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

The South Atlantic Fishery Management Council (Council) will hold four port meetings gathering input on Atlantic king mackerel and Atlantic Spanish mackerel as managed by the Fishery Management Plan for Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region.

The SEDAR 79 assessment process of Gulf of Mexico and South Atlantic mutton snapper will consist of a Data Workshop, and a series of assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

NMFS announces Federal management measures for the 2024 and 2025 summer flounder fishery and the 2024 black sea bass recreational fishery. The implementing regulations for these fisheries require NMFS to publish recreational measures for each fishing year and to provide an opportunity for public comment. The intent of this action is to set management measures that allow the recreational fisheries to achieve, but not exceed, the recreational harvest targets and thereby prevent overfishing.

This notice sets forth a new schedule and proposed agenda of a meeting of the Ocean Research Advisory Panel (ORAP) that could not proceed on February 26, 2024 due to technical difficulties. At this new scheduled meeting, the members will discuss issues outlined in the section on Matters to be considered.

The NMFS Office of International Affairs, Trade, and Commerce proposes to revise its current implementing regulations to improve the uniformity and reliability of seafood inspection services by adopting recognized best practices for inspection. NMFS has not significantly revised or updated the existing regulations since first issuing them in 1971, though it has modified many operating procedures since implementation of the current regulations. NMFS anticipates that these revisions will benefit the seafood industry by streamlining seafood inspection services and providing improved, more accurate inspection results, as described below.

Notice is hereby given of the availability of final evaluation findings for seven State and territory coastal management programs (i.e., Alabama, Connecticut, Guam, Michigan, Ohio, Texas, and Virginia), and four national estuarine research reserves (i.e., He[revaps]eia, Grand Bay, Narragansett Bay, and Waquoit Bay), which were prepared pursuant to sections 312 and 315 of the Coastal Zone Management Act (CZMA).

NMFS announces the closure of the Northern Gulf of Maine (NGOM) Scallop Management Area for the remainder of the 2024 fishing year for Limited Access General Category vessels. Regulations require this action once NMFS projects that 100 percent of the Northern Gulf of Maine Set-Aside will be harvested. This action is intended to prevent the overharvest of the 2024 Northern Gulf of Maine Set-Aside.

NMFS has reassessed the statutorily mandated findings supporting its January 19, 2021 final rule, "Regulations Governing Taking Marine Mammals Incidental to Geophysical Survey Activities in the Gulf of Mexico," issued pursuant to the Marine Mammal Protection Act (MMPA), as the estimates of incidental take of marine mammals anticipated from the activities analyzed for the 2021 final rule were erroneous. NMFS has corrected this error and considered and incorporated other newly available and pertinent information relevant to the analyses supporting some of the findings in the 2021 final rule and the taking allowable under the regulations. There are no changes to the specified activities or the specified geographical region in which those activities would be conducted, nor to the original 5-year period of effectiveness. In light of the new information, NMFS presents new analyses supporting our affirmance of the negligible impact determinations for all species, and affirms that the existing regulations, which contain mitigation, monitoring, and reporting requirements, are consistent with the "least practicable adverse impact (LPAI) standard" of the MMPA.

The Mid-Atlantic Fishery Management Council (Council) will hold three public hearings (one as a webinar) and accept written comments regarding an action intended to revise the species separation requirements in the Atlantic surfclam and ocean quahog fisheries.

The North Pacific Fishery Management Council (Council) submitted amendment 127 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI), amendment 115 to the FMP for Groundfish of the Gulf of Alaska (GOA), amendment 56 to the FMP for BSAI King and Tanner Crabs, amendment 17 to the FMP for the Salmon Fisheries in the exclusive economic zone (EEZ) Off Alaska, and amendment 3 to the FMP for Fish Resources of the Arctic Management Area (amendments) to the Secretary of Commerce for review. If approved, these amendments would revise the FMPs by updating the description and identification of essential fish habitat (EFH) and updating information on adverse impacts to EFH based on the best scientific information available. These amendments are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMPs, and other applicable laws.

NMFS has received a request from Vineyard Wind LLC (Vineyard Wind) for authorization to take marine mammals incidental to the completion of the construction of a commercial wind energy project offshore Massachusetts in the northern portion of Lease Area OCS-A 0501. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities; which consists of a subset of activities for which take was authorized previously, but which Vineyard Wind did not complete within the effective dates of the previous IHA. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision. The IHA would be valid for 1 year from date of issuance.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, its implementing regulations, and NMFS' MMPA Regulations for Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, notification is hereby given that a Letter of Authorization (LOA) has been issued to bp Exploration and Production Inc. (bp) for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico.

NMFS will hold a 3-day Atlantic Highly Migratory Species (HMS) Advisory Panel (AP) meeting in May 2024. The intent of the meeting is to consider options for the conservation and management of Atlantic HMS. The meeting is open to the public.

We, NMFS, announce a 90-day finding on a petition under the Endangered Species Act (ESA) to list the whitespotted eagle ray (Aetobatus narinari) as a threatened or endangered species and to designate critical habitat concurrent with the listing. We find that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted.

NMFS is issuing this final rule to revise the overfishing limit (OFL) and acceptable biological catch (ABC) for the central subpopulation of northern anchovy (CSNA) in the U.S. exclusive economic zone (EEZ) off the West Coast under the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) to 243,779 metric tons (mt) and an 60,945 mt, respectively. This final rule also maintains an annual catch limit (ACL) of 25,000 mt for CSNA. Under current regulations, if the ACL for this stock is reached or projected to be reached in a fishing year (January 1-December 31), then the fishery will be closed until it reopens at the start of the next fishing year. This rulemaking is intended to conserve and manage CSNA off the U.S. West Coast.

NMFS announces its intent to conduct a 5-year review of the endangered western distinct population segment (DPS) of the Steller sea lion (Eumetopias jubatus). NMFS is required by the Endangered Species Act (ESA) to conduct 5-year reviews to ensure that listing classifications of species are accurate. The 5-year review must be based on the best scientific and commercial data available at the time of the review. We request submission of any such information on the western DPS (WDPS) of Steller sea lion, particularly information on their status, threats, and recovery that has become available since the previous 5-year review was issued in 2020.

Notice is hereby given that permits and permit amendments have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable.

This action implements measures for the Northeast multispecies common pool fishery and other measures under Regional Administrator authority for the 2024 fishing year. This action is necessary to ensure that the Northeast multispecies common pool fishery may achieve the optimum yield for the relevant stocks, while controlling catch to help prevent in-season closures or quota overages. These measures include possession and trip limits, the allocation of zero trips into the Closed Area II Yellowtail Flounder/Haddock Special Access Program for common pool vessels to target yellowtail flounder, and the closure of the Regular B Days-at-Sea Program.

NMFS approves and implements the 2024 specifications and projected 2025 specifications for Atlantic mackerel as recommended by the Mid-Atlantic Fishery Management Council. These specifications establish allowable harvest levels that will prevent overfishing, consistent with the most recent scientific information.

NMFS has received a request from the United States Navy (Navy) for authorization to take marine mammals incidental to 2 years of construction activities associated with the Naval Facilities Engineering Command Northwest (NAVFAC NW) Maintenance and Pile Replacement (MPR) project in Puget Sound, Washington. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue two consecutive 1-year incidental harassment authorizations (IHAs) to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible one-time, 1-year renewal that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, its implementing regulations, and NMFS' MMPA Regulations for Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, notification is hereby given that a Letter of Authorization (LOA) has been issued to Shell Offshore Inc. (Shell) for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico.

The New England Fishery Management Council (Council) is holding three regional workshops to hear and discuss feedback from the public to inform development of its Atlantic Cod Management Transition Plan. Workshop summaries will be presented at a future Council meeting.