50 CFR Chapter I, Subchapter A - GENERAL PROVISIONS

The U.S. Fish and Wildlife Service (Service or we) is establishing migratory bird subsistence harvest regulations in Alaska for the 2015 season. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking establishes region-specific regulations that would go into effect on April 2, 2015, and expire on August 31, 2015.

We, the U.S. Fish and Wildlife Service (Service), are issuing this final rule to comply with court orders that reinstate the regulatory protections under the Endangered Species Act of 1973, as amended (ESA), for the gray wolf (Canis lupus) in Wyoming and the western Great Lakes. Pursuant to the U.S. District Court for the District of Columbia court order dated September 23, 2014, this rule reinstates the April 2, 2009 (74 FR 15123), final rule regulating the gray wolf in the State of Wyoming as a nonessential experimental population. Gray wolves in Montana, Idaho, the eastern third of Washington and Oregon, and north-central Utah retain their delisted status and are not impacted by this final rule. In addition, pursuant to the U.S. District Court for the District of Columbia court order dated December 19, 2014, this rule reinstates the March 9, 1978 (43 FR 9607), final rule as it relates to gray wolves in the western Great Lakes including endangered status for gray wolves in all of Wisconsin and Michigan, the eastern half of North Dakota and South Dakota, the northern half of Iowa, the northern portions of Illinois and Indiana, and the northwestern portion of Ohio; threatened status for gray wolves in Minnesota; critical habitat for gray wolves in Minnesota and Michigan; and the rule promulgated under section 4(d) of the ESA for gray wolves in Minnesota.

NMFS issues 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 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 prohibit the retention, transshipment, storage, or landing of oceanic whitetip sharks or silky sharks, and 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 prohibit setting a purse seine on a whale shark and 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.

This action corrects an omission in the final rule to designate critical habitat for three DPSs of rockfish from the Puget Sound/Georgia Basin. The final rule for “Designation of Critical Habitat for the Puget Sound/Georgia Basin Distinct Population Segments of Yelloweye Rockfish, Canary Rockfish and Bocaccio” failed to update the columns labeled “Critical habitat,” in the tables of threatened and endangered species to cross reference these new rules. Therefore, this document corrects the tables by citing the critical habitat designations in the columns of the tables.

On January 25, 2013, we, NMFS, received a petition submitted by the People for the Ethical Treatment of Animals Foundation to remove the exclusion of captive animals from the endangered species listing of Southern Resident killer whale DPS, as well as, recognize the captive killer whale ( Orcinus orca ) “Lolita” as a protected member of the endangered Southern Resident killer whale Distinct Population Segment (DPS). We completed a status review and published a proposed rule, and we are now amending the regulatory language of the Endangered Species Act (ESA) listing of the DPS by removing the exclusion for captive members of the population. We have further determined that Lolita, a female killer whale captured from the Southern Resident killer whale population in 1970 who resides at the Miami Seaquarium in Miami, Florida, is not excluded from the Southern Resident killer whale DPS due to her captive status. We proposed to amend the regulatory language of the ESA listing to remove the exclusion for captive whales from the Southern Resident killer whale DPS on January 27, 2014. Additionally, we solicited scientific and commercial information pertaining to the proposed rule and also conducted a peer review of the status review information on Lolita that informed the proposed rule. We have determined that captive members of the Southern Resident killer whale population should be included in the listed Southern Resident killer whale DPS. This rule amends the regulatory language of the listing to remove the exclusion for captive members of the DPS.

The National Marine Fisheries Service (NMFS) issues this final rule amending the Bottlenose Dolphin Take Reduction Plan (BDTRP) and its implementing regulations under the Marine Mammal Protection Act (MMPA). The rule requires the year-round use of modified pound net leaders for offshore Virginia pound nets in specified waters of the lower mainstem Chesapeake Bay and coastal state waters. Virginia pound net-related definitions, gear prohibitions, and non-regulatory measures are also finalized. This final rule is based on consensus recommendations of the Bottlenose Dolphin Take Reduction Team (BDTRT). For consistency, NMFS also amends current regulations and definitions for Virginia pound nets under the Endangered Species Act (ESA) for sea turtle conservation.

NMFS implements the annual catch limit (ACL), harvest guideline (HG), and associated annual reference points for Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of July 1, 2014, through June 30, 2015. This rule is implemented according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The 2014-2015 HG for Pacific mackerel is 29,170 metric tons (mt). This is the primary commercial fishing target level. The annual catch target (ACT), which will be the directed fishing harvest target, is 24,170 mt. If the fishery attains the ACT, the directed fishery will close, reserving the difference between the HG (29,170 mt) and ACT as a 5,000 mt set-aside for incidental landings in other CPS fisheries and other sources of mortality. This final rule is intended to conserve and manage the Pacific mackerel stock off the U.S. West Coast.

This action corrects a typographical error that appeared in the final rule implementing Amendment 7 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) that published in the Federal Register on December 2, 2014 (79 FR 71510). Specifically, this rule corrects one of the coordinates in the definition of the Cape Hatteras Gear Restricted Area (GRA) to make the geographic area in the definition match the geographic area analyzed and identified in all of the Amendment 7 documents.

We, the U.S. Fish and Wildlife Service (Service), in accordance with the Endangered Species Act of 1973, as amended (Act), are amending the List of Endangered and Threatened Wildlife (List) by adding five species of sawfish: Narrow sawfish ( Anoxypristis cuspidata ), dwarf sawfish ( Pristis clavata ), largetooth sawfish (collectively Pristis pristis; formerly Pristis pristis, Pristis microdon, and Pristis perotteti ), green sawfish ( Pristis zijsron ), and the non-U.S. distinct population segment (DPS) of smalltooth sawfish ( Pristis pectinata ). These amendments are based on previously published determinations by the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for these species.

NMFS reduces the trip limit in the hook-and-line component of the commercial sector for king mackerel in the southern Florida west coast subzone to 500 lb (227 kg) of king mackerel per day in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the king mackerel resource in the Gulf of Mexico (Gulf).

NMFS is prohibiting directed fishing for Pacific cod by catcher/processors using trawl gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2015 Pacific cod total allowable catch apportioned to catcher/processors using trawl gear in the Central Regulatory Area of the GOA.

NMFS has approved Framework Adjustment 52 to the Northeast Multispecies Fishery Management Plan. This final rule contains two modifications to the current windowpane flounder accountability measures. First, the size of the accountability measure gear-restricted areas can be reduced if we determine that improvements in windowpane flounder stock health occurred despite the catch limits being exceeded. Second, the duration of the accountability measure can be shortened if we determine that an overage of the catch limit did not occur in the year following the overage. This action allows us to implement accountability measures based on more current survey and catch data and increases fishing opportunities for the groundfish fishery while still preventing overfishing.

NMFS is adjusting the 2015 total allowable catch (TAC) amounts for the Bering Sea and Aleutian Islands (BSAI) pollock, Atka mackerel, and Pacific cod fisheries. This action is necessary because NMFS has determined these TACs are incorrectly specified, and will ensure the BSAI pollock, Atka mackerel, and Pacific cod TACs are the appropriate amounts based on the best available scientific information. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.

This document contains technical corrections for errors in a rule related to Endangered Species Act (ESA) protections for distinct population segments (DPSs) of the loggerhead sea turtle ( Caretta caretta ). The “Final Rule to Revise the Code of Federal Regulations (CFR) for Species Under the Jurisdiction of the National Marine Fisheries Service” revised the CFR tables that list threatened and endangered species under the ESA. During that process, we incorrectly revised the descriptions of listed entities for the DPSs of the loggerhead sea turtle in a manner that differs from the original listing descriptions. In this document, we correct the descriptions of the DPSs in the CFR tables. We also add cross-references to recently designated critical habitat of the Northwest Atlantic Ocean DPS of the loggerhead sea turtle.

On December 2, 2014, NMFS published the final rule for Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) to ensure sustainable management of bluefin tuna consistent with the 2006 HMS FMP and address ongoing challenges in the Atlantic bluefin tuna fisheries. The regulations implemented by the final rule require that an owner or operator of a commercial vessel permitted or required to be permitted in the Atlantic Tunas Longline category and that has pelagic longline gear on board that vessel, have installed, operate, and maintain an electronic monitoring (EM) system on the vessel. To enable vessels to comply with the EM requirements, NMFS is scheduling dates and locations for installation of, and training on the operation of, EM equipment on up to 135 vessels that were deemed eligible for initial bluefin tuna quota shares in Amendment 7. Although most Amendment 7 measures are effective as of January 1, 2015, the final rule specifies that EM installation must be completed by June 1, 2015, to fish with pelagic longline gear after that date. Therefore, in this notice NMFS is scheduling EM installations between January 1 and June 1, 2015. Pursuant to Amendment 7, NMFS is also providing information about the EM installation process.

The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 2015, as required by the Marine Mammal Protection Act (MMPA). The final 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.

NMFS publishes this final rule implementing regulations to codify type-approval standards, requirements, procedures, and responsibilities applicable to commercial Enhanced Mobile Transceiver Unit (EMTU) vendors and mobile communications service (MCS) providers seeking to obtain and maintain type-approval by NMFS for EMTU/MTU or MCS, collectively referred to as vessel monitoring systems (VMS), products and services. This rule is necessary to specify NMFS procedures for EMTU/MTU and MCS type-approval, type-approval renewal, and revocation; revise latency standards; and ensure compliance with type-approval standards.

This action updates the Federal list of authorized fisheries and gear issued under section 305(a) of the Magnuson-Stevens Fishery Conservation and Management Act (“List of Fisheries”). The List of Fisheries includes a description of fisheries that operate in the U.S. West Coast Exclusive Economic Zone (EEZ), the Pacific Fishery Management Council's (Council's) geographic area of authority. This action is necessary because the current list is outdated and either includes several fisheries that no longer occur, or does not include fisheries that do occur, within the U.S. West Coast EEZ. This rule would bring the list up to date with current West Coast fisheries and fishery management plans (FMPs).

NMFS is closing fishing for the commercial porbeagle shark quota until further notice. This action is necessary because, as of December 10, 2014, the commercial landings of porbeagle sharks during the 2014 fishing season exceeded the available 2014 adjusted commercial quota and to an extent that makes 2015 commercial quota unavailable.

NMFS issues this final rule to amend the regulations implementing the Atlantic Large Whale Take Reduction Plan to modify the start date of the Massachusetts Restricted Area to begin on February 1, 2015, and to expand the Massachusetts Restricted Area by 912 square miles. In addition, this rule will revise the Federal lobster regulations to be consistent with the revised start date of the Massachusetts Restricted Area. Recent Federal lobster regulations closed the Outer Cape Lobster Management Area to lobster trap fishing from January 15 through March 15, which is consistent with the lobster trap haul-out period in the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for American Lobster. This rule would adjust the Outer Cape Lobster Management Area closure dates to February 1 through March 31.

NMFS implements accountability measures (AMs) for commercial Atlantic migratory group cobia in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for Atlantic migratory group cobia, as estimated by the Science Research Director (SRD), are projected to reach the commercial annual catch limit (ACL) on December 11, 2014. Therefore, NMFS closes the commercial sector for Atlantic migratory group cobia on December 11, 2014, and it will remain closed throughout the remainder of the fishing year, through December 31, 2014. This closure is necessary to protect the resource of Atlantic migratory group cobia.

NMFS issues a final rule to implement the Gulf of Alaska (GOA) Trawl Economic Data Report Program to evaluate the economic effects of current and potential future fishery management measures for the GOA trawl fisheries. This data collection program will provide the North Pacific Fishery Management Council (Council) and NMFS with baseline economic information on harvesters, crew, processors, and communities active in the GOA trawl fisheries, which will be used to assess the impacts of anticipated future GOA trawl groundfish management measures on stakeholders. The data collected for this program will be submitted by owners and leaseholders of GOA trawl vessels, owners and leaseholders of processors receiving deliveries from those trawl vessels, and owners and leaseholders of trawl catcher/processors. The types of data collected will include, but not be limited to, labor data, revenues, capital and operational expenses, and other operational or financial data. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Fishery Management Plan for Groundfish of the Gulf of Alaska, and other applicable laws.

NMFS implements accountability measures (AMs) for recreational gray triggerfish in the exclusive economic zone (EEZ) of the South Atlantic. Because recreational landings for gray triggerfish in the 2013 fishing year exceeded the recreational annual catch limit (ACL) for the stock, NMFS monitored recreational landings in 2014 for a persistence in increased landings. Through this temporary rule, NMFS now closes the recreational sector for gray triggerfish in the South Atlantic EEZ on November 26, 2014, as NMFS has projected the recreational ACL to have been met for the 2014 fishing year. This closure is necessary to protect the gray triggerfish resource.

NMFS issues this final rule to implement management measures described in a framework amendment to the Fishery Management Plan for the Coastal Migratory Pelagic (CMP) Resources in the Gulf of Mexico and Atlantic Region (FMP) (Framework Amendment 1), as prepared and submitted by the South Atlantic and Gulf of Mexico Fishery Management Councils (Councils). This rule modifies the annual catch limits (ACLs) for Atlantic and Gulf of Mexico (Gulf) migratory groups of Spanish mackerel and modifies the recreational annual catch target (ACT) for Atlantic migratory group Spanish mackerel, based on the results of the most recent stock assessments for these stocks. Framework Amendment 1 also specifies the optimum yield and acceptable biological catch (ABC) estimates for Atlantic and Gulf migratory groups of Spanish mackerel. The purpose of this rule is to update ACLs based on the best scientific information available and to ensure overfishing does not occur for the Spanish mackerel resources in the Atlantic and Gulf.

NMFS issues this final rule to implement management measures described in a framework action to the Fishery Management Plan for the Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region (FMP) (Framework Action), as prepared by the South Atlantic and Gulf of Mexico Fishery Management Councils (Councils). This final rule allows transfer of Atlantic migratory group Spanish mackerel caught in excess of the trip limit with gillnet gear from one vessel with a Federal Spanish mackerel commercial permit to another vessel with a Federal Spanish mackerel commercial permit that has not yet harvested the trip limit; allows the receiving vessel involved in a Spanish mackerel transfer-at-sea to have three gillnets onboard instead of two; and modifies the commercial trip limits for king mackerel in the Florida east coast subzone. This rule also implements an administrative change to correct an inadvertent error in a prior rulemaking unrelated to this Framework Action. The purpose of this final rule is to modify the restrictions on transfer-at-sea and gillnet allowances for Atlantic migratory group Spanish mackerel to minimize dead discards of Spanish mackerel and modify the king mackerel trip limit in the Florida east coast subzone to optimize utilization of the resource.

NMFS issues regulations to revise the at-sea scales program for catcher/processor vessels (C/Ps) and motherships that are required to weigh catch at sea. This action makes three major changes to current regulations. First, this action requires enhancements of daily scale testing for flow scales used to weigh catch at sea and requires electronic reporting of the daily flow scale test results. Second, this action requires that vessels required to use flow scales to weigh catch have electronics capable of logging and printing the frequency and magnitude of scale calibrations, as well as the time and date of each scale fault (or error) and scale startup. Third, this action requires that vessels use video to monitor the flow scale and the area around the flow scale. In addition, this action revises minor technical regulations related to equipment and operation regulations and removes certain regulations that are no longer applicable; and improves the accuracy of catch estimation by the C/Ps and motherships using at-sea scales and reduces the possibility of scale tampering. This action is intended to promote the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, the Fishery Management Plan for Groundfish of the Gulf of Alaska, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable laws.

We, the National Marine Fisheries Service, announce the revised taxonomy of Monachus schauinslandi (Hawaiian monk seal) under the Endangered Species Act of 1973, as amended (ESA). We are revising the Enumeration of endangered marine and anadromous species and Critical habitat for Hawaiian monk seals to reflect the scientifically accepted taxonomy and nomenclature of this species. We revise the scientific name of the species as follows: Neomonachus schauinsland i (= M. schauinslandi ).

NMFS is reopening the U.S. commercial fishery for Pacific bluefin tuna (PBF) in the eastern Pacific Ocean (EPO) until the 500 metric ton (mt) catch limit is reached. If the 500-metric ton limit, which was established under the Tuna Conventions Act (TCA) and regulations implementing Resolution C-13-02 of the Inter-American Tropical Tuna Commission (IATTC) in the EPO, is not met, the fishery will close on December 31, 2014. This reopening of the fishery vacates the closure made by NMFS on September 5, 2014. Following the closure, NMFS received updated information indicating that only 404 mt of the 500 mt catch limit was caught. Thus, the closure was imposed prematurely. This rule also imposes a 1 mt trip limit on retention of PBF in the EPO by commercial vessels as an emergency action under the Magnuson-Stevens Fishery Conservation and Management Act (MSA).

We, the U.S. Fish and Wildlife Service (Service), in accordance with the Endangered Species Act of 1973, as amended (Act), are amending the List of Endangered and Threatened Wildlife (List) by adding 20 species of corals: Boulder star coral ( Orbicella franksi ), lobed star coral ( Orbicella annularis ), mountainous star coral ( Orbicella faveolata ), pillar coral ( Dendrogyra cylindrus ), rough cactus coral ( Mycetophyllia ferox ), Acropora globiceps, Acropora jacquelineae, Acropora lokani, Acropora pharaonis, Acropora retusa, Acropora rudis, Acropora speciosa, Acropora tenella, Anacropora spinosa, Euphyllia paradivisa, Isopora crateriformis, Montipora australiensis, Pavona diffluens, Porites napopora, and Seriatopora aculeata. These amendments are based on previously published determinations by the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for these species.

This action implements new stock status determination criteria for Gulf of Maine (GOM) haddock and increases the associated GOM haddock catch limits for the remainder of fishing year 2014 based on the most recent and best available scientific information. This action is intended to provide additional commercial fishing opportunities for GOM haddock and other healthy groundfish stocks.

NMFS publishes Fraser River salmon inseason orders to regulate treaty and non-treaty (all citizen) commercial salmon fisheries in U.S. waters. The orders were issued by the Fraser River Panel (Panel) of the Pacific Salmon Commission (Commission) and subsequently approved and issued by NMFS during the 2014 salmon fisheries within the U.S. Fraser River Panel Area. These orders established fishing dates, times, and areas for the gear types of U.S. treaty Indian and all citizen commercial fisheries during the period the Panel exercised jurisdiction over these fisheries.

NMFS issues final specifications for the commercial tilefish fishery for the 2015, 2016, and 2017 fishing years. This action establishes the acceptable biological catch, annual catch limit, total allowable landings, and harvest allocations for the individual fishing quota and incidental fishery components of the commercial tilefish fishery. The intent of this action is to establish allowable harvest levels and other management measures to prevent overfishing while allowing optimum yield, consistent with the Magnuson-Stevens Fishery Conservation and Management Act and the Tilefish Fishery Management Plan.

This final rule implements a management framework for specifying catch and effort limits and accountability measures for pelagic fisheries in the U.S. Pacific territories of American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands (CNMI). Using the established framework, NMFS is also specifying a catch limit of 2,000 metric tons (mt) of longline-caught bigeye tuna for each territory for 2014. A territory may allocate up to 1,000 mt of that limit to eligible U.S. longline fishing vessels. This final rule also makes several technical administrative changes to the regulations and announces the effectiveness of collection-of-information requirements. This action is consistent with international objectives of ending overfishing of bigeye tuna, while allowing for the limited transfer of available catch limits between U.S participating territories and eligible U.S. fisheries, consistent with the conservation requirements of the bigeye tuna stock.

Because the 2014 catch limit of 500 metric tons is expected to be reached, NMFS is closing the U.S. pelagic longline fishery for bigeye tuna for vessels over 24 meters in overall length in the eastern Pacific Ocean (EPO) through December 31, 2014. This action is necessary to prevent the fishery from exceeding the applicable catch limit established by the Inter-American Tropical Tuna Commission (IATTC) in Resolution C-13-01, which governs tuna conservation in the EPO from 2014-2016.

NMFS is prohibiting directed fishing for non-CDQ Greenland turbot in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2014 Greenland turbot initial total allowable catch (ITAC) in the Bering Sea subarea of the BSAI.

NMFS issues this temporary rule to extend the expiration date of emergency measures implemented to reduce the amount of blueline tilefish that may be harvested in the exclusive economic zone (EEZ) of the South Atlantic. NMFS published an emergency rule on April 17, 2014, to remove the blueline tilefish portion from the deep-water complex annual catch limit (ACL) and establish separate commercial and recreational ACLs and accountability measures (AMs) for blueline tilefish. The intent of this rulemaking is to extend the measures implemented in the emergency action to reduce overfishing of blueline tilefish in the South Atlantic while the South Atlantic Fishery Management Council (Council) develops permanent management measures.

We, the U.S. Fish and Wildlife Service (Service), determine threatened status for the straight-horned markhor ( Capra falconeri megaceros ), under the Endangered Species Act of 1973, as amended (Act). We are also publishing a concurrent rule under section 4(d) of the Act. This rule protects and conserves the straight-horned markhor, while encouraging local communities to conserve additional populations of the straight-horned markhor through sustainable-use management programs.