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

NMFS proposes regulations to implement management measures described in a framework action to the Fishery Management Plans for the Reef Fish Resources of the Gulf of Mexico (Gulf), as prepared by the Gulf of Mexico Fishery Management Council (Gulf Council); and Coastal Migratory Pelagic (CMP) Resources of the Gulf and South Atlantic Region, as prepared by the Gulf Council and the South Atlantic Fishery Management Council (South Atlantic Council) (Headboat Reporting Framework). If implemented, this rule would modify the recordkeeping and reporting requirements for headboat owners and operators who fish for species managed by the Gulf Council through the previously mentioned FMPs. These revisions would require fishing records to be submitted electronically (via computer or internet) on a weekly basis or at intervals shorter than a week if notified by the NMFS' Southeast Fisheries Science Center (SEFSC) Science and Research Director (SRD), and would prohibit headboats from continuing to fish if they are delinquent in submitting reports. The purpose of this rule is to obtain timelier fishing information from headboats to better monitor recreational annual catch limits (ACLs), improve stock assessments, and improve compliance with reporting in Gulf fisheries.

NOAA has typically updated tidal datum elevations for the nation to new National Tidal Datum Epoch (NTDE) time periods every 20- 25 years. Updates are necessary due to long-term sea level change. In 1998, NOS recognized the need for a modified procedure for determination of tidal datums for regions with anomalously high rates of relative sea level change. This modified procedure is necessary at selected stations to ensure that the tidal datums accurately represent the existing stand of sea level. The procedure is limited only to those stations in areas with high rates of vertical land motion that have documented anomalous relative sea level trends exceeding 9.0 millimeters per year. Sea level analyses in these anomalous regions are conducted approximately every 5 years to determine if the mean sea level difference exceeds the established threshold tolerances in order to qualify for a special update. Anomalous relative sea level trends are seen along the western Gulf Coast, southeast Alaska, and southern Cook Inlet, AK. For example, the magnitude of the sea level trends in these areas is +9.24 millimeters per year in Grand Isle, LA; -12.92 millimeters per year in Juneau, AK; and -9.45 millimeters per year in Seldovia, AK. This procedure is necessary to provide the most accurate information available for applications that are essential to supporting Federal, State and private sector coastal zone activities, including hydrographic surveys and coastal mapping, navigational safety, wetland restoration, marine boundary determinations, coastal engineering, storm warnings and hazard mitigation, emergency management, and hydrodynamic modeling. While maintaining the 19 year NTDE computational period for tidal mean range and diurnal range, a shorter more recent 5 year computational period is used to compute the mean tide level datums to better reflect the current elevation of mean sea level relative to the land. Consequently, tidal datums at stations exhibiting anomalous trends are computed from mean sea level, diurnal tide level and mean tide level values for the most recent 5 year time period, and tidal ranges (GT and MN) based on the most recent full 19 year NTDE at stations. The average absolute difference between 19 year NTDE time periods across the nation of 0.03 meters (0.10 foot) is generally used as the threshold difference to warrant consideration of a 19 year NTDE update, and a 20-25 year review cycle has been adequate to capture the changes of 0.03-0.04 meters for most locations. To meet this target at locations with anomalous rates of sea level change, tidal datum elevation updates must occur more frequently. In general, the vertical changes in datum elevations which result from these more frequent special tidal datum updates every 5 years are kept as close to the 0.03 meters (0.10 foot) to 0.05 meter target as possible. In comparison to the overall accuracy of hydrographic- cartographic processes and scale and resolution and accuracy of soundings on the NOAA nautical charts, these elevations changes will not necessitate a correction or update to the charts every time a datum update is issued. However, in regions that have experienced rapid land movement, the changes to actual soundings and shoreline depiction may need to be updated on the next regularly scheduled chart edition. Although depictions of the datum changes will not be evident on the largest scale NOAA nautical charts, the datum changes will be noticeable when establishing or re-occupying tide stations using accepted surveying techniques and updating elevations on tidal bench marks provided by NOAA. Appropriate outreach will be conducted per office guidelines prior to performing each update.

We (NMFS) announce a 90-day finding on a petition to list 23 species of corals as threatened or endangered under the Endangered Species Act (ESA). We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted for 3 species: Cantharellus noumeae, Siderastrea glynni, and Tubastraea floreana. Therefore, we will conduct status reviews of the three species to determine if the petitioned actions are warranted. To ensure that the status reviews are comprehensive, we are soliciting scientific and commercial information pertaining to these petitioned species from any interested party. We find that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted for 20 species: Acropora roseni, Acropora suharsonoi, Alveopora excelsa, Alveopora minuta, Ctenella chagius, Hydnophora bonsai, Isopora togianensis, Lithophyllon ranjithi, Lobophyllia serratus, Millepora boschmai, Millepora striata, Montipora setosa, Parasimplastrea sheppardi, Pectinia maxima, Pocillopora fungiformis, Porites desilveri, Porites eridani, Porites ornata, Rhizopsammia wellingtoni, and Stylophora madagascarensis.

NMFS is opening directed fishing for pollock in Statistical Area 620 of the Gulf of Alaska (GOA). This action is necessary to fully use the 2013 total allowable catch of pollock in Statistical Area 620 of the GOA.

The South Atlantic Fishery Management Council (Council) will hold a scoping meeting pertaining to Amendment 31 to the Snapper Grouper Fishery Management Plan (FMP).

The New England Fishery Management Council (Council) will hold public meeting of its ABC Control Rule Working Group (ABC WG).

The SEDAR assessment of the Gulf of Mexico and South Atlantic King Mackerel will consist of several workshops and a series of webinars. See SUPPLEMENTARY INFORMATION.

NMFS is closing the directed herring fishery in management area 1A, because it projects that 92 percent of the catch limit for that area will have been caught by the effective date. Effective 0001 hr, October 15, 2013, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of Atlantic herring (herring) per trip or calendar day in or from Management Area 1A until June 1, 2014, when the 2014 allocation for Area 1A becomes available. Vessels that have entered port before 0001 hr on October 15, 2013, may possess, offload, and sell more than 2,000 lb of herring from Area 1A, from that trip, after the closure. Also effective 0001 hr, October 15, 2013, federally permitted dealers may not receive more than 2,000 lb (907.2 kg) of herring caught within Management Area 1A per trip or calendar day, unless it is from a trip landed by a vessel that entered port before 0001 hr on October 15, 2013.

NMFS implements an accountability measure (AM) for commercial king mackerel in the northern Florida west coast subzone of the eastern zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary final rule. NMFS has determined that the commercial annual catch limit (ACL) (equal to the commercial quota) for king mackerel in the northern Florida west coast subzone of the Gulf EEZ will have been reached by October 12, 2013. Therefore, NMFS closes the northern Florida west coast subzone to commercial king mackerel fishing in the EEZ at noon, local time, October 12, 2013, until 12:01 a.m., local time, on July 1, 2014. This closure is necessary to protect the Gulf king mackerel resource.

NMFS reduces the commercial trip limit for vermilion snapper in or from the exclusive economic zone (EEZ) of the South Atlantic to 500 lb (227 kg), gutted weight. This trip limit reduction is necessary to protect the South Atlantic vermilion snapper resource.

NMFS announces the closure of the 2013 commercial fishing season for red snapper in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. Commercial landings for red snapper, as estimated by the Science and Research Director (SRD), are projected to reach the commercial annual catch limit (ACL) for red snapper on October 8, 2013. Therefore, NMFS closes the commercial sector for red snapper in the South Atlantic EEZ on October 8, 2013. This closure is necessary to protect the South Atlantic red snapper resource.

The Gulf of Mexico Fishery Management Council (Council) will hold meetings of the: Mackerel, Sustainable Fisheries/Ecosystem, and Reef Fish Management Committees; and a meeting of the Full Council. The Council will also hold an informal public question and answer session regarding agenda items and a formal public comment session.

NMFS announces a temporary removal of the 2,000-lb (907.2 kg) trip limit for the Atlantic herring fishery in Management Area 2 (Area 2) because catch data indicate that 95 percent of the total sub-annual catch limit (sub-ACL) threshold in Area 2 has not been fully attained. Vessels issued a Federal permit to harvest Atlantic herring may resume fishing for and landing herring in amounts greater than 2,000 lb (907.2 kg), consistent with their respective Atlantic herring permit categories, effective 0001 hrs, October 1, 2013.

NMFS is implementing Framework Adjustment 2 to the Atlantic Herring Fishery Management Plan (Framework 2) and the 2013-2015 fishery specifications for the Atlantic herring fishery (2013-2015 specifications). Framework 2 allows the New England Fishery Management Council (Council) to split annual catch limits seasonally for the four Atlantic herring management areas, and the carryover of unharvested catch, up to 10 percent for each area's annual catch limit. The specifications set catch specifications for the herring fishery for the 2013-2015 fishing years and establish seasonal splits for management areas 1A and 1B as recommended to NMFS by the Council.

NMFS has received a request from the California Department of Transportation (CALTRANS) for an incidental take authorization to take small numbers of California sea lions, Pacific harbor seals, harbor porpoises, and gray whales, by harassment, incidental to construction activities associated with the East Span of the San Francisco-Oakland Bay Bridge (SF-OBB) in California. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to CALTRANS to incidentally take, by harassment, small numbers of marine mammals for a period of 1 year.

The National Marine Fisheries Service (NMFS) is announcing its intent to prepare a recovery plan for the Main Hawaiian Islands insular false killer whale (Pseudorca crassidens) distinct population segment (MHI Insular FKW) and requests information from the public. NMFS is required by section 4(f) of the Endangered Species Act of 1973 (ESA), as amended, to develop and implement recovery plans for the conservation and survival of federally listed species unless the Secretary finds that such a plan will not promote the conservation of the species.

NMFS informs surfclam and ocean quahog individual transferable quota (ITQ) allocation holders that they will be required to purchase their fishing year 2014 (January 1, 2014-December 31, 2014) cage tags from the National Band and Tag Company. The intent of this notice is to comply with regulations for the Atlantic surfclam and ocean quahog fisheries and to promote efficient distribution of cage tags.

The North Pacific Fishery Management Council submitted Amendment 99 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) to NMFS for review. If approved, Amendment 99 would enable the holders of license limitation program (LLP) licenses authorizing a designated vessel to catch and process Pacific cod in the BSAI hook-and-line fisheries to use newly built or existing vessels that are not eligible under current vessel length and capacity restrictions. This action is necessary to promote safety-at-sea by encouraging the replacement of older vessels with newer and more efficient vessels that are able to meet modern vessel safety standards. This action is intended to facilitate the increased retention and utilization of groundfish by allowing sector participants to use larger vessels with increased processing and hold capabilities. This action is intended to promote the goals and objectives of the FMP, the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and other applicable laws.

The South Atlantic Fishery Management Council (SAFMC) will hold a meeting of its Scientific and Statistical Committee (SSC). See SUPPLEMENTARY INFORMATION.

NMFS is reopening the comment period for its Proposed Rule to Designate Critical Habitat for the Northwest Atlantic Ocean Loggerhead Sea Turtle Distinct Population Segment (DPS) and Proposed Determination Regarding Critical Habitat for the North Pacific Ocean Loggerhead DPS. The comment period is being reopened to provide additional opportunity for public comment.

The Gulf of Mexico Fishery Management Council (Council) will hold a meeting of its Law Enforcement Advisory Panel in conjunction with the Gulf States Marine Fisheries Commission's Law Enforcement Committee.

The Pacific Fishery Management Council (Pacific Council) will hold a work session for the Groundfish Electronic Monitoring Policy Advisory Committee and Groundfish Electronic Monitoring Technical Advisory Committee (GEM Committees), which is open to the public.

Notice is hereby given that Kristen Hart, Ph.D., U.S. Geological Survey, 3205 College Ave., Davie, Florida, 33314 has been issued a permit to take loggerhead (Caretta caretta), hawksbill (Eretmochelys imbricata), Kemp's ridley (Lepidochelys kempii), and green (Chelonia mydas) sea turtles for purposes of scientific research.

NMFS proposes regulations to implement Amendment 27 (Amendment 27) 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 (South Atlantic Council). If implemented, Amendment 27 and this rule would extend the South Atlantic Council's management responsibility for Nassau grouper into the Gulf of Mexico (Gulf) exclusive economic zone (EEZ); increase the number of allowable crew members to four on dual-permitted snapper-grouper vessels (i.e., vessels holding a South Atlantic Charter Vessel/Headboat Permit for Snapper-Grouper and a South Atlantic Unlimited or a 225- Pound Trip Limit Snapper-Grouper Permit) that are fishing commercially; remove the prohibition on retaining any fish under the aggregate bag limit for grouper and tilefish or the vermilion snapper bag limit by captain and crew of federally permitted for-hire vessels; modify the snapper-grouper framework procedures to allow acceptable biological catch levels (ABCs), annual catch limits (ACLs), and annual catch targets (ACTs) to be adjusted via an abbreviated framework process; and remove blue runner from the FMP. The purpose of this rule is to streamline management of Nassau grouper, improve vessel safety for dual-permitted vessels, implement consistent regulations regarding captain and crew retention limits for snapper-grouper species, expedite adjustments to snapper-grouper catch limits when new scientific information becomes available, and minimize socio-economic impacts to fishermen who harvest and sell blue runner.