National Oceanic and Atmospheric Administration 2014 – Federal Register Recent Federal Regulation Documents

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit (EFP) application contains all of the required information and warrants further consideration. This EFP would allow two commercial fishing vessels to fish outside of the limited access scallop days-at-sea (DAS) program in support of scallop incidental mortality research conducted by the Coonamessett Farm Foundation. It would also allow the vessels to fish in the Eastern and Western Areas of the Nantucket Lightship Closed Area. Additionally, the EFP would exempt participating vessels from the crew size restriction and reporting requirements, and would allow vessels to temporarily possess various species of fish for sampling purposes only. 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 EFPs.

NMFS announces that the Pacific Fishery Management Council (Council) has transmitted Amendment 18 to the Pacific Coast Salmon Fishery Management Plan for Commercial and Recreational Salmon Fisheries off the Coasts of Washington, Oregon, and California (FMP) for Secretarial review. Amendment 18 revises the description and identification of essential fish habitat (EFH) for Pacific salmon, designates habitat areas of particular concern (HAPC), modifies the current information on fishing activities and potential measures to minimize their effects on EFH, and updates the list of non-fishing related activities that may adversely affect EFH and potential conservation and enhancement measures to minimize those effects. Amendment 18 is available on the Council's Web site (www.pcouncil.org).

NMFS issues this final rule to implement Amendment 20A to the Fishery Management Plan for the Coastal Migratory Pelagic Resources (CMP) in the Gulf of Mexico and Atlantic Region (FMP) (Amendment 20A), as prepared and submitted by the Gulf of Mexico (Gulf Council) and South Atlantic Fishery Management Council (South Atlantic Council) (collectively, the Councils). This final rule restricts sales of king and Spanish mackerel caught under the bag limit (those fish harvested by vessels that do not have a valid commercial vessel permit for king or Spanish mackerel and are subject to the bag limits) and removes the income qualification requirements for king and Spanish mackerel commercial vessel permits. The purpose of this final rule is to obtain more accurate landings data while ensuring the CMP fishery resources are utilized efficiently.

The SEDAR Procedural Workshop 7 will evaluate the shrimp data in the South Atlantic. See SUPPLEMENTARY INFORMATION.

The North Pacific Fishery Management Council (Council) submitted Amendment 105 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) to the Secretary of Commerce (Secretary) for review. If approved, Amendment 105 would establish a process for Western Alaska Community Development Quota (CDQ) groups and cooperatives established under the Amendment 80 Program (Amendment 80 cooperatives) to exchange harvest quota from one of three flatfish species (flathead sole, rock sole, and yellowfin sole) for an equal amount of another of these three flatfish species, while maintaining total catch below acceptable biological catch (ABC) limits for each species and below the sum of the total allowable catches (TACs) for all three species. This action would modify the annual harvest specification process to allow the Council to establish the maximum amount of flathead sole, rock sole, and yellowfin sole that may be exchanged based on social, economic, or biological considerations. This action is necessary to mitigate the operational variability, environmental conditions, and economic factors that may constrain the CDQ groups and Amendment 80 cooperatives from achieving, on a continuing basis, the optimum yield (OY) in the Bering Sea and Aleutian Islands Management Area (BSAI) groundfish fisheries. This action is intended to promote the goals and objectives of the Magnuson- Stevens Fishery Conservation and Management Act, BSAI FMP, and other applicable laws.

The Mid-Atlantic Fishery Management Council's (MAFMC) Summer Flounder, Scup, and Black Sea Bass Advisory Panel (AP) will hold a public meeting.

With this final rule, NOAA re-establishes the process by which communities may submit applications to have NOAA consider nominations of areas of the marine and Great Lakes environments as national marine sanctuaries. Communities, in this context, are defined as a collection of interested individuals or groups (e.g., a friends of group, a chamber of commerce); local, tribal, state, or national agencies; elected officials; or topic-based stakeholder groups, at the local, regional or national level (e.g., a local chapter of an environmental organization, a regionally-based fishing group, a national-level recreation or tourism organization, academia or science-based group, or an industry association). Through this nomination process, NOAA is seeking to give communities an opportunity to identify special marine and Great Lakes areas they believe would benefit from designation as a national marine sanctuary. There is no requirement for who may nominate an area for consideration; however, nominations should demonstrate broad support from a variety of stakeholders and interested parties. This rule contains the criteria and considerations NOAA will use to evaluate national marine sanctuary nominations, describes the process for submitting national marine sanctuary nominations, and promulgates the regulations necessary to implement this action. If NOAA determines a nomination adequately meets the final criteria and considerations, it may place that nomination into an inventory of areas for the NOAA Administrator, as delegated from the Secretary of Commerce, to consider for designation as a national marine sanctuary. As such, NOAA is not designating any new national marine sanctuaries with this action. In issuing this rule, NOAA replaces the currently inactive Site Evaluation List with a new process for communities and other interested parties to work collaboratively and innovatively in their submission of national marine sanctuary nominations. The re-opening of the sanctuary nomination process was supported by the majority of the nearly 18,000 comments NOAA received on its proposed rule issued June 28, 2013.

This notice announces the date, time, and location of the public meeting being held prior to the 65th International Whaling Commission (IWC) meeting.

NMFS plans to issue a permit for a period of three years to authorize the incidental, but not intentional, taking of three stocks of marine mammals listed as threatened or endangered under the Endangered Species Act (ESA) by the Hawaii deep-set and shallow-set longline fisheries. In accordance with the Marine Mammal Protection Act (MMPA), NMFS must issue this permit provided that it can make the determinations that: The incidental take will have a negligible impact on the affected stocks; a recovery plan for all affected stocks of threatened or endangered marine mammals has been developed or is being developed; and as required by the MMPA, a take reduction plan and monitoring program have been implemented and vessels in the Hawaii deep-set and shallow-set longline fisheries are registered. NMFS has made a preliminary determination that incidental taking from commercial fishing will have a negligible impact on the endangered humpback whale, Central North Pacific (CNP) stock; sperm whale, Hawaii stock; and false killer whale, Main Hawaiian Islands (MHI) insular stock. Recovery plans have been completed for humpback and sperm whales, and a recovery plan has been initiated for MHI insular false killer whales. NMFS solicits public comments on the draft negligible impact determination and on the proposal to issue a permit to vessels that operate in these fisheries for the taking of affected endangered stocks of marine mammals.

NMFS announces the renewal of permits to SeaShare, authorizing this organization to distribute Pacific salmon and Pacific halibut to economically disadvantaged individuals under the prohibited species donation (PSD) program. Salmon and halibut are caught incidentally during directed fishing for groundfish with trawl gear off Alaska. This action is necessary to comply with provisions of the PSD program and is intended to promote the goals and objectives of the North Pacific Fishery Management Council.

The SEDAR 39 assessment of the HMS Smoothhound Sharks: A Data Workshop; a series of Assessment webinars; and a Review Workshop. See SUPPLEMENTARY INFORMATION.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a letter of authorization (LOA) has been issued to the Naval Air Warfare Center Weapons Division, U.S. Navy (Navy), to take three species of seals and sea lions incidental to missile launch operations at San Nicolas Island (SNI), California, a military readiness activity.

NMFS issues regulations to implement Amendment 5 to the Fishery Management Plan for the Dolphin and Wahoo Fishery off the Atlantic States (FMP) (Amendment 5), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This rule revises the annual catch limits (ACLs) and accountability measures (AMs) for the commercial and recreational sectors of dolphin and wahoo, and updates the framework procedures for the FMP. In addition, Amendment 5 revises the acceptable biological catch (ABC) values and recreational annual catch targets (ACTs) for dolphin and wahoo. The purpose of Amendment 5 and this rule is to help achieve optimum yield (OY) within the dolphin and wahoo fishery, and to minimize any negative socio- economic impacts to the affected fishing participants, to the extent practicable, in accordance with the requirements of the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

The Caribbean Fishery Management Council (Council) will hold public hearings to obtain input from fishers, the general public and the local agencies representatives on the Draft Comprehensive Amendment to the U.S. Caribbean Fishery Management Plans (FMPs): Annual Catch Limit Control Rule. Immediately following, the Council will hold scoping meetings on the Scoping Document that addresses the Timing of Accountability Measure-Based Seasonal Closures in all the U.S. Caribbean FMPs. These are separate actions, each of which would amend the Council FMPs for the Reef Fish Resources, Corals and Reef Associated Plants and Invertebrates, Spiny Lobster, and Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands. Dates and Addresses: The Public Hearings and Scoping Meetings will be held on the following dates and locations: In Puerto Rico: June 23rd, 20147 p.m.-10 p.m.Holiday Inn Ponce & Tropical Casino, 3315 Ponce By Pass, Ponce, Puerto Rico. June 24th, 20147 p.m.-10 p.m.Doubletree by Hilton San Juan Hotel, De Diego Avenue, San Juan, Puerto Rico. June 25th, 20147 p.m.-10 p.m.Club N[aacute]utico de Arecibo, Rd. 681 Km 1.4, Arecibo, Puerto Rico. June 26th, 20147 p.m.-10 p.m.Mayaguez Holiday Inn, 2701 Hostos Avenue, Mayaguez, Puerto Rico. June 30th, 20147 p.m.-10 p.m.Asociaci[oacute]n de Pescadores Unidos de Playa H[uacute]cares de Naguabo, Naguabo, Puerto Rico. In the U.S. Virgin Islands: June 23rd, 20147 p.m.-10 p.m.Windward Passage Hotel, Charlotte Amalie, St. Thomas, U.S. Virgin Islands. June 24th, 20147 p.m.-10 p.m.Buccaneer Hotel, Estate Shoys, Christiansted, St. Croix, U.S. Virgin Islands.

The Western Pacific Fishery Management Council (Council) announces a change in the dates for its Advisory Panel (AP) Meeting and change in agenda for the 116th Scientific and Statistical Committee Meeting and 160th Council Meeting.

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to construction activities as part of a wharf construction project. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to the Navy to incidentally take marine mammals, by Level B Harassment only, during the specified activity.

NMFS implements accountability measures (AMs) for the recreational sector for snowy grouper in the South Atlantic for the 2014 fishing year through this temporary rule. Average recreational landings from 2011-2013 exceeded the recreational annual catch limit (ACL) for snowy grouper. To account for this overage, this rule reduces the length of the 2014 recreational fishing season. Therefore, NMFS closes the recreational sector for snowy grouper on June 7, 2014. This closure is necessary to protect the snowy grouper resource.

The North Pacific Fishery Management Council has submitted Amendment 97 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). If approved, Amendment 97 would limit Chinook salmon prohibited species catch (PSC) in the Western and Central Gulf of Alaska (GOA) non-pollock trawl fisheries. This action would establish separate Chinook salmon PSC annual limits for the non-pollock trawl catcher vessel (CV) and catcher/processor (C/P) sectors and a seasonal limit for the C/P sector. The CV sector PSC limit would be further divided between vessels participating in the Central GOA Rockfish Program and vessels not participating in the Central GOA Rockfish Program. If a sector reached its seasonal or annual Chinook salmon PSC limit, NMFS would prohibit further directed fishing for non-pollock groundfish by vessels in that sector for the remainder of the season or fishing year. This proposed action would also establish salmon retention and discard requirements for vessels, shoreside processors and stationary floating processors participating in the non-pollock groundfish fisheries. The combination of these retention requirements will enable accurate reporting of salmon in eLandings at the processor. Salmon accounting at a processor may assist the industry in tracking and cooperatively managing its Chinook salmon PSC. This action is necessary to minimize the catch of Chinook salmon to the extent practicable in the Western and Central GOA non-pollock trawl fisheries. Amendment 97 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

The New England Fishery Management Council (Council) will hold a three-day meeting, June 17 through 19, 2014, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce is announcing a thirty day public comment period for the Waquoit Bay, Massachusetts National Estuarine Research Reserve Management Plan revision. The Waquoit Bay Reserve revised plan will replace the plan approved in 2006. The revised management plan outlines the administrative structure; the research & monitoring, education, training, and stewardship goals of the reserve; and the plans for future land acquisition and facility development to support reserve operations. The revised management plan will serve as the guiding document for the 2,804 acre Waquoit Bay Reserve for the next five years.

NMFS has received an application from Glacier Bay National Park (Glacier Bay NP) to take marine mammals, by harassment incidental to conducting seabird research from July through September, 2014. The proposed dates for this action would be July 22, 2014 through September 30, 2014. Per the Marine Mammal Protection Act, we are requesting comments on our proposal to issue an Authorization to the Glacier Bay NP to incidentally take, by Level B harassment only, one species of marine mammals during the specified activity.

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 Amendment 8 to the Fishery Management Plan for Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region (FMP) (Amendment 8), as prepared by the South Atlantic Fishery Management Council (Council). If implemented, this rule would expand portions of the northern and western boundaries of the Oculina Bank habitat area of particular concern (HAPC) (Oculina Bank HAPC) and allow transit through the Oculina Bank HAPC by fishing vessels with rock shrimp onboard; modify vessel monitoring systems (VMS) requirements for rock shrimp fishermen transiting through the Oculina Bank HAPC; expand a portion of the western boundary of the Stetson Reefs, Savannah and East Florida Lithotherms, and Miami Terrace Deepwater Coral HAPC (CHAPC) (Stetson- Miami Terrace CHAPC), including modifications to the shrimp access area A, which is proposed to be renamed ``shrimp access area 1''; and expand a portion of the northern boundary of the Cape Lookout Lophelia Banks Deepwater CHAPC (Cape Lookout CHAPC). In addition, this proposed rule makes a minor administrative change to the names of the shrimp fishery access areas. The purpose of this rule is to increase protections for deepwater coral based on new information for deepwater coral resources in the South Atlantic.

Notice is hereby given that a major amendment to Permit No. 14450-01 has been issued to the National Marine Fisheries Service's Southeast Fisheries Science Center (SEFSC), 75 Virginia Beach Drive, Miami, FL 33149 [Principal Investigator: Dr. Keith Mullin].

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.