National Oceanic and Atmospheric Administration 2013 – Federal Register Recent Federal Regulation Documents

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 this final rule to revise regulations under the Dolphin Protection Consumer Information Act (DPCIA) to enhance the requirements for documentation to support labels on tuna products that represent the product as dolphin-safe. This rule modifies the requirements for the certifications that must accompany the Fisheries Certificate of Origin (FCO); changes storage requirements related to dolphin-safe and non-dolphin-safe tuna on board fishing vessels; modifies the reporting requirements associated with tracking domestic tuna canning and processing operations; and creates other new requirements for processors, other than tuna canners, of tuna product labeled dolphin-safe. This rule is intended to better ensure dolphin- safe labels comply with the requirements of the DPCIA and to ensure that the United States satisfies its obligations as a member of the World Trade Organization (WTO).

The Regional Administrator, Southwest Region, NMFS, has made a preliminary determination that an application for an Exempted Fishing Permit (EFP) warrants further consideration. The application was submitted by members of the Pacific sardine fishing industry who request an exemption from seasonal closures of the sardine directed fishery to conduct a survey designed to estimate the population size of Pacific sardine. NMFS requests public comment on the application.

In accordance with provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that an Incidental Harassment Authorization (IHA) has been issued to the U.S. Navy's Office of Naval Research (ONR) to take marine mammals, by harassment, incidental to conducting Acoustic Technology Experiments (ATE) in the western North Pacific Ocean.

The Pacific Fishery Management Council's (Pacific Council) South of Humbug Policy Committee (Policy Committee) for Pacific halibut will hold a working meeting, which is open to the public.

NMFS is prohibiting directed fishing for northern rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2013 total allowable catch (TAC) of northern rockfish in the Western Regulatory Area of the GOA.

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.

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 National Marine Fisheries Service (NMFS) is announcing its intent to prepare a recovery plan for Pacific eulachon (Thaleichthys pacificus) (eulachon) and requests information from the public. NMFS is required by the Endangered Species Act of 1973 (ESA), as amended to develop plans for the conservation and survival of federally listed species, i.e., recovery plans.

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 proposes regulations to implement Regulatory Amendment 19 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared by the South Atlantic Fishery Management Council (Council). If implemented, Regulatory Amendment 19 and this rule would revise the optimum yield (OY), the commercial and recreational annual catch limits (ACLs) and the recreational annual catch target (ACT) for black sea bass harvested in or from the South Atlantic exclusive economic zone (EEZ). This rule would also establish an annual prohibition on the use of black sea bass pots in the South Atlantic from November 1 through April 30. The intent of this rule is to provide socio-economic benefits to snapper-grouper fishermen and communities that utilize the snapper-grouper resource, while maintaining fishing mortality at sustainable levels according to the best scientific information available. The rule would also prevent interactions between black sea bass pot gear and whales listed under the Endangered Species Act (ESA) during periods of large whale migrations and during the northern right whale calving season off of the southeastern coast.

NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2013 total allowable catch of Pacific ocean perch in the Western Regulatory Area of the GOA.

Notice is hereby given that a permit has been issued to Yoko Mitani, Ph.D., Hokkaido University, 3-1-1 Minato-cho, Hakodate, Hokkaido 041-8611, Japan, to conduct research on gray (Eschrichtius robustus) and killer (Orcinus orca) whales.

NMFS implements accountability measures (AMs) for commercial gray triggerfish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for gray triggerfish, as estimated by the Science and Research Director (SRD), are projected to reach the commercial annual catch limit (ACL) on July 7, 2013. Therefore, NMFS closes the commercial sector for gray triggerfish in the South Atlantic EEZ on July 7, 2013, and it will remain closed until the start of the next fishing season, January 1, 2014. This closure is necessary to protect the gray triggerfish resource.

NMFS proposes regulations that would implement a catch sharing plan for the guided sport (charter) and commercial fisheries for Pacific halibut in waters of International Pacific Halibut Commission (IPHC) Regulatory Areas 2C (Southeast Alaska) and 3A (Central Gulf of Alaska). If approved, this catch sharing plan will replace the Guideline Harvest Level program, define an annual process for allocating halibut between the charter and commercial fisheries in Area 2C and Area 3A, and establish allocations for each fishery. The commercial fishery will continue to be managed under the Individual Fishing Quota system. To allow flexibility for individual commercial and charter fishery participants, the proposed catch sharing plan also will authorize annual transfers of commercial halibut quota to charter halibut permit holders for harvest in the charter fishery. This action is necessary to achieve the halibut fishery management goals of the North Pacific Fishery Management Council.

Notice is hereby given that Karen G. Holloway-Adkins, East Coast Biologists, Inc. P.O. Box 33715, Indialantic, FL 32903 has been issued a permit to take green (Chelonia mydas), loggerhead (Caretta caretta), hawksbill (Eretmochelys imbricata), Kemp's ridley (Lepidochelys kempii), and leatherback (Dermochelys coriaceae) sea turtles for purposes of scientific research.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration and that the activities authorized under this Exempted Fishing Permit would be consistent with the goals and objectives of the Monkfish Fishery Management Plan. However, further review and consultation may be necessary before a final determination is made to issue an Exempted Fishing Permit. The Exempted Fishing Permit would grant exemptions from monkfish days-at-sea possession limits. The primary goal of this study, by the University of Maryland Eastern Shore, is to investigate the influence of temperature on monkfish distribution and abundance. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits.

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 Tuesday, July 23, 2013 from 2:00 p.m. to 5:00 p.m. EDT and Wednesday, July 24, 2013 from 1:00 p.m. to 4:05 p.m. EDT. 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: Conference call. Public access is available at 1315 East- West Highway, Room 11836 in Silver Spring, MD. Please check the SAB Web site https://www.sab.noaa.gov/Meetings/meetings.html for address and directions to the meeting location. Members of the public will not be able to dial in to this meeting. Status: The meeting will be open to public participation with a 10 minute public comment period on July 24 from 1:05-1:15 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 two (2) minutes. Individuals or groups planning to make a verbal presentation should contact the SAB Executive Director by July 17, 2013 to schedule their presentation. Written comments should be received in the SAB Executive Director's Office by July 17, 2013 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after July 17, 2013 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 17, 2013, 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) NOAA Response to the SAB Review of the Ocean Exploration and Research Program; (2) NOAA Social Science Needs Assessment; (3) Terms of Reference and Membership Approach for Gulf Coast Ecosystem Restoration Science Program Advisory Working Group; (4) National Academy of Public Administration Report: Forecasting the Future- Assuring the Capacity of the National Weather Service; (5) Arctic Policy and Management; (6) Arctic Science; (7) Climate Working Group- Proposed Change in Terms of Reference and Working Group Update; (8) Ecosystem Sciences and Management Working Group-Proposed New Member and Working Group Update; (9) Environmental Information Services Working Group-Membership and Working Group Update; and (10) Updates from Data Archive and Access Requirements and Ocean Exploration Advisory Working Groups.

We, NMFS, announce proposed revisions to the Code of Federal Regulations (CFR) to clarify and update the descriptions of species under NMFS' jurisdiction that are currently listed as threatened or endangered under the Endangered Species Act of 1973 (ESA). Revisions include format changes to our lists of threatened and endangered species, revisions to regulatory language explaining our lists, updates to the descriptions of certain listed West Coast salmonid species to add or remove hatchery stocks consistent with our recently completed five-year reviews under ESA section 4(c)(2), and corrections to regulatory text to fix inadvertent errors from previous rulemakings and update cross-references. We do not propose to add or remove any species to or from our lists, change the status of any listed species, or add or revise any critical habitat designation.

The National Marine Fisheries Service (NMFS) is announcing its intent to prepare a recovery plan for Oregon Coast coho salmon (Oncorhynchus kisutch) Evolutionarily Significant Unit (ESU) (OC coho) and requests information from the public. We are required by the Endangered Species Act of 1973 (ESA), as amended, to develop plans for the conservation and survival of federally listed species, i.e., recovery plans.

NOAA announces the availability of and request for comments on the Draft NOAA Procedures for Government-to-Government Consultation With Federally Recognized Indian Tribes. This Draft Handbook is intended to assist NOAA staff in conducting effective government-to- government consultations and fulfilling NOAA's obligations under Executive Order 13175 and Department Administrative Order (DAO) 218-8 on Consultation and Coordination with Indian Tribal Governments, and the Department of Commerce Tribal Consultation Policy adopted on May 21, 2013 and published in the Federal Register on June 4, 2013.

The New England Fishery Management Council (Council) has cancelled the public meeting of its Ad hoc Sturgeon Committee that was scheduled for Wednesday, June 26, 2013 beginning at 9:30 a.m. in Holiday Inn, Peabody, MA.

NMFS proposes to implement management measures described in an abbreviated framework to the Fishery Management Plans (FMPs) for the Reef Fish Resources of the Gulf of Mexico prepared by the Gulf of Mexico Fishery Management Council (Gulf Council), and Coastal Migratory Pelagic Resource prepared by the Gulf Council and the South Atlantic Fishery Management Council (South Atlantic Council). If implemented, this rule would eliminate the requirement to submit a current certificate of inspection (COI) provided by the U.S. Coast Guard (USCG) with the application to renew or transfer a Federal Gulf of Mexico (Gulf) coastal migratory pelagic (CMP) or reef fish charter vessel/ headboat permit (hereafter referred to as a for-hire permit). The rule would eliminate the restriction on transferring for-hire permits to a vessel of greater authorized passenger capacity than specified on the permit. The rule would also prohibit the harvest or possession of CMP or reef fish species on a vessel with a Gulf for-hire permit that is carrying more passengers than is specified on the permit. The intended effect of this proposed rule is to simplify the passenger capacity requirements for transfers and renewals of Gulf CMP and reef fish for- hire permits to provide more flexibility in the use of these permitted vessels.

The Regulatory Flexibility Act (RFA) requires that the National Marine Fisheries Service (NMFS) periodically review existing regulations that have a significant economic impact on a substantial number of small entities, such as small businesses, small organizations, and small governmental jurisdictions. This plan describes how NMFS will perform this review and describes the regulations that are being proposed for review during the current review-cycle.