National Oceanic and Atmospheric Administration 2012 – Federal Register Recent Federal Regulation Documents
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Atlantic Highly Migratory Species; 2012 Atlantic Shark Commercial Fishing Season
This final rule establishes the opening dates and adjusts quotas for the 2012 fishing season for the Atlantic commercial shark fisheries. Quotas were adjusted based on over- and/or underharvests experienced during the 2010 and 2011 Atlantic commercial shark fishing seasons. In addition, NMFS is using previously-implemented adaptive management measures to provide, to the extent practicable, fishing opportunities for commercial shark fishermen in all regions and areas to determine the opening dates. These actions are expected to provide fishing opportunities for commercial shark fishermen in the northwestern Atlantic, including the Gulf of Mexico and Caribbean.
Marine Fisheries Advisory Committee
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.
National Policy for Distinguishing Serious From Non-Serious Injuries of Marine Mammals
NMFS developed a final national policy, comprised of a Policy Directive and associated Procedural Directive, for distinguishing serious from non-serious injuries of marine mammals. The Directives provide technical guidance for analyzing marine mammal injury reports (e.g., observer, disentanglement, and stranding program reports) and incorporating the results into marine mammal stock assessment reports and marine mammal conservation management regimes (e.g., Marine Mammal Protection Act List of Fisheries, take reduction plans, ship speed regulations). NMFS is releasing its final Policy and Procedural Directives and responding to comments on the draft policy.
Shrimp Fisheries of the Gulf of Mexico and South Atlantic; Revisions of Bycatch Reduction Device (BRD) Testing Protocols; Correction
This document contains a correction to a proposed rule that published on January 9, 2012, regarding proposed changes to shrimp regulations. The proposed rule stated that the ``Expanded Mesh BRD'' would be decertified for use by the Gulf of Mexico shrimp fishery after May 24, 2012. That information was not correct. The ``Extended Funnel BRD'' is the BRD design that will no longer be provisionally certified for use in the Gulf of Mexico shrimp fishery after May 24, 2012. This rule corrects that mistake. Both the Expanded Mesh and Extended Funnel BRDs remain certified for use in the South Atlantic shrimp fishery.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Greater Than or Equal To 60 Feet (18.3 Meters) Length Overall Using Pot Gear in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by pot catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2012 Pacific cod total allowable catch (TAC) specified for pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Exempted Fishing Permit
NMFS announces the receipt of an application for an exempted fishing permit (EFP) from the Louisiana Department of Wildlife and Fisheries (LDWF). If granted, the EFP would authorize the applicant to collect and retain red snapper that would otherwise be prohibited from possession and retention. This study, to be conducted in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) off Louisiana, is intended to better document the age structure and life history of fish associated with offshore platforms and artificial reefs in Louisiana coastal waters.
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council (Council) Golden King Crab Price Formula Workgroup is meeting in February in Seattle, WA.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
The Mid-Atlantic Fishery Management Council's (Council) Tilefish Advisory Panel (AP) will meet with the Council's Social and Economic Sub-committee of the Scientific and Statistical Committee (SSC).
Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Pre-Workshop Webinar for HMS Blacktip Sharks
The SEDAR assessment of the HMS stocks of Gulf of Mexico blacktip sharks will consist of one workshop and a series of webinars. See SUPPLEMENTARY INFORMATION.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands
NMFS is reallocating the projected unused amounts of the Aleut Corporation's pollock directed fishing allowance and the Community Development Quota from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2012 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.
Takes of Marine Mammals Incidental to Specified Activities; Pile Placement for ORPC Maine's Cobscook Bay Tidal Energy Pilot Project
NMFS has received an application from Ocean Renewable Power Company Maine, LLC (ORPC) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to pile driving in Cobscook Bay, Maine. 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.
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Whiting and Non-Whiting Allocations; Pacific Whiting Seasons
This notification announces the reapportionment of 4.3 metric tons (mt) of Darkblotched rockfish, 6.5 mt of Pacific Ocean Perch, 3.3 mt of Canary rockfish, and 48.3 mt of Widow rockfish from the mothership sector to the catcher/processor sector.
Draft Environmental Impact Statement for Effects of Oil and Gas Activities in the Arctic Ocean
On December 30, 2011, notice was published in the Federal Register that NMFS had released for public comment the ``Draft Environmental Impact Statement (DEIS) for the Effects of Oil and Gas Activities in the Arctic Ocean.'' Based on several written requests received by NMFS, the public comment period for this DEIS has been extended by 15 days. Additionally, on December 30, 2011, NMFS announced that public meetings would be held in January and February 2012. This notice provides additional updates on the DEIS public meeting schedule.
Marine Mammals; File No. 17011
Notice is hereby given that NHK Enterprises, Inc., Nature & Science Programs, 5-20 Kamiyama-cho, Ogawa Bldg., Shibuya-ku, Tokyo, Japan has applied in due form for a permit to conduct commercial or educational photography of Eastern North Pacific gray whales (Eschrichtius robustus) and killer whales (Orcinus orca).
Marine Mammals
Notice is hereby given that Dorian Houser, Ph.D., National Marine Mammal Foundation, 2240 Shelter Island Drive, 200, San Diego, CA 92106, has applied in due form for a permit to conduct scientific research on cetaceans stranded or in rehabilitation facilities in the U.S.
Proposed Information Collection; Comment Request; U.S. Fishermen Fishing in Russian Waters
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.
Endangered and Threatened Species; Take of Anadromous Fish
This notice advises the public that a direct take permit has been issued to the Washington Department of Fish and Wildlife, pursuant to the Endangered Species Act of 1973 (ESA), for installation and operation of three weirs on tributaries of the lower Columbia River, and that the decision documents are available upon request.
Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Training Exercises in Three East Coast Range Complexes
In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that NMFS has made modifications to three Letters of Authorization (LOAs) to take marine mammals by harassment incidental to the U.S. Navy's training activities within the Navy's Virginia Capes (VACAPES), Jacksonville (JAX), and Cherry Point (CHPT) Range Complexes to the Commander, U.S. Fleet Forces Command, 1562 Mitscher Avenue Suite 250, Norfolk, VA 23551-2487 and persons operating under his authority.
Marine Mammals; Photography Permit File No. 17032
Notice is hereby given that Shane Moore, Moore & Moore Films, Box 2980, 1203 Melody Creek Lane, Jackson, WY 83001, has applied in due form for a permit to conduct commercial or educational photography on killer (Orcinus orca) and gray (Eschrichtius robustus) whales in Alaska.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
The Mid-Atlantic Fishery Management Council (Council) will hold a public meeting in the form of a workshop. The workshop topic is volunteer angler data collection.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) will hold a three-day meeting from January 31, 2012, through February 2, 2012 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
North Pacific Fishery Management Council; Public Meetings
The North Pacific Fishery Management Council (Council) and its advisory committees will hold public meetings, January 30February 7, 2012, at the Renaissance Hotel in Seattle, WA.
Marine Mammals; File No. 14676
Notice is hereby given that a major amendment to Permit No. 14676 has been issued to Paul Ponganis, Ph.D., University of California at San Diego, La Jolla, CA for research on California sea lions (Zalophus californianus).
Fisheries of the Northeastern United States; Spiny Dogfish Fishery; Commercial Period 2 Quota Harvested
NMFS announces that the spiny dogfish commercial quota available to the coastal states from Maine through Florida for the second semi-annual quota period, November 1, 2011-April 30, 2012, has been harvested. Therefore, effective 0001 hours, January 13, 2012, federally permitted spiny dogfish vessels may not fish for, possess, transfer, or land spiny dogfish until May 1, 2012, when the 2012 spiny dogfish fishing year begins. Regulations governing the spiny dogfish fishery require publication of this notification to advise the coastal states from Maine through Florida that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing spiny dogfish in these states. This action is necessary to prevent the fishery from exceeding its Period 2 quota and to allow for effective management of this stock.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 32
NMFS published a proposed rule on November 2, 2011 (76 FR 67656) to implement management measures described in Amendment 32 to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Amendment 32) prepared by the Gulf of Mexico Fishery Management Council (Council). During the comment period for that proposed rule, NMFS identified an inconsistency in the codified text of that rule regarding the accountability measures for recreational gag and red grouper that needs correction. This rule proposes to further revise the recreational accountability measures for gag and red grouper to correctly specify what will occur if the ACL is exceeded and the species is overfished. This proposed rule is intended to end overfishing of gag, allow the gag stock to rebuild, and co-manage gag and red grouper by implementing concurrent management measures.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 20A
NMFS announces that the South Atlantic Fishery Management Council (Council) has submitted Amendment 20A to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 20A) for review, approval, and implementation by NMFS. Amendment 20A proposes actions for the wreckfish individual transferable quota (ITQ) program, including actions to define and revert inactive wreckfish quota shares, redistribute reverted quota shares to remaining shareholders, establish a cap on the number of wreckfish quota shares a single entity may own, and establish an appeals process for redistribution of reverted wreckfish quota shares. The actions contained in Amendment 20A are intended 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).
Endangered Species; File No. 16194
Notice is hereby given that the NMFS Southeast Fisheries Science Center (SEFSC) [Dr. Bonnie Ponwith, Responsible Party], 75 Virginia Beach Drive, Miami, FL 33149, has been issued a permit to take green (Chelonia mydas), hawksbill (Eretmochelys imbricata), loggerhead (Caretta caretta), Kemp's ridley (Lepidochelys kempii), olive ridley (Lepidochelys olivacea), leatherback (Dermochelys coriacea), and unidentified hardshell sea turtles for the purposes of scientific research.
Endangered and Threatened Species; 90-Day Finding on Petition To Delist the Southern Oregon/Northern California Coast Evolutionarily Significant Unit of Coho Salmon Under the Endangered Species Act
We, NMFS, announce a 90-day finding on a petition to delist the Southern Oregon/Northern California Coast (SONCC) Evolutionarily Significant Unit (ESU) of coho salmon (Oncorhynchus kisutch) under the Endangered Species Act (ESA). We find that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted.
Endangered and Threatened Species; Recovery Plan for the Southern California Steelhead Distinct Population Segment
The National Marine Fisheries Service (NMFS) announces the adoption of an Endangered Species Act (ESA) recovery plan for the Southern California Steelhead (Oncorhynchus mykiss) Distinct Population Segment (DPS), which spawn and rear in coastal rivers from the Santa Maria River to the Tijuana River California. The Final Southern California Steelhead Recovery Plan (Final Recovery Plan) and our summary of and responses to public comments are now available.
Gulf of Mexico Fishery Management Council (Council); Public Meetings
The Gulf of Mexico Fishery Management Council will convene public meetings.
South Atlantic Fishery Management Council; Public Meetings
The South Atlantic Fishery Management Council (Council) will hold a series of public hearings regarding Amendment 11 to the Spiny Lobster Fishery Management Plan (FMP), Amendment 6 to the Golden Crab FMP and Amendment 18B to the Snapper Grouper FMP for the South Atlantic Region. The Council will concurrently hold a series of scoping meetings regarding Comprehensive Ecosystem-Based Amendment 3 and Amendment 9 to the Shrimp FMP for the South Atlantic Region. See SUPPLEMENTARY INFORMATION. Dates and Location: The series of six public hearings will be held January 24, 2012 through February 2, 2012. The hearings will be held from 4 p.m. until 7 p.m. Council staff will present an overview of the amendments and will be available for informal discussions and to answer questions. Members of the public will have an opportunity to go on record at any time during the meeting hours to record their comments on the public hearing and scoping topics for consideration by the Council. Local Council representatives will attend the meetings and take public comment. Written comments will be accepted from January 13, 2012 until 5 p.m. on February 15, 2012. See SUPPLEMENTARY INFORMATION for specific dates and times.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fisheries of the Gulf of Mexico and South Atlantic; Revisions of Bycatch Reduction Device Testing Protocols
In accordance with the framework procedures for adjusting management measures of the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (Gulf FMP) and the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region (South Atlantic FMP), this rule would certify two new bycatch reduction devices (BRDs) for use in the Gulf of Mexico (Gulf) and South Atlantic shrimp fisheries, and revise a harvesting restriction for shrimp vessels fishing in Federal waters of the Gulf. Both BRDs represent modifications to the Composite Panel BRD, which is provisionally certified through May 24, 2012. This rule would incorporate these BRDs to the list of allowable BRDs, and provide technical specifications for the construction and subsequent legal enforcement of these BRDs. Additionally, this rule would revise the shrimp effort reduction threshold for the Gulf shrimp fishery. The intended effect of this proposed rule is to improve bycatch reduction efforts in the Gulf and South Atlantic shrimp fisheries, provide greater flexibility to the industry, reduce the social and economic impacts to fishing communities, and meet the requirements of National Standard 9 of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).
Endangered Species; File Nos. 16229 and 16548
Notice is hereby given that the North Carolina Zoo, 4401 Zoo Parkway, Asheboro, NC 27203 [David Jones, Responsible Party], and the Springfield Science Museum, 21 Edwards Street Springfield, MA 01103 [David J. Stier, Responsible Party] have been issued permits to take shortnose sturgeon for purposes of enhancement.
Endangered Species; File No. 16146
Notice is hereby given that Kristen Hart, Ph.D., U.S. Geological Survey, Southeast Ecological Science Center, Davie Field Office, Davie, FL has been issued a permit to take loggerhead (Caretta caretta), green (Chelonia mydas), and hawksbill (Eretmochelys imbricata) sea turtles for the purposes of scientific research.
Proposed Information Collection; Comment Request; Application Forms for Membership on a National Marine Sanctuary Advisory Council
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.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Scientific and Statistical Committee (SSC) to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
Council Coordination Committee Meeting
NMFS will host a meeting of the Council Coordination Committee (CCC), consisting of the Regional Fishery Management Council chairs, vice chairs, and executive directors in January 2012. The intent of this meeting is to discuss issues of relevance to the Councils, including FY 2012 budget allocations and budget planning for FY2013 and beyond, Marine Recreational Information Program Update, Report on the Allocation of Fishery Resources, Habitat Blueprint, Managing Our Nations III Conference, and other topics related to implementation of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).
Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to U.S. Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar
NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals, by harassment, incidental to conducting operations of Surveillance Towed Array Sensor System (SURTASS) Low Frequency Active (LFA) sonar in areas of the world's oceans (with the exception of Arctic and Antarctic waters and certain geographic restrictions), from August 16, 2012, through August 15, 2017. 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.
2012 Annual Determination for Sea Turtle Observer Requirement
The National Marine Fisheries Service (NMFS) is providing notification that the agency will not identify additional fisheries to observe on the Annual Determination (AD) for 2012, pursuant to its authority under the Endangered Species Act (ESA). Through an AD, NMFS identifies fisheries operating in the Atlantic Ocean, Gulf of Mexico, and Pacific Ocean that will be required to take observers upon NMFS' request. The purpose of observing identified fisheries is to learn more about sea turtle interactions in a given fishery, evaluate existing measures to prevent or reduce prohibited sea turtle takes, and to determine whether additional measures to implement the prohibition against sea turtle takes may be necessary. Fisheries identified in the 2010 AD (see Table 1) remain on the AD and are therefore required to carry observers upon NMFS' request, until 2014.
Endangered and Threatened Species; Recovery Plan Southern Oregon/Northern California Coast Coho Salmon Evolutionarily Significant Unit
NMFS announces the availability for public review of the draft Recovery Plan (Plan) for the Southern Oregon/Northern California Coast (SONCC) Coho Salmon (Oncorhynchus kisutch) Evolutionarily Significant Unit (ESU). NMFS is soliciting review and comment from the public and all interested parties on the Plan, and will consider all substantive comments received during the review period before submitting the Plan for final approval. In addition, public meetings will be announced as opportunities for providing comments on the Draft Plan (dates to be determined).
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2012 Gulf of Alaska Pollock and Pacific Cod Total Allowable Catch Amounts
NMFS is adjusting the 2012 total allowable catch (TAC) amounts for the Gulf of Alaska (GOA) pollock and Pacific cod fisheries. This action is necessary because NMFS has determined these TACs are incorrectly specified, and will ensure the GOA pollock and Pacific cod TACs are the appropriate amounts based on the best available scientific information for pollock and Pacific cod in the GOA. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska.
Marine Mammals; File No. 16998
Notice is hereby given that Mr. Gregory Walker, University of Alaska Fairbanks, Fairbanks, AK has applied for a permit to conduct research on Steller sea lions (Eumetopias jubatus) in Alaska.
Marine Mammals; File No. 16621
Notice is hereby given that Alejandro Acevedo- Guti[eacute]rrez, Ph.D., Biology Department, Western Washington University, Bellingham, WA has applied in due form for a permit to conduct research on harbor seals (Phoca vitulina).
Marine Mammals; File No. 15682
Notice is hereby given that a permit has been issued to Mithriel MacKay, Texas A&M University at Galveston, Galveston, TX 75003 to conduct research on humpback whales (Megaptera novaeangliae).
Western Pacific Fisheries; 2012 Annual Catch Limits and Accountability Measures
NMFS proposes annual catch limits for western Pacific bottomfish, crustacean, precious coral, and coral reef ecosystem fisheries, and accountability measures to correct or mitigate any overages of catch limits. The proposed catch limits and accountability measures support the long-term sustainability of fishery resources of the U.S. Pacific Islands.
Taking of Marine Mammals Incidental to Specified Activities; U.S. Marine Corps Training Exercises at Air Station Cherry Point
In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the U.S. Marine Corps (USMC) to take marine mammals, by Level B harassment only, incidental to military training exercises at Marine Corps Air Station (MCAS) Cherry Point Range Complex, North Carolina. The USMC's activities are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act (NDAA) for Fiscal Year 2004.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Habitat/MPA/Ecosystem Committee in January 2012 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Joint Habitat/MPA/Ecosystem Committee and Advisory Panel (AP) in January 2012 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 23
NMFS proposes to approve and implement regulations through Framework Adjustment 23 to the Atlantic Sea Scallop Fishery Management Plan, which was developed and adopted by the New England Fishery Management Council and submitted to NMFS for approval. Framework Adjustment 23 includes measures to: Minimize impacts on sea turtles through the requirement of a turtle deflector dredge; improve the effectiveness of the scallop fishery's accountability measures related to the yellowtail flounder annual catch limits; adjust the limited access general category Northern Gulf of Maine management program; and modify the scallop vessel monitoring system trip notification procedures to improve flexibility for the scallop fleet.
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