National Oceanic and Atmospheric Administration January 2018 – Federal Register Recent Federal Regulation Documents
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Pacific Halibut Fisheries; Catch Sharing Plan
NMFS proposes to approve changes to the Pacific Halibut Catch Sharing Plan (Plan) and codified regulations for the International Pacific Halibut Commission's (IPHC or Commission) regulatory Area 2A off Washington, Oregon, and California (Area 2A). In addition, NMFS proposes to implement the portions of the Plan and management measures that are not implemented through the IPHC. These measures include the sport fishery allocations and management measures for Area 2A. These actions are intended to conserve Pacific halibut, provide angler opportunity where available, and minimize bycatch of overfished groundfish species.
Proposed Information Collection; Comment Request; NOAA Research Performance Progress Report (RPPR)
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Endangered and Threatened Wildlife and Plants: Listing the Oceanic Whitetip Shark as Threatened Under the Endangered Species Act
In response to a petition by Defenders of Wildlife, we, NMFS, are issuing a final rule to list the oceanic whitetip shark (Carcharinus lonigmanus) as threatened under the Endangered Species Act (ESA). We have reviewed the status of the oceanic whitetip shark, including efforts being made to protect the species, and considered public comments submitted on the proposed listing rule as well as new information received since publication of the proposed rule. Based on all of this information, we have determined that the oceanic whitetip shark warrants listing as a threatened species. At this time, we conclude that critical habitat is not determinable because data sufficient to perform the required analyses are lacking; however, we solicit information on habitat features and areas in U.S. waters that may meet the definition of critical habitat for the oceanic whitetip shark.
Fisheries of the Northeastern United States; Summer Flounder, Scup, Black Sea Bass Fisheries; 2018 and Projected 2019 Scup Specifications and Announcement of Final 2018 Summer Flounder and Black Sea Bass Specifications; Correction
On December 22, 2017, NMFS issued final specifications for scup, summer flounder, and black sea bass for 2018. That document inadvertently failed to apply a pound-for-pound overage deduction to the 2018 scup summer period quota due to overages incurred in 2017. Additionally, the Commonwealth of Massachusetts received a late-season summer flounder transfer applicable to the 2017 fishing year that adjusts its final 2018 state summer flounder quota. This document corrects the final 2018 specifications and informs the public of these adjustments.
International Pacific Halibut Commission Appointments
NOAA is soliciting nominations for two individuals to serve as U.S. Commissioners to the IPHC. This action is necessary to ensure that the interests of the United States and all of its stakeholders in the Pacific halibut fishery are adequately represented. Nominations are open to all qualified individuals and may include current Commissioners.
Endangered and Threatened Species; Initiation of 5-Year Reviews for the Endangered Fin Whale, Endangered Gray Whale Western North Pacific Distinct Population Segment, and Endangered Sei Whale
NMFS announces its intent to conduct 5-year reviews for the endangered fin whale (Baleaenoptera physalus), the endangered gray whale (Eschrichtius robustus) Western North Pacific distinct population segment (DPS), and the endangered sei whale ((Baleaenoptera borealis). NMFS is required by the Endangered Species Act (ESA) to conduct 5-year reviews to ensure that the listing classifications of the species are accurate. The 5-year reviews must be based on the best scientific and commercial data available at the time. We request submission of any such information on the fin whale, gray whale Western North Pacific DPS, and the sei whale, particularly, information on the status, threats, and recovery of the species that has become available since the previous status review for the fin whale in 2011, the gray whale Western North Pacific DPS in 1991, and the sei whale in 2012.
Proposed Information Collection; Comment Request; Weather Modification Activities Reports
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Proposed Information Collection; Comment Request; Western Pacific Community Development Program Process
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Fisheries of the Gulf of Mexico; Southeast Data, Assessment and Review (SEDAR); Public Meeting; Correction
The SEDAR 51 assessment of the Gulf of Mexico Gray Snapper will consist of: A Data Workshop; an Assessment Workshop and series of Assessment webinars; and a Review Workshop. This notice is to indicate a change of date for the Review Workshop for SEDAR 51. The original Review Workshop dates were February 13-15, 2018. See SUPPLEMENTARY INFORMATION.
Mid-Atlantic Fishery Management Council (MAFMC); Meeting
The Tilefish Monitoring Committee of the Mid-Atlantic Fishery Management Council (Council) will hold a meeting.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
The Tilefish Advisory Panel of the Mid-Atlantic Fishery Management Council (Council) will hold a meeting.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings
The Mid-Atlantic Fishery Management Council (Council) will hold public meetings of the Council and its Committees.
Caribbean Fishery Management Council; Public Meeting
The Caribbean Fishery Management Council's (Council) Scientific and Statistical Committee (SSC) will hold a 5-day meeting in February/March to discuss Action 3 of the Island Based FMP, including the ABC control rule and its application to stock complexes, and the items contained in the agenda in the SUPPLEMENTARY INFORMATION.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council (Pacific Council) will hold a webinar meeting to review the 2018 update stock assessment for Pacific sardine. This webinar is open to the public.
Council Coordination Committee Meeting
NMFS will host a meeting of the Council Coordination Committee (CCC), consisting of the Regional Fishery Management Council chairs, vice chairs, and executive directors on February 27-February 28, 2018. The intent of this meeting is to discuss issues of relevance to the Councils and NMFS, including issues related to the implementation of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act. Agenda items include discussions on budget allocations for FY2018 and budget planning for FY2019; an update on current joint science initiatives, including Ecosystem Based Fisheries Management; the FY2018 legislative outlook; updates on aquaculture initiatives, Council Member voting recusals, the NMFS National Standard 1 implementation, Marine Recreational Information Program updates; and other topics related to implementation of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act. All sessions are open to the public.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 Feet (18.3 Meters) Length Overall Using Hook-and-Line or Pot Gear in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2018 Pacific cod total allowable catch allocated to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI.
Technical Amendment To Update Internet Web Addresses in Marine Mammal Protection Act and Dolphin Protection Consumer Information Act Regulations
NMFS is hereby making technical amendments without altering the substance of the regulations that govern importation into the United States of tuna product and dolphin-safe tuna labeling in the United States under the Marine Mammal Protection Act (MMPA), and the Dolphin Protection Consumer Information Act (DPCIA). The intent of this action is to update existing regulations containing Uniform Resource Locator (URL) addresses, more commonly referred to as internet web page addresses. The URL updates are necessary because NMFS is revising all agency URLs under the NOAA Fisheries Web Modernization Project. These changes are solely administrative in nature.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater Amberjack Recreational Fishing Year and Fixed Closed Season
NMFS proposes to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). If implemented, this proposed rule would change the recreational fishing year and modify the recreational fixed closed season for greater amberjack in the Gulf of Mexico (Gulf) exclusive economic zone (EEZ). The purposes of this proposed rule and the framework action are to constrain recreational harvest to assist in ending overfishing, and to rebuild the greater amberjack stock in the Gulf, while maximizing optimum yield (OY) of the greater amberjack stock in the Gulf.
Proposed Information Collection; Comment Request; Atlantic Highly Migratory Species Permit Family of Forms
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a revised, and continuing information collection described below, as required by the Paperwork Reduction Act of 1995.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery off the Southern Atlantic States; Closure of the Penaeid Shrimp Fishery off Georgia
NMFS closes the exclusive economic zone (EEZ) off Georgia in the South Atlantic to trawling for penaeid shrimp, i.e., brown, pink, and white shrimp. This closure is necessary to protect the spawning stock of white shrimp that has been subject to unusually cold weather conditions where state water temperatures have been 9 [deg]C (48[emsp14][deg]F), or less, for at least 7 consecutive days.
Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017-2018 Commercial Trip Limit Reduction for Spanish Mackerel in the Atlantic Southern Zone
NMFS reduces the commercial trip limit of Atlantic migratory group Spanish mackerel in or from the exclusive economic zone (EEZ) in the Atlantic southern zone to 1,500 lb (680 kg), in round or gutted weight, per day. This commercial trip limit reduction is necessary to maximize the socioeconomic benefits of the quota.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfers
NMFS announces two retroactive commercial summer flounder quota transfers for the 2017 fishing year. The State of New York is transferring a portion of its quota to the State of New Jersey, and the State of North Carolina is transferring quota to the Commonwealth of Virginia. These quota adjustments are necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised 2017 commercial quotas for New York, New Jersey, North Carolina, and Virginia.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Waterfront Improvement Projects at Portsmouth Naval Shipyard
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 U.S. Department of the Navy (Navy) to incidentally harass, by Level A and Level B harassment, marine mammals during construction activities associated with waterfront improvement projects at the Portsmouth Naval Shipyard (the Shipyard) in Kittery, Maine.
Western Pacific Fishery Management Council; Public Meeting
The Western Pacific Fishery Management Council (Council) will hold a meeting of its Hawaii Archipelago Fishery Ecosystem Plan (FEP) Advisory Panel (AP) to discuss and make recommendations on fishery management issues in the Western Pacific Region.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) Ad Hoc Ecosystem Workgroup (EWG) will hold a webinar, which is open to the public.
Mid-Atlantic Fishery Management Council (MAFMC); Public Workshops
The Mid-Atlantic Fishery Management Council (Council) will hold two training workshops for the purpose of providing instruction to for-hire operators on electronic reporting of vessel trip reports (VTRs).
Pacific Fishery Management Council; Public Meeting (Webinar)
The Pacific Fishery Management Council (Pacific Council) is sponsoring a series of four webinars presenting information relevant to the Fishery Ecosystem Plan Initiative on Climate and Communities. The webinars are open to the public.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) Coastal Pelagic Species Management Team (CPSMT) and Coastal Pelagic Species Advisory Subpanel (CPSAS) will hold a joint meeting via webinar that is open to the public.
Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 52 assessment process of Gulf of Mexico red snapper will consist of an in-person workshop and a series of assessment webinars. See SUPPLEMENTARY INFORMATION.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Greater Than or Equal to 60 Feet Length Overall Using Pot Gear in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2018 Pacific cod total allowable catch allocated to catcher vessels greater than or equal to 60 feet (18.3m) LOA using pot gear in the BSAI.
Solicitation for Applications for Advisory Councils Established Pursuant to the National Marine Sanctuaries Act and Executive Orders
Notice is hereby given that ONMS will solicit applications to fill seats on its 13 national marine sanctuary advisory councils and the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve Advisory Council (advisory councils), under the National Marine Sanctuaries Act and the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve Executive Order, respectively. Vacant seats, including positions (i.e., primary and alternate), for each of the advisory councils will be advertised differently at each site in accordance with the information provided in this notice. This notice contains web page links and contact information for each site, as well as additional resources on advisory council vacancies and the application process.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Trawl Catcher Vessels in the Central Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels 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 2018 Pacific cod total allowable catch apportioned to trawl catcher vessels in the Central Regulatory Area of the GOA.
Evaluation of State Coastal Management Program
The National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management is reopening the public comment period for the performance evaluation of the U.S. Virgin Islands Coastal Management Program that covers the time period of December 2007 to August 2017. The public comment period is being reopened until March 16, 2018 as Hurricane Irma impacted the U.S. Virgin Islands two days before the previous comment period closed and Hurricane Maria subsequently impacted the U.S. Virgin Islands.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Pot Catcher/Processors in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by catcher/processors using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2018 Pacific cod total allowable catch allocated to catcher/processors using pot gear in the BSAI.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts
NMFS has received a request from Partnership for Interdisciplinary Study of Coastal Oceans (PISCO) at the University of California Santa Cruz (UCSC) for authorization to take marine mammals incidental to rocky intertidal monitoring surveys at locations in Oregon and California. 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. 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.
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2018 Tribal Fishery for Pacific Whiting
NMFS issues this proposed rule for the 2018 Pacific whiting fishery under the authority of the Pacific Coast Groundfish Fishery Management Plan (FMP), the Magnuson Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and the Pacific Whiting Act of 2006. This proposed rule would allocate 17.5 percent of the U.S. Total Allowable Catch (TAC) of Pacific whiting for 2018 to Pacific Coast Indian tribes that have a Treaty right to harvest groundfish.
Fisheries off West Coast States; Highly Migratory Fisheries; Amendment 4 to Fishery Management Plan for West Coast Highly Migratory Species Fisheries (HMS FMP); Revisions to the Biennial Management Cycle
NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 4 to the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) for review by the Secretary of Commerce. The intent of Amendment 4 is to bring descriptions of the management context for highly migratory species (HMS) fisheries up to date, better describe the Council's role in the process of making stock status determinations including evaluations of the best scientific information available (BSIA), and change the schedule of the Council's three-meeting biennial management cycle for HMS stocks. The amendment is administrative in nature and is not expected to affect activities authorized under the FMP or their harvest levels.
Pacific Fishery Management Council; Public Meetings and Hearings
The Pacific Fishery Management Council (Pacific Council) has announced its annual preseason management process for the 2018 ocean salmon fisheries. This notice informs the public of opportunities to provide comments on the 2018 ocean salmon management measures.
Proposed Information Collection; Comment Request; Assessment of the Social and Economic Impact of Hurricanes and Other Climate Related Natural Disasters on Commercial and Recreational Fishing Industries in the Eastern, Gulf Coast and Caribbean Territories of the United States
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Proposed Information Collection; Comment Request; Highly Migratory Species Dealer Reporting Family of Forms
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Pacific Island Fisheries; 2018 Northwestern Hawaiian Islands Lobster Harvest Guideline
NMFS establishes the annual harvest guideline for the commercial lobster fishery in the Northwestern Hawaiian Islands for calendar year 2018 at zero lobsters.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters) length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the A season apportionment of the 2018 total allowable catch of Pacific cod to be harvested.
Ocean Exploration Advisory Board (OEAB); the OEAB Meeting Is Scheduled for January 30-31, 2018 in Seattle, WA
This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Ocean Exploration Advisory Board (OEAB). OEAB members will discuss and provide advice on Federal ocean exploration programs, with a particular emphasis on National Oceanic and Atmospheric Administration (NOAA) Office of Ocean Exploration and Research (OER) activities; discuss nontraditional ocean exploration platforms; discuss National Ocean Exploration Forums; and conduct its annual review of the OER federal funding opportunity process; and other matters as described in the agenda found on the OEAB website at https:// oeab.noaa.gov.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the Southern Atlantic States; Closure of the Penaeid Shrimp Fishery Off South Carolina
NMFS closes the exclusive economic zone (EEZ) off South Carolina in the South Atlantic to trawling for penaeid shrimp, i.e., brown, pink, and white shrimp. This closure is necessary to protect the spawning stock of white shrimp that has been subject to unusually cold weather conditions where state water temperatures have been 9 [deg]C (48 [deg]F), or less, for at least 7 consecutive days.
Endangered and Threatened Wildlife and Plants; Final Rule To List the Giant Manta Ray as Threatened Under the Endangered Species Act
We, NMFS, announce a final rule to list the giant manta ray (Manta birostris) as threatened under the Endangered Species Act (ESA). We have reviewed the status of the giant manta ray, including efforts being made to protect this species, and considered public comments submitted on the proposed rule as well as new information received since publication of the proposed rule. We have made our final determinations based on the best scientific and commercial data available. At this time, we conclude that critical habitat is not determinable because data sufficient to perform the required analyses are lacking; however, we solicit information on habitat features and areas in U.S. waters that may meet the definition of critical habitat for the giant manta ray.
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish of the Gulf of Alaska; Central Gulf of Alaska Rockfish Program
NMFS publishes the standard ex-vessel prices and fee percentage for cost recovery under the Central Gulf of Alaska Rockfish Program. This action is intended to provide participants in a rockfish cooperative with the standard prices and fee percentage for the 2017 fishing year, which was authorized from May 1 through November 15. The fee percentage is 2.04 percent. The fee payments are due from each rockfish cooperative on or before February 15, 2018.
Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meetings
The South Atlantic Fishery Management Council (Council) will hold a series of meetings of its Citizen Science Advisory Panel Finance and Infrastructure Action Team via webinar.
Pacific Fishery Management Council; Public Meeting
The Groundfish Subcommittee of the Pacific Fishery Management Council's (Pacific Council's) Scientific and Statistical Committee (SSC) will hold a meeting via webinar to review 2019 and 2020 groundfish harvest specifications, particularly revised harvest specifications for lingcod. The SSC Groundfish Subcommittee will also discuss the groundfish research and data needs for the Pacific Council's 2018 Research and Data Needs document that will be finalized this year. The webinar meeting is open to the public.
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