundation for navigational charts required by all domestic ships moving people and products in and out of U.S. ports every year. Charts help prevent mariners from running ships aground or hitting dangerous obstructions (e.g., ship wrecks, marine debris, or pinnacle rocks). Groundings or collisions with other objects in the sea can result in the release of oil or dangerous chemicals into the marine environment. Date and Time: The above document is available for public review and comment through July 22, 2012.

Notice is hereby given that North Slope Borough Department of Wildlife Management, P.O. Box 69, Barrow, AK 99723 [Taqulik Hepa, Responsible Party; Dr. John C. George, Principal Investigator], has applied in due form for a permit to collect, import, export, and receive marine mammal parts for scientific research.

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.

NMFS issues a proposed rule that would modify equipment and operational requirements for freezer longliners (catcher/processors) named on License Limitation Program (LLP) licenses endorsed to catch and process Pacific cod at sea with hook-and-line gear in the Bering Sea and Aleutian Islands Management Area (BSAI). If approved, the proposed regulations would require vessel owners to select between two monitoring options: carry two observers so that all catch can be sampled, or carry one observer and use a motion-compensated scale to weigh Pacific cod before it is processed. The selected monitoring option would be required to be used when the vessel is operating in either the BSAI or Gulf of Alaska groundfish fisheries when directed fishing for Pacific cod is open in the BSAI, or while the vessel is fishing for groundfish under the Western Alaska Community Development Quota (CDQ) Program. A vessel owner who notifies NMFS that the vessel will not be used to conduct directed fishing for Pacific cod in the BSAI or to conduct groundfish CDQ fishing at any time during a particular year would not be required to select one of the monitoring options and would continue to follow observer coverage and catch reporting requirements that apply to catcher/processors not subject to this proposed action. These regulatory amendments address the need for enhanced catch accounting, monitoring, and enforcement created by the formation of a voluntary cooperative by the BSAI longline catcher/ processor subsector in 2010, and are necessary to improve the precision of the accounting for allocated quota species. This action is intended to promote the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, the Fishery Management Plan for Groundfish of the Gulf of Alaska, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable laws.

The National Marine Fisheries Service (NMFS) is extending the date by which public comments are due concerning proposed regulations to revise existing regulations governing the confidentiality of information submitted in compliance with any requirement or regulation under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act or MSA). NMFS published the proposed rule on May 23, 2012 and announced that the public comment period would end on June 22, 2012. With this notice, NMFS is extending the comment period to August 21, 2012.

Four Assessment Workshops via webinars are being added to SEDAR 28. The webinars will be held July 10, 2012, July 24, 2012, August 9, 2012, and August 30, 2012. All webinars will begin at 1 p.m. (Eastern) and are expected to last four hours. The SEDAR 28 Review Workshop was originally scheduled for August 6-10, 2012 and will now be held October 29-November 2, 2012. This is the twenty-eighth SEDAR. See SUPPLEMENTARY INFORMATION.

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

Notice is hereby given that NMFS Southwest Fisheries Science Center (SWFSC), 3333 N. Torrey Pines Ct., La Jolla, CA 92037, [Responsible Party: Lisa Ballance, Ph.D.], has applied in due form for a permit to take green (Chelonia mydas), loggerhead (Caretta caretta), and olive ridley (Lepidochelys olivacea) sea turtles for scientific research.

NMFS will host a meeting to conduct a panel review by experts contracted through the Center for Independent Experts (CIE) related to NMFS's November 2010 Biological Opinion on the effects of the Alaska groundfish fisheries on Steller sea lions and other endangered species (Final Biop). The meeting will provide an opportunity for the CIE reviewers to receive presentations from NMFS, the State of Alaska, the State of Washington, the North Pacific Fishery Management Council, and the public concerning new and relevant scientific information that has become available since NMFS issued the Final Biop. NMFS requests that parties interested in presenting such information to the CIE reviewers submit a statement of interest including an abstract of the information to be presented.

This proposed rule would revise the limits on the number of swordfish that fishermen may possess or land during any given Hawaii- based deep-set longline-fishing trip north of the Equator. This proposed rule would also revise the definition of deep-set longline fishing to be consistent with the proposed swordfish retention limits. All other measures applicable to the deep-set fishery would remain unchanged. The proposed rule intends to reduce regulatory discards and optimize the yield of swordfish.

NMFS proposes to revise the annual number of allowable incidental interactions that may occur between the Hawaii-based shallow-set pelagic longline fishery and leatherback and loggerhead sea turtles. NMFS also proposes administrative housekeeping changes to the regulations relating to the shallow-set longline fishery. The proposed rule would implement terms and conditions of the current biological opinion on this fishery, and clarify the regulations.