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

The Western Pacific Fishery Management Council (Council) will hold a meeting of its Scientific and Statistical Committee (SSC) sub- Working Group to review and discuss the 2014 draft Stock Assessment Update for the Main Hawaiian Islands Deep-7 Bottomfish Complex through 2013 with Projected Annual Catch Limits (ACLs) through 2016. The sub- group would also review the comments of the Center for Independent Experts (CIE) on the Biomass-Augmented Catch-Maximum Sustainable Yield (BAC-MSY) model used for developing reference points for ACL specification.

This final rule changes on-reel trawl gear stowage requirements when fishing vessels are transiting closed areas or fishing in areas with mesh size restrictions. Specifically, this action allows a vessel to use a highly visible orange or yellow mesh material as an alternative to the current requirement to use a tarp or similar canvas material. In addition, this action removes the requirement to detach the towing wires from the doors for all on-reel gear stowage and removes the requirement to detach the towing wires from the net. Finally, to help streamline the gear stowage requirements, this action also reorganizes the current gear stowage regulations. This action is being implemented under authority delegated to the NMFS Regional Administrator. This action is intended to improve safety of fishing operations while at sea.

We (NMFS) announce a 90-day finding on seven Indo-Pacific species included in a petition to list eight species of pomacentrid reef fish as threatened or endangered under the Endangered Species Act (ESA). These are the orange clownfish (Amphiprion percula) and six other damselfishes: The Hawaiian dascyllus (Dascyllus albisella), blue- eyed damselfish (Plectroglyphidodon johnstonianus), black-axil chromis (Chromis atripectoralis), blue-green damselfish (Chromis viridis), reticulated damselfish (Dascyllus reticulatus), and blackbar devil or Dick's damselfish (Plectroglyphidodon dickii). Another of our regional offices is leading the response to the petition to list the yellowtail damselfish (Microspathodon chrysurus) and a separate 90-day finding will be issued later for this species. We find that the petition presents substantial information indicating that the petitioned action may be warranted for the orange clownfish (Amphiprion percula). We will conduct a status review for this species to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information pertaining to Amphiprion percula from any interested party. We find that the petition fails to present substantial scientific or commercial information indicating that the petitioned action may be warranted for the remaining six petitioned Indo-Pacific species: The Hawaiian dascyllus (Dascyllus albisella), reticulated damselfish (Dascyllus reticulatus), blue-eyed damselfish (Plectroglyphidodon johnstonianus), black-axil chromis (Chromis atripectoralis), blue-green damselfish (Chromis viridis), and blackbar devil or Dick's damselfish (Plectroglyphidodon dickii).

We, NMFS, announce a 12-month finding and listing determination on a petition to list the Nassau grouper (Epinephelus striatus) as threatened or endangered under the Endangered Species Act (ESA). We have completed a status review of the Nassau grouper in response to a petition submitted by WildEarth Guardians. After reviewing the best scientific and commercial data available, we have determined that the Nassau grouper meets the definition of a threatened species. While the species still occupies its historical range, spawning aggregations have been reduced in size and number due to fishing pressure. The lack of adequate management measures to protect these aggregations increases the extinction risk of Nassau grouper. Based on these considerations, described in more detail in this proposed rule, we conclude that the Nassau grouper is not currently in danger of extinction throughout all or a significant portion of its range, but is likely to become so within the foreseeable future. We are soliciting information that may be relevant to inform the final listing and designation of critical habitat.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Oversight Committee 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.

The Hydrographic Services Review Panel (HSRP) is a Federal Advisory Committee established to advise the Under Secretary of Commerce for Oceans and Atmosphere on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998, as amended, and such other appropriate matters that the Under Secretary refers to the Panel for review and advice. Date and Time: The public meeting will be held on September 16-18, 2014. September 16th from 9:00 a.m. to 2:30 p.m., September 17th from 8:00 a.m. to 5:00 p.m. and September 18th from 8:00 a.m. to 2:15 p.m. EDT. Location: Courtyard Marriott, 125 Calhoun St., Charleston, South Carolina, 29401, tel: (843) 805-7900.

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to SAExploration, Inc. (SAE) to take, by harassment, small numbers of marine mammals incidental to a marine 3-dimensional (3D) ocean bottom node (OBN) seismic survey program in the Beaufort Sea, Alaska, during the 2014 Arctic open-water season.

In accordance with the Marine Mammal Protection Act (MMPA), notification is hereby given that NMFS has issued an IHA to the United States (U.S.) Geological Survey (USGS), Lamont-Doherty Earth Observatory of Columbia University (L-DEO), and National Science Foundation (NSF) to take marine mammals, by Level B harassment, incidental to conducting a marine geophysical (seismic) survey in the Atlantic Ocean off the Eastern Seaboard, August to September 2014 and April to August 2015.

NMFS issues a proposed rule that would implement Amendment 103 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) to close year-round the Pribilof Islands Habitat Conservation Zone (PIHCZ) to directed fishing for Pacific cod with pot gear to minimize bycatch and prevent overfishing of Pribilof Islands blue king crab (PIBKC). This action would promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable law.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Recreational Advisory Panel 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.

The North Pacific Fishery Management Council (Council) Ecosystem Committee will meet in Seattle, WA.

Notice is hereby given that a permit has been issued to Alejandro Acevedo-Guti[eacute]rrez, Ph.D. of Western Washington University's Department of Biology, 516 High Street, Bellingham, WA 98225, to conduct research on harbor seals (Phoca vitulina).

NMFS is opening directed fishing for Greenland turbot in the Bering Sea subarea of the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2014 initial total allowable catch (ITAC) of Greenland turbot in the Bering Sea subarea of the BSAI.

The North Pacific Fishery Management Council (Council) will hold a public outreach meeting on the Bering Sea Fishery Ecosystem Plan (FEP).

The South Atlantic Fishery Management Council (Council) will hold meetings of the: Scientific and Statistical Committee (SSC) Committee (CLOSED SESSION); Southeast Data, Assessment and Review (SEDAR) Committee; Advisory Panel Selection Committee; Highly Migratory Species (HMS) Committee; Protected Resources Committee; Golden Crab Committee; Information and Education Committee; Data Collection Committee; Executive Finance Committee; Snapper Grouper Committee; a joint committee meeting of the Dolphin Wahoo Committee and Snapper Grouper Committee; King & Spanish Mackerel Committee; Habitat Committee; Ecosystem-Based Management Committee; and a meeting of the Full Council. The Council will take action as necessary. The Council will also hold an informal public question and answer session regarding agenda items and a formal public comment session. See SUPPLEMENTARY INFORMATION for specific dates and times.

Notice is hereby given that a major amendment to Permit No. 14610-02 has been issued to the Alaska Department of Fish and Game (ADFG), Division of Wildlife Conservation, Juneau, AK (Principal Investigator: Lori Quakenbush).

The NOAA Office of Ocean and Coastal Resource Management (OCRM) published a notice in the Federal Register on 25 July 2014 announcing its intent to evaluate the Chesapeake Bay National Estuarine Research Reserve in Virginia, Waquoit Bay National Estuarine Research Reserve, and Indiana Coastal Management Program. This document contains corrections to that notice, regarding the date of the public meeting for the Chesapeake Bay National Estuarine Research Reserve in Virginia and the dates for which written comments will be accepted for the Chesapeake Bay National Estuarine Research Reserve in Virginia, Waquoit Bay National Estuarine Research, and Indiana Coastal Management Program.

NMFS, Southeast Region, in collaboration with the South Atlantic Fishery Management Council (Council), is preparing an EA for the Generic Accountability Measure (AM) and Dolphin Allocation Amendment. This notice is intended to inform the public of the change from the preparation of a draft environmental impact statement (DEIS) to an EA for this amendment. The Generic AM and Dolphin Allocation Amendment would amend the Fishery Management Plans (FMPs) for the Dolphin and Wahoo Fishery of the Atlantic, the Snapper-Grouper Fishery of the South Atlantic Region, and the Golden Crab Fishery of the South Atlantic Region. The Generic AM and Dolphin Allocation Amendment will consider alternative AMs for snapper-grouper species and golden crab, as well as alternatives to modify existing commercial and recreational sector allocations for dolphin.

NMFS is prohibiting directed fishing for Kamchatka flounder in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2014 Kamchatka flounder initial total allowable catch (ITAC) in the BSAI.

NMFS is adjusting the Atlantic bluefin tuna (BFT) General category daily retention limit from the default limit of one large medium or giant BFT to four large medium or giant BFT for the September, October through November, and December time periods of the 2014 fishing year. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT.

The National Marine Fisheries Service (NMFS) publishes its proposed List of Fisheries (LOF) for 2015, as required by the Marine Mammal Protection Act (MMPA). The proposed LOF for 2015 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of mortality and serious injury of marine mammals that occurs incidental to each fishery. The classification of a fishery on the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan (TRP) requirements.

The SEDAR 41 assessments of the South Atlantic stocks of red snapper and gray triggerfish will consist of a series of workshops and webinars: A Data Workshop; an Assessment Workshop; and a Review Workshop.

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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

The New England Fishery Management Council (Council) is scheduling a public meeting of its Whiting Advisory Panel 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.

NMFS proposes regulations under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act) to implement decisions of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Commission or WCPFC) on fishing restrictions related to the oceanic whitetip shark (Carcharhinus longimanus), the whale shark (Rhincodon typus), and the silky shark (Carcharhinus falciformis). The regulations would apply to owners and operators of U.S. fishing vessels used for commercial fishing for highly migratory species (HMS) in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention). The regulations for oceanic whitetip sharks and silky sharks would prohibit the retention, transshipment, storage, or landing of oceanic whitetip sharks or silky sharks and would require the release of any oceanic whitetip shark or silky shark as soon as possible after it is caught, with as little harm to the shark as possible. The regulations for whale sharks would prohibit setting a purse seine on a whale shark and would specify certain measures to be taken and reporting requirements in the event a whale shark is encircled in a purse seine net. This action is necessary for the United States to satisfy its obligations under the Convention, to which it is a Contracting Party.