National Oceanic and Atmospheric Administration 2024 – Federal Register Recent Federal Regulation Documents

This advance notice of proposed rulemaking seeks comment on the benefits or disadvantages of the South Atlantic Fishery Management Council (Council) potentially setting future restrictions, resulting in subsequent rulemakings from NMFS, in the Atlantic the coastal migratory pelagics fishery and the dolphin and wahoo fishery, and the snapper- grouper fishery in the South Atlantic. The Council recently set a control date of December 8, 2023. That control date, and an existing control date of June 15, 2016, may both be used to create restrictions limiting participation in the exclusive economic zone for the Federal charter vessel/headboat (for-hire) components of the recreational sectors of the coastal migratory pelagics fishery in the Atlantic, dolphin and wahoo fishery in the Atlantic, and snapper-grouper fishery in the South Atlantic. The Council is considering a future action that may affect or limit the number of participants in the fishery, and stresses that participants should locate and preserve all relevant, fishing-related documents. If such an action is developed, approved, and implemented through a Council decision and a subsequent rulemaking by NMFS, future access to the fishery after the control date would not be assured. NMFS is informing the public of the new control date, in part, to promote awareness of the potential changes to eligibility criteria for future access so as to discourage speculative entry into the Federal for-hire components of the Atlantic coastal migratory pelagics, Atlantic dolphin and wahoo, or the South Atlantic snapper- grouper fisheries, while the Council and NMFS consider whether and how access to these for-hire components should be managed.

NMFS is reallocating the projected unused amounts of the Aleut Corporation and the Community Development Quota (CDQ) pollock directed fishing allowance (DFA) from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to provide the opportunity for the harvest of the 2024 total allowable catch (TAC) of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI).

Notice is hereby given that NMFS has issued two direct take permits pursuant to the Endangered Species Act (ESA) for research and enhancement purposes. Permit 18181-4R was issued to the California Department of Fish and Wildlife (CDFW) for ongoing research, monitoring, and rescue activities in the Sacramento River Basin, Central Valley, California. Permit 21477-2R was issued to FISHBIO, Inc. (FISHBIO) for activities associated with the Stanislaus Native Fish Plan.

The Pacific Fishery Management Council (Pacific Council) will convene two webinar meetings of its Groundfish Management Team (GMT) and one meeting of its Groundfish Advisory Subpanel (GAP). The first meetings held by the GAP and the meeting of the GMT will discuss items on the Pacific Council's March 2024 meeting agenda. The second meeting of the GMT is to discuss items on the Pacific Council's April 2024 meeting agenda. These meetings are open to the public.

The North Pacific Fishery Management Council (Council) submitted Amendment 126 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI) and Amendment 114 to the FMP for Groundfish of the Gulf of Alaska (GOA). If approved, Amendments 126/114 would implement an electronic monitoring (EM) program for pelagic trawl pollock catcher vessels and tender vessels delivering to shoreside processors and stationary floating processors in the Bering Sea (BS), Aleutian Islands (AI), and GOA. This proposed rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), Amendments 126/114, the BSAI FMP, and the GOA FMP.

NMFS proposes to implement an annual catch limit (ACL) and an annual catch target (ACT) for main Hawaiian Islands (MHI) Kona crab for fishing years 2024, 2025, and 2026. This proposed action would not revise, add, or remove current accountability measures (AMs) in the regulations. NMFS will close Federal waters to Kona crab fishing for the remainder of the fishing year if NMFS projects the fishery will reach the ACT. NMFS will reduce the ACT and ACL the subsequent fishing year by the overage if landings exceed the ACL. This proposed rule supports the long-term sustainability of MHI Kona crab.

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 proposes to implement management measures described in Framework Amendment 2 to the Fishery Management Plans for Puerto Rico, St. Croix, and St. Thomas and St. John (collectively, the island-based FMPs). If implemented, this proposed rule would modify annual catch limits (ACLs) for spiny lobster in the U.S. Caribbean exclusive economic zone (EEZ) off Puerto Rico, St. Croix, and St. Thomas and St. John. The purpose of this proposed rule is to update management reference points for spiny lobster, consistent with the best scientific information available to prevent overfishing and achieve optimum yield (OY).

The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.

The Pacific Fishery Management Council's (Pacific Council) Ad Hoc Marine Planning Committee (MPC) will hold an online public meeting.

This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the National Sea Grant Advisory Board (Board), a Federal Advisory Committee. Board members will discuss and provide advice on the National Sea Grant College Program (Sea Grant) in the areas of program evaluation, strategic planning, education and extension, science and technology programs, and other matters as described in the agenda found on the Sea Grant website. For more information on this Federal Advisory Committee please visit the Federal Advisory Committee database: https://www.facadatabase.gov/FACA/ FACAPublicPage.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to Pacific Gas & Electric (PG&E) to incidentally harass marine mammals during construction activities associated with a sediment remediation project in San Francisco Bay.

NMFS has received a request from the U.S. Space Force (USSF) for authorization to take marine mammals incidental to launches and supporting activities at Vandenberg Space Force Base (VSFB) in Vandenberg, California from April, 2024 to April, 2029. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue regulations governing the incidental taking of marine mammals incidental to the specified activities. NMFS is proposing regulations to govern that take, and requests comments on the proposed regulations. 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. Missile launches conducted at VSFB, which comprise a smaller portion of the activities, are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (2004 NDAA).

NMFS, upon request from the U.S. Navy (Navy), issues these regulations pursuant to the Marine Mammal Protection Act (MMPA) to govern the taking of marine mammals during the maintenance and pile replacement construction activities at the Ammunition Wharf at Naval Magazine (NAVMAG) Indian Island in Puget Sound, Washington, over the course of 5 years (2024 to 2029). These regulations, which allow for the issuance of Letters of Authorization (LOA) for the incidental take of marine mammals during the described activities and timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species and their habitat, and establish requirements pertaining to the monitoring and reporting of such taking.

The Gulf of Mexico Fishery Management Council (Council) will hold a one-day in person meeting of its Coastal Migratory Pelagics (CMP) Advisory Panel (AP).

A Notice of Intent to prepare this draft environmental impact statement (DEIS) was published in the Federal Register on October 4, 2023. This DEIS is prepared pursuant to the National Environmental Policy Act (NEPA) to assess the environmental impacts associated with NMFS issuing an incidental take statement (ITS) under section 7 of the Endangered Species Act (ESA) that would exempt take of threatened or endangered ESA-listed species by participants in Southeast Alaska (SEAK) salmon fisheries that are subject to the 2019 Pacific Salmon Treaty (PST) Agreement. This DEIS also assesses the environmental impacts of NMFS funding grants to the State of Alaska (State) to monitor and manage the SEAK salmon fisheries and salmon stocks subject to the 2019 PST Agreement. If warranted, NMFS would issue an ITS, consistent with requirements of the ESA, as part of a consultation on two agency actions related to the 2019 PST Agreement, including the funding to the State. That consultation would conclude with the issuance of a biological opinion (BiOp) that evaluates the effects of those agency actions on ESA-listed species and critical habitat. This DEIS directly responds to a court order and analyzes the effects of the proposed issuance of an ITS for those two agency actions.

The SEDAR 89 assessment of the South Atlantic stock of tilefish will consist of a series of LH-TWG webinars. A SEDAR 89 LH-TWG Webinar is scheduled for February 14, 2024. See SUPPLEMENTARY INFORMATION.

The South Atlantic Fishery Management Council (Council) will host a presentation on reproductive resilience in marine fishes.

NMFS is reducing the Atlantic herring possession limit for herring vessels fishing with midwater trawl in the River Herring and Shad Cape Cod Catch Cap Closure Area. This is required because NMFS projects that catch of river herring and shad by midwater trawl herring vessels will reach the Cape Cod Catch Cap threshold for river herring and shad before the end of the fishing year. This action is intended to prevent overharvest of river herring and shad.

The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.

The Western Pacific Fishery Management Council (Council) and NMFS will convene a Western Pacific Stock Assessment Review (WPSAR) of a stock assessment update for the multispecies bottomfish complex in Guam. The review will be conducted virtually. A satellite location will be made available for the public to view the review process and NMFS staff will be available in-person to answer questions. See ADDRESSES for the web address to access the meeting and the location of the satellite viewing site.

NMFS is prohibiting directed fishing for the A season pollock sideboard limit by non-exempt American Fisheries Act (AFA) catcher vessels in Statistical Area 610 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2024 A season allowance of the pollock sideboard limit established for non-exempt AFA catcher vessels in Statistical Area 610 of the GOA.

The South Atlantic Fishery Management Council (Council) will hold a meeting of the Wreckfish Sub-Committee.