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

Notice is hereby given that NMFS has received a scientific research and enhancement permit application request relating to salmonids listed under the Endangered Species Act (ESA). The proposed research program is intended to increase knowledge of the species and to help guide management and conservation efforts. The applications and related documents may be viewed online at: https://apps.nmfs.noaa.gov/ preview/previewopenforcomment.cfm. These documents are also available upon written request or by appointment by contacting NMFS by phone (707) 575-6097 or fax (707) 578-3435.

NMFS has determined that the Atlantic bluefin tuna (BFT) daily retention limit that applies to vessels permitted in the Highly Migratory Species (HMS) Charter/Headboat category (when fishing recreationally for BFT) should be adjusted for the remainder of 2012, based on consideration of the regulatory determination criteria regarding inseason adjustments and based on preliminary 2012 landings data. NMFS also closes the southern area Angling category fishery for large medium and giant (``trophy'') BFT. These actions are being taken consistent with the BFT fishery management objectives of the 2006 Consolidated HMS Fishery Management Plan (Consolidated HMS FMP) and to prevent overharvest of the 2012 Angling category quota.

This notice announces the selection of the authors for the report of the next National Climate Assessment by the National Climate Assessment and Development Advisory Committee (NCADAC). The next National Climate Assessment will consist of 28 chapters, each drafted by a set of Convening Lead Authors and Lead Authors. The list of these by chapter can be found on the Web page https://www.globalchange.gov/ what-we-do/assessment/people/nca-author-teams.

Notice is hereby given that that a permit has been issued to Dorian Houser, Ph.D., National Marine Mammal Foundation, 2240 Shelter Island Drive, 200, San Diego, CA 92106, to conduct scientific research on cetaceans stranded or in rehabilitation facilities in the U.S.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit (EFP) application submitted by the Northeast Fisheries Science Center (NEFSC) contains all of the required information and warrants further consideration. The EFP would exempt participating vessels from the following types of fishery regulations: Minimum fish size restrictions; fish possession limits; prohibited fish species, not including species protected under the Endangered Species Act; and gear-specific fish possession restrictions for the purpose of collecting fishery dependent catch data and biological samples. 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.

NMFS has conducted special independent peer review of the December 2010 status review report of the ringed seal (Phoca hispida) under the Endangered Species Act of 1973, as amended (ESA). This notice announces availability of a peer review report that consolidates the comments received from the reviewers and the opening of a 30-day public comment period on that report. Please note that comments previously submitted need not be resubmitted since they are already part of the record and will be considered when NMFS makes its final determination.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels (CVs) using hook-and-line gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2012 Pacific cod total allowable catch apportioned to CVs using hook-and-line gear in the Western Regulatory Area of the GOA.

In accordance with the Marine Mammal Protection Act (MMPA) implementing regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the Port of San Francisco (Port), allowing the take of small numbers of marine mammals, by Level B harassment only, incidental to pile driving during construction of the Brannan Street Wharf.

NMFS issues a proposed rule that would implement Amendment 97 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). If approved, Amendment 97 would allow the owners of trawl catcher/processor vessels authorized to participate in the Amendment 80 catch share program to replace these vessels with vessels that meet certain requirements. This proposed action includes management measures that would establish the requirements for replacement vessels, such as a limit on the overall length of replacement vessels, measures to prevent replaced vessels from participating in Federal groundfish fisheries off Alaska that are not Amendment 80 fisheries, and specific catch limits known as Amendment 80 sideboards for replacement vessels. This action is necessary to promote safety-at-sea, by allowing Amendment 80 vessel owners to replace their vessels for any reason at any time and by requiring replacement vessels to meet certain U.S. Coast Guard vessel safety standards, and is intended to facilitate an increase in the processing capabilities of the fleet to improve the retention and utilization of groundfish catch by these vessels. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

NMFS announces that the State of North Carolina is transferring a portion of its 2012 commercial summer flounder quota to the Commonwealth of Virginia. The State of North Carolina is also retroactively transferring a portion of its 2011 commercial summer flounder quota to the Commonwealth of Virginia. NMFS is adjusting the quotas and announcing the revised commercial quota for each state involved.

NMFS has received a request from the Monterey Bay National Marine Sanctuary (MBNMS) for authorization to take marine mammals incidental to authorizing professional fireworks displays within the MBNMS in California waters, over the course of 5 years. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take and requests information, suggestions, and comments on these proposed regulations.

We, NMFS, announce a 12-month finding on a petition to list the Chinook salmon (Oncorhynchus tshawytscha) in the Upper Klamath and Trinity Rivers Basin (UKTR) as threatened or endangered and designate critical habitat under the Endangered Species Act (ESA). We have reviewed the status of the UKTR Chinook salmon Evolutionarily Significant Unit (ESU) and considered the best scientific and commercial data available, and conclude that the petitioned action is not warranted. In reaching this conclusion, we conclude that spring-run and fall-run Chinook salmon in the UKTR Basin constitute a single ESU. Based on a comprehensive review of the best scientific and commercial data currently available, and consistent with the 1998 status review and listing determination for the UKTR Chinook salmon ESU, the overall extinction risk of the ESU is considered to be low over the next 100 years. Based on these considerations and others described in this notice, we conclude this ESU is not in danger of extinction throughout all or a significant portion of its range, nor is it likely to become so in the foreseeable future.

Notice is hereby given that a permit has been issued to Matson's Laboratory, LLC (Gary Matson, Responsible Party), PO Box 308, 8140 Flagler Road, Milltown, MT 59851 to receive, import, export, and possess marine mammal specimens for scientific research.

Notice is hereby given John Calambokidis, Cascadia Research Collective, Waterstreet Building, 218 [frac12] West Fourth Avenue, Olympia, WA 89501, has applied in due form for a permit to conduct research on marine mammals.

The North Pacific Fishery Management Council (Council) submitted Amendments 10, 11, and 12 to the Fishery Management Plan for the Salmon Fisheries in the EEZ off the Coast of Alaska (FMP) to NMFS for review. If approved, Amendment 10 would provide authority for NMFS to recover the administrative costs of processing applications for any future permits that may be required under this FMP, except for exempted fishing permits and prohibited species donation permits. If approved, Amendment 11 would revise the timeline associated with the Council's process to identify Habitat Areas of Particular Concern so that the process coincides with the Essential Fish Habitat (EFH) 5-year review, revise habitat research priority objectives, and update EFH conservation recommendations for, and the analysis of the impacts of, non-fishing activities. If approved, Amendment 12 would comprehensively revise and update the FMP to reflect the Council's salmon management policy and Federal law. Amendments 10, 11, and 12 are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

NMFS implements accountability measures (AMs) for commercial greater amberjack in the Gulf of Mexico (Gulf) for the 2012 fishing year through this temporary final rule, and announces the closure of the 2012 commercial sector for greater amberjack of the Gulf reef fish fishery. This rule reduces the 2012 commercial quota for greater amberjack to 237,438 lb (107,700 kg), based on the 2011 quota overage. The commercial fishing season opened on January 1, 2012 and is closed March 1-May 31. The season is scheduled to re-open on June 1, however, NMFS has determined that the 2012 adjusted commercial quota for Gulf greater amberjack was harvested in January and February of 2012. Therefore, the commercial sector for greater amberjack will remain closed for the remainder of the 2012 fishing year. These actions are necessary to reduce overfishing of the Gulf greater amberjack resource.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels (CVs) using trawl gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2012 Pacific cod total allowable catch apportioned to CVs using trawl gear in the Central Regulatory Area of the GOA.

NMFS is seeking information regarding nations whose vessels are engaged in illegal, unreported, or unregulated (IUU) fishing, bycatch of protected living marine resources (PLMRs), and/or fishing activities in waters beyond any national jurisdiction that target or incidentally catch sharks. Such information will be reviewed for the purposes of the identification of nations pursuant to the High Seas Driftnet Fishing Moratorium Protection Act (Moratorium Protection Act).

On March 16, 2012, NMFS published a proposed rule for a fishery management plan (FMP) amendment modifying the regulations governing the Federal small-scale HMS fisheries in the U.S. Caribbean, and announced that public hearings would be scheduled in a future notice. In this notice, NMFS is announcing public hearings in St. Croix, United States Virgin Islands (USVI) St. Thomas, USVI, San Juan, Puerto Rico (PR), Ponce, PR, and Mayaguez, PR, in order to provide greater opportunity for public comment on the proposed rule. Public comments on the proposed rule must be received on or before June 14, 2012.

This final rule implements a Secretarial Amendment to the Northeast Multispecies Fishery Management Plan to establish a mechanism for specifying annual catch limits and accountability measures for the small-mesh multispecies fishery beginning in fishing year 2012. This amendment is necessary because the New England Fishery Management Council has been delayed in implementing a mechanism to specify annual catch limits and accountability measures for the silver hake, red hake, and offshore hake stocks that are managed as a sub-set of the Northeast Multispecies Fishery Management Plan to meet the 2011 deadline in the Magnuson-Stevens Fishery Conservation and Management Act.

The New England Fishery Management Council's (Council) Groundfish Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The Gulf of Mexico Fishery Management Council (Council) will convene a public meeting.

NMFS proposes regulations to implement Amendment 20A (Amendment 20A) 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). If implemented, this rule would revise the wreckfish individual transferable quota (ITQ) program, by defining and reverting inactive wreckfish quota shares, redistributing reverted quota shares to remaining shareholders, establishing a cap on the number of wreckfish quota shares a single entity may own, and establishing an appeals process for redistribution of reverted wreckfish quota shares. The intent of this rule is to help achieve the optimum yield (OY) from the wreckfish commercial sector in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

NMFS has received an application from the U.S. Navy (Navy) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to conducting training exercises at the Silver Strand Training Complex (SSTC) in the vicinity of San Diego Bay, California. Subsequently, additional information on marine mammals and proposed improvement on marine mammal monitoring and mitigation measures was received from the Navy. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to the Navy to incidentally harass, by Level B Harassment only, eight species of marine mammals during the specified activity.

NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the first seasonal apportionment of the Pacific halibut bycatch allowance specified for the shallow-water species fishery in the GOA has been reached.