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Federal Register
Vol. 74, No. 88
Friday, May 8, 2009

Fish and Wildlife Service

Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Southwest Alaska Distinct Population Segment of the Northern Sea Otter (Enhydra lutris kenyoni)

ACTION: Proposed rule; reopening of public comment period; notice of public hearing.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our proposal to designate critical habitat for the southwest Alaska Distinct Population Segment (DPS) of the northern sea otter (Enhydra lutris kenyoni) under the Endangered Species Act of 1973, as amended (Act). This action will provide all interested parties with an additional opportunity to submit written comments on our December 16, 2008, proposed rule to designate approximately 15,225 square kilometers (km\2\) (5,879 square miles (mi\2\)) as critical habitat.
DATES: We are reopening the comment period until July 1, 2009. For more information, see Public Comments Solicited section below.


National Oceanic and Atmospheric Administration

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 Gulf of Mexico Recreational Fishery for Red Snapper

ACTION: Temporary rule; closure


SUMMARY: NMFS closes the recreational fishery for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). In addition, a person aboard a vessel for which a Federal charter vessel/headboat permit for Gulf reef fish has been issued, must also abide by these closure provisions in state waters if the Federal closure provisions are more restrictive than applicable state law. NMFS has determined this action is necessary to prevent the recreational fishery from exceeding its quota for the fishing year. This closure is necessary to prevent overfishing of Gulf red snapper.
DATES: The closure is effective 12:01 a.m., local time, August 15, 2009, through December 31, 2009. The recreational fishery will reopen on June 1, 2010, the beginning of the 2010 recreational fishing season.

Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Limited Access General Category Scallop Fishery to Individual Fishing Quota Scallop Vessels

ACTION: Temporary rule; closure.


SUMMARY: NMFS announces that the Limited Access General Category (LAGC) Scallop Fishery will close to individual fishing quota (IFQ) scallop vessels until it re-opens on June 1, 2009, under current regulations. This action is based on the determination that the first quarter scallop total allowable catch (TAC) for LAGC IFQ scallop vessels (including vessels issued an IFQ letter of authorization (LOA) to fish under appeal), is projected to be landed. This action is being taken to prevent IFQ scallop vessels from exceeding the 2009 first quarter TAC, in accordance with the regulations implementing Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan (FMP), enacted by Framework 19 to the FMP, and the Magnuson-Stevens Fishery Conservation and Management Act.
DATES: The closure of the LAGC fishery to all IFQ scallop vessels is effective 0001 hr local time, May 6, 2009, through May 31, 2009.

Electronic Filing of Trade Documents for Fishery Products

ACTION: Advance notice of proposed rulemaking; request for comments


SUMMARY: NMFS issues this advance notice of proposed rulemaking to announce that it is revising procedures to file import and export documentation for certain fishery products to meet requirements of the SAFE Port Act of 2006, the Magnuson-Stevens Fishery Conservation and

Management Act, other applicable statutes, and obligations that arise from U.S. participation in regional fishery management organizations. Specifically, NMFS intends to integrate the collection of trade documentation within the government-wide International Trade Data System and require electronic information collection through the automated internet portal maintained by the United States Customs and Border Protection. NMFS is seeking advance public comment on the feasibility of electronic reporting by parties involved in an import or export transaction for applicable seafood products.

DATES: Written comments must be received by August 6, 2009.

Notice of Intent To Prepare an Environmental Impact Statement for Sea Turtle Conservation and Recovery in Relation to the Atlantic Ocean and Gulf of Mexico Trawl Fisheries and To Conduct Public Scoping Meetings

ACTION: Notice of intent to prepare an Environmental Impact Statement and conduct public scoping meetings.


SUMMARY: NMFS intends to prepare an Environmental Impact Statement (EIS) and to conduct public scoping meetings to comply with the National Environmental Policy Act (NEPA) by assessing potential impacts resulting from the proposed implementation of new sea turtle regulations in the Atlantic and Gulf of Mexico trawl fisheries. These requirements are proposed to protect threatened and endangered sea turtles in the western Atlantic Ocean and Gulf of Mexico from incidental capture, and would be implemented under the Endangered Species Act (ESA). NMFS announced consideration of rulemaking for these new sea turtle regulations February 15, 2007 in an Advance Notice of Public Rulemaking.
DATES: The public scoping period starts May 8, 2009 and will continue until July 10, 2009. NMFS will consider all written comments received or postmarked by July 10, 2009, in defining the scope of the EIS. Comments received or postmarked after that date will be considered to the extent practicable. Verbal comments will be accepted at the NMFS scoping meetings as specified below.
ADDRESSES: NMFS will hold public scoping meetings to provide the public with an opportunity to present verbal comments on the scope of the EIS and to learn more about the proposed action from NMFS officials. Where practical, NMFS will hold scoping meetings in conjunction with Council/Commission meetings. Scoping meetings will be held at the following locations:

1. Silver Spring--NOAA Science Center, 1301 East West Highway, Silver Spring, MD 20910.

2. New York--Mid-Atlantic Fishery Management Council meeting, Radisson Martinique on Broadway, 49 West 32nd Street, New York, NY 10001.

3. Brunswick--Georgia Department of Natural Resources Coastal Division Headquarters, Conservation Way, Brunswick, GA 31520.

4. Manteo--Roanoke Festival Park, Small Auditorium, One Festival Park, Manteo, NC 27954.

5. Portland--New England Fishery Management Council meeting, Holiday Inn by the Bay, 88 Spring Street, Portland, ME 04101.

The meeting dates are:

1. May 15, 2009, 10 a.m. to 12 p.m., Silver Spring, MD.

2. June 9, 2009, 7 p.m. to 9 p.m., New York, NY.

3. June 15, 2009, 7 p.m. to 9 p.m., Brunswick, GA.

4. June 20, 2009, 2 p.m. to 4 p.m., Manteo, NC.

5. June 23, 2009, 7 p.m. to 4 p.m., Portland, ME.

In addition to the five scoping meetings, NMFS will also present the Scoping document to the four Atlantic Regional Fishery Management Councils (FMCs) (New England, Mid-Atlantic, South Atlantic and Gulf of Mexico FMCs) and the Atlantic States Marine Fisheries Commissions.

Please see the Councils' and Commission's May and June meeting notices for agenda, dates, times and locations.

Notice of Availability of the Marine Mammal Health and Stranding Response Program Record of Decision

ACTION: Notice of Availability (NOA) of Record of Decision.


SUMMARY: The National Marine Fisheries Service (NMFS) announces the availability of the Record of Decision (ROD) for the Marine Mammal Health and Stranding Response Program (MMHSRP). This ROD announces NMFS' decisions for implementing the MMHSRP. Pursuant to the National Environmental Policy Act (NEPA) and implementing regulations, NMFS prepared a Programmatic Environmental Impact Statement (PEIS) that evaluated the potential environmental and socioeconomic effects associated with alternatives for the MMHSRP's activities.


National Park Service

Final Environmental Impact Statement: Mountain Lakes Fisheries Management Plan; North Cascades National Park Complex, Skagit and Whatcom Counties, WA; Notice of Approval of Record of Decision

Notice of Approval of Record of Decision


Summary: Pursuant to Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended) and the regulations promulgated by the Council on Environmental Quality (40 CFR Part 1505.2), the Department of the Interior, National Park Service has prepared and approved a Record of Decision for the Final Environmental Impact Statement (FEIS) for the Mountain Lakes Fisheries Management Plan, prepared pursuant to a 1991 Consent Decree between the North Cascades Conservation Council and the National Park Service. The FEIS and Draft EIS were prepared in cooperation with the Washington Department of Fish and Wildlife (WDFW). The requisite no-action ``wait period'' was initiated July 18, 2008, with the Environmental Protection Agency's notification of the filing of the FEIS published in the Federal Register.

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