Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Pelagic Longline Fishery Management; Rule Reconsideration, 31701-31702 [2021-12560]

Download as PDF Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Notices DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB148] Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Pelagic Longline Fishery Management; Rule Reconsideration National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public webinars; request for information. AGENCY: NMFS published a final rule on April 2, 2020, that, among other things, established the Spring Gulf of Mexico Monitoring Area in an area previously closed to pelagic longline fishing in April and May annually. This Monitoring Area is open to pelagic longline fishing to collect fisherydependent data during a 3-year evaluation period. The rule also established a threshold amount of bluefin tuna incidental catch in the pelagic longline fishery in the area that, if reached, would close the area to pelagic longline fishing. Subsequently, the Congressional Joint Explanatory Statement (JES) that accompanied the 2021 Appropriations Act included text on ‘‘Western Atlantic Bluefin Tuna’’ directing NMFS to reconsider the decision in the final rule to open the Spring Gulf of Mexico Monitoring Area to pelagic longline fishing or to take additional monitoring action. This notice announces NMFS’s request for public input and two public webinars to gather information regarding the Spring Gulf of Mexico Monitoring Area that may not have been considered in the final rule. DATES: Comments and information related to the reconsideration of the Spring Gulf of Mexico Monitoring Area must be received on or before July 15, 2021. NMFS will hold two public webinars on June 23, 2021, from 10 a.m. to 12 p.m., and on June 30, 2021, from 2 p.m. to 4 p.m. For webinar registration information, see the ADDRESSES section of this document. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2018–0035, by electronic submission. Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https:// www.regulations.gov and enter ‘‘NOAA– NMFS–2018–0035’’ in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:02 Jun 14, 2021 Jkt 253001 Instructions: Comments sent by any other method, to any other address or individual, or received after July 15, 2021, may not be considered by NMFS. All information received generally will be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). NMFS will hold two public webinars. Webinar details will be posted to the web page for information related to the Gear Restricted Area-Weak Hook final rule at https://www.fisheries.noaa.gov/ action/pelagic-longline-bluefin-tunaarea-based-and-weak-hookmanagement-measures. At the beginning of the conference call, the moderator will explain how the conference call will be conducted and how and when attendees can provide comments. FOR FURTHER INFORMATION CONTACT: Craig Cockrell at craig.cockrell@ noaa.gov or 301–427–8503. SUPPLEMENTARY INFORMATION: Background On April 2, 2020, NMFS published a final rule in the Federal Register (85 FR 18812) that adjusted regulatory measures put in place to reduce incidental catch of bluefin tuna in the pelagic longline fishery for Atlantic highly migratory species (HMS). Specifically, the final measures converted the Spring Gulf of Mexico Gear Restricted Area to the ‘‘Spring Gulf of Mexico Monitoring Area’’ and established a 3-year (2020–2022) evaluation period. During this period, NMFS would evaluate whether gear restrictions in this area during the months of April and May were still needed in tandem with other measures to appropriately manage incidental catch of bluefin tuna in the pelagic longline fishery. During the evaluation period, the area remains open to pelagic longline fishing provided the amount of Individual Bluefin Quota (IBQ) allocation used to account for bluefin catch (landings and dead discards) stays below a specified threshold for the area. The threshold for the Spring Gulf of Mexico Monitoring Area is 63,150 pounds (28.6 metric tons) for each year of the evaluation period. If the threshold is reached, the area closes. After the 3year evaluation period, NMFS will review data collected from the PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 31701 Monitoring Area, including information from vessel monitoring system (VMS) vessel track and set report data, IBQ System data, electronic monitoring data, and other data streams; compile a report; and may take any further action if needed. Since April 2, 2020, no pelagic longline sets have occurred within the boundaries of the Spring Gulf of Mexico Monitoring Area. NMFS continues to monitor any fishing activity and incidental catch occurring during the evaluation period. Details on bluefin tuna catch data are available and updated periodically on the web page for information related to the Gear Restricted Area-Weak Hook final rule at https://www.fisheries.noaa.gov/action/ pelagic-longline-bluefin-tuna-areabased-and-weak-hook-managementmeasures. Reconsideration Process The JES that accompanied the 2021 Appropriations Act included text on ‘‘Western Atlantic Bluefin Tuna’’ directing NMFS to reconsider the decision in the Gear Restricted AreaWeak Hook final rule to open the Spring Gulf of Mexico Monitoring Area to pelagic longline fishing or to take additional monitoring action. The Appropriations Act and JES language can be found at https:// www.govinfo.gov/content/pkg/CREC2020-12-21/pdf/CREC-2020-12-21house-bk3.pdf. NMFS developed a plan for the reconsideration of the Spring Gulf of Mexico Monitoring Area, which is available on the web page for information related to the Gear Restricted Area-Weak Hook final rule at https://www.fisheries.noaa.gov/action/ pelagic-longline-bluefin-tuna-areabased-and-weak-hook-managementmeasures. The plan, which NMFS reviewed with the Atlantic HMS Advisory Panel on May 18, 2021, provides the public an opportunity to submit information that may not have been considered in the final rule. Once public input and information received are assessed, the agency’s conclusions will be communicated via appropriate mechanisms. Request for Information NMFS will consider public input and information provided through this process. Comments and information may be submitted via www.regulations.gov and at the public webinar. NMFS requests information be submitted by July 15, 2021. NMFS will hold two public webinars on June 23, 2021, from 10 a.m. to 12 p.m., and on June 30, 2021, from 2 p.m. to 4 p.m. Registration information for E:\FR\FM\15JNN1.SGM 15JNN1 31702 Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Notices the webinars can be found on the web page for information related to the Gear Restricted Area-Weak Hook final rule at https://www.fisheries.noaa.gov/action/ pelagic-longline-bluefin-tuna-areabased-and-weak-hook-managementmeasures. Requests for sign language interpretation or other auxiliary aids should be directed to Craig Cockrell at craig.cockrell@noaa.gov or 301–427– 8503, at least 7 days prior to the meeting. The public is reminded that NMFS expects participants at the public webinars to conduct themselves appropriately. At the beginning of each the webinar, the moderator will explain how the webinar will be conducted and how and when participants can provide comments. NMFS will structure the webinars so that all members of the public will be able to comment, if they so choose, regardless of the controversial nature of the subject. Participants are expected to respect the ground rules, and those that do not may be asked to leave the webinar. Dated: June 10, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–12560 Filed 6–14–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB094] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of letter of authorization. AGENCY: In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the U.S. Navy (Navy) for the take of marine mammals incidental to khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:02 Jun 14, 2021 Jkt 253001 construction activities at Naval Station Norfolk in Norfolk, Virginia. DATES: Applicable from June 8, 2021 to June 6, 2026. ADDRESSES: The LOA and supporting documentation are available online at: https://www.fisheries.noaa.gov/action/ incidental-take-authorization-us-navyconstruction-naval-station-norfolknorfolk-virginia. In case of problems accessing these documents, please call the contact listed below (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Leah Davis, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: Any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 feeding, or sheltering (Level B harassment). Summary of Request On May 6, 2021, we issued a final rule upon request from the Navy for authorization to take marine mammals incidental to construction activities (86 FR 24340). The Navy plans to conduct construction activities including marine structure maintenance, pile replacement, and select waterfront improvements at Naval Station Norfolk. This construction will include use of vibratory pile driving and removal, and impact pile driving. The use of both vibratory and impact pile driving is expected to produce underwater sound at levels that have the potential to result in behavioral harassment of marine mammals. Authorization We have issued a LOA to Navy authorizing the take of marine mammals incidental to construction activities, as described above. Take of marine mammals will be minimized through the implementation of the following planned mitigation measures: (1) Required monitoring of the construction area to detect the presence of marine mammals before beginning construction activities; (2) shutdown of construction activities under certain circumstances to avoid injury of marine mammals; and (3) soft start for impact pile driving to allow marine mammals the opportunity to leave the area prior to beginning impact pile driving at full power. Additionally, the rule includes an adaptive management component that allows for timely modification of mitigation or monitoring measures based on new information, when appropriate. The Navy will submit reports as required. Based on these findings and the information discussed in the preamble to the final rule, the activities described under this LOA will have a negligible impact on marine mammal stocks and will not have an unmitigable adverse impact on the availability of the affected marine mammal stock for subsistence uses. Dated: June 8, 2021. Catherine Marzin, Acting Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2021–12547 Filed 6–14–21; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\15JNN1.SGM 15JNN1

Agencies

[Federal Register Volume 86, Number 113 (Tuesday, June 15, 2021)]
[Notices]
[Pages 31701-31702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12560]



[[Page 31701]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB148]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Pelagic Longline Fishery Management; Rule Reconsideration

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public webinars; request for information.

-----------------------------------------------------------------------

SUMMARY: NMFS published a final rule on April 2, 2020, that, among 
other things, established the Spring Gulf of Mexico Monitoring Area in 
an area previously closed to pelagic longline fishing in April and May 
annually. This Monitoring Area is open to pelagic longline fishing to 
collect fishery-dependent data during a 3-year evaluation period. The 
rule also established a threshold amount of bluefin tuna incidental 
catch in the pelagic longline fishery in the area that, if reached, 
would close the area to pelagic longline fishing. Subsequently, the 
Congressional Joint Explanatory Statement (JES) that accompanied the 
2021 Appropriations Act included text on ``Western Atlantic Bluefin 
Tuna'' directing NMFS to reconsider the decision in the final rule to 
open the Spring Gulf of Mexico Monitoring Area to pelagic longline 
fishing or to take additional monitoring action. This notice announces 
NMFS's request for public input and two public webinars to gather 
information regarding the Spring Gulf of Mexico Monitoring Area that 
may not have been considered in the final rule.

DATES: Comments and information related to the reconsideration of the 
Spring Gulf of Mexico Monitoring Area must be received on or before 
July 15, 2021. NMFS will hold two public webinars on June 23, 2021, 
from 10 a.m. to 12 p.m., and on June 30, 2021, from 2 p.m. to 4 p.m. 
For webinar registration information, see the ADDRESSES section of this 
document.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0035, by electronic submission. Submit all electronic 
public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2018-0035'' in the Search 
box. Click on the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after July 15, 2021, may not be 
considered by NMFS. All information received generally will be posted 
for public viewing on www.regulations.gov without change. All personal 
identifying information (e.g., name, address), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    NMFS will hold two public webinars. Webinar details will be posted 
to the web page for information related to the Gear Restricted Area-
Weak Hook final rule at https://www.fisheries.noaa.gov/action/pelagic-longline-bluefin-tuna-area-based-and-weak-hook-management-measures. At 
the beginning of the conference call, the moderator will explain how 
the conference call will be conducted and how and when attendees can 
provide comments.

FOR FURTHER INFORMATION CONTACT: Craig Cockrell at 
[email protected] or 301-427-8503.

SUPPLEMENTARY INFORMATION:

Background

    On April 2, 2020, NMFS published a final rule in the Federal 
Register (85 FR 18812) that adjusted regulatory measures put in place 
to reduce incidental catch of bluefin tuna in the pelagic longline 
fishery for Atlantic highly migratory species (HMS). Specifically, the 
final measures converted the Spring Gulf of Mexico Gear Restricted Area 
to the ``Spring Gulf of Mexico Monitoring Area'' and established a 3-
year (2020-2022) evaluation period. During this period, NMFS would 
evaluate whether gear restrictions in this area during the months of 
April and May were still needed in tandem with other measures to 
appropriately manage incidental catch of bluefin tuna in the pelagic 
longline fishery. During the evaluation period, the area remains open 
to pelagic longline fishing provided the amount of Individual Bluefin 
Quota (IBQ) allocation used to account for bluefin catch (landings and 
dead discards) stays below a specified threshold for the area. The 
threshold for the Spring Gulf of Mexico Monitoring Area is 63,150 
pounds (28.6 metric tons) for each year of the evaluation period. If 
the threshold is reached, the area closes. After the 3-year evaluation 
period, NMFS will review data collected from the Monitoring Area, 
including information from vessel monitoring system (VMS) vessel track 
and set report data, IBQ System data, electronic monitoring data, and 
other data streams; compile a report; and may take any further action 
if needed.
    Since April 2, 2020, no pelagic longline sets have occurred within 
the boundaries of the Spring Gulf of Mexico Monitoring Area. NMFS 
continues to monitor any fishing activity and incidental catch 
occurring during the evaluation period. Details on bluefin tuna catch 
data are available and updated periodically on the web page for 
information related to the Gear Restricted Area-Weak Hook final rule at 
https://www.fisheries.noaa.gov/action/pelagic-longline-bluefin-tuna-area-based-and-weak-hook-management-measures.

Reconsideration Process

    The JES that accompanied the 2021 Appropriations Act included text 
on ``Western Atlantic Bluefin Tuna'' directing NMFS to reconsider the 
decision in the Gear Restricted Area-Weak Hook final rule to open the 
Spring Gulf of Mexico Monitoring Area to pelagic longline fishing or to 
take additional monitoring action. The Appropriations Act and JES 
language can be found at https://www.govinfo.gov/content/pkg/CREC-2020-12-21/pdf/CREC-2020-12-21-house-bk3.pdf. NMFS developed a plan for the 
reconsideration of the Spring Gulf of Mexico Monitoring Area, which is 
available on the web page for information related to the Gear 
Restricted Area-Weak Hook final rule at https://www.fisheries.noaa.gov/action/pelagic-longline-bluefin-tuna-area-based-and-weak-hook-management-measures. The plan, which NMFS reviewed with the Atlantic 
HMS Advisory Panel on May 18, 2021, provides the public an opportunity 
to submit information that may not have been considered in the final 
rule. Once public input and information received are assessed, the 
agency's conclusions will be communicated via appropriate mechanisms.

Request for Information

    NMFS will consider public input and information provided through 
this process. Comments and information may be submitted via 
www.regulations.gov and at the public webinar. NMFS requests 
information be submitted by July 15, 2021.
    NMFS will hold two public webinars on June 23, 2021, from 10 a.m. 
to 12 p.m., and on June 30, 2021, from 2 p.m. to 4 p.m. Registration 
information for

[[Page 31702]]

the webinars can be found on the web page for information related to 
the Gear Restricted Area-Weak Hook final rule at https://www.fisheries.noaa.gov/action/pelagic-longline-bluefin-tuna-area-based-and-weak-hook-management-measures. Requests for sign language 
interpretation or other auxiliary aids should be directed to Craig 
Cockrell at [email protected] or 301-427-8503, at least 7 days 
prior to the meeting.
    The public is reminded that NMFS expects participants at the public 
webinars to conduct themselves appropriately. At the beginning of each 
the webinar, the moderator will explain how the webinar will be 
conducted and how and when participants can provide comments. NMFS will 
structure the webinars so that all members of the public will be able 
to comment, if they so choose, regardless of the controversial nature 
of the subject. Participants are expected to respect the ground rules, 
and those that do not may be asked to leave the webinar.

    Dated: June 10, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-12560 Filed 6-14-21; 8:45 am]
BILLING CODE 3510-22-P

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