National Oceanic and Atmospheric Administration June 2019 – Federal Register Recent Federal Regulation Documents
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Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
The Northeast Trawl Advisory Panel (NTAP) of the Mid-Atlantic Fishery Management Council will hold a meeting.
Mid-Atlantic Fishery Management Council (MAFMC); Public Hearings
The Mid-Atlantic Fishery Management Council (Council) will hold 4 public hearings, including one webinar hearing, to solicit public comments on the Draft Atlantic Surfclam and Ocean Quahog Excessive Shares Amendment to the Atlantic Surfclam and Ocean Quahog Fishery Management Plan (FMP).
Caribbean Fishery Management Council; Public Meetings
The Caribbean Fishery Management Council's (Council) District Advisory Panels (DAPs) of Puerto Rico, St. Thomas/St. John and St. Croix, USVI, will hold a one-day meeting in July for each of its panels to discuss the items contained in the agenda SUPPLEMENTARY INFORMATION.
Caribbean Fishery Management Council; Public Meeting
The Caribbean Fishery Management Council's (Council) Outreach and Education Advisory Panel (OEAP) will hold a 2-day meeting in August to discuss the items contained in the agenda in the SUPPLEMENTARY INFORMATION.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
The Mid-Atlantic Fishery Management Council (Council) will hold a webinar-based meeting with its Advisory Panel members and the public to provide information and gather input regarding an upcoming Council Omnibus Framework action that could require electronic reporting of Vessel Trip Reports (VTRs) for all Council-managed commercial fisheries.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
NMFS closes the northern area Angling category fishery for large medium and giant (``trophy'' (i.e., measuring 73 inches curved fork length or greater)) Atlantic bluefin tuna (BFT). This action is being taken to prevent further overharvest of the Angling category northern area trophy BFT subquota.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Site Characterization Surveys Off the Coast of North Carolina
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that we have issued an incidental harassment authorization (IHA) to Avangrid Renewables, LLC (Avangrid) to take small numbers of marine mammals, by harassment, incidental to high-resolution geophysical (HRG) survey investigations associated with marine site characterization activities off the coast of North Carolina in the area of the Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS-A 0508) (the Lease Area) and the coastal waters off North Carolina and Virginia where one or more cable route corridors will be established.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received four plans for hatchery operations rearing and releasing Chinook salmon, coho salmon, and chum salmon in the Stillaguamish River basin, Washington. The four plans are submitted pursuant to the Section 4(d), Limit 6. The plans describe programs operated by the Stillaguamish Tribe of Indians (STI). This document serves to notify the public of the availability and opportunity to comment on a draft Environmental Assessment and proposed evaluation and pending determination (PEPD) on the proposed Hatchery and Genetic Management Plans (HGMPs).
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received 16 plans for hatchery programs rearing and releasing Chinook salmon, coho salmon, and summer steelhead in the Snake River basin. The plans describe hatchery programs operated by the Idaho Department of Fish and Game (IDFG), Nez Perce Tribe (NPT), and Washington Department of Fish and Wildlife (WDFW). This document serves to notify the public of the availability and opportunity to comment on a draft Environmental Assessment (EA), four Hatchery and Genetic Management Plans (HGMPs), and three Proposed Evaluation and Determination Documents (PEPDs) on the proposed hatchery programs.
Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Electronic Monitoring Program
NMFS issues this final rule to implement an electronic monitoring (EM) program for two sectors of the limited entry trawl fishery, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Pacific Coast Groundfish Fishery Management Plan (FMP). The action allows catcher vessels in the Pacific whiting fishery and fixed gear vessels in the shorebased Individual Fishing Quota (IFQ) fishery to use EM in place of observers to meet the requirements of the Trawl Rationalization Program for 100-percent at- sea observer coverage. This action is necessary to increase operational flexibility and reduce monitoring costs for vessels in the trawl fishery by providing an alternative to observers. Data from the EM program will be used to debit discards of IFQ species from IFQs and mothership cooperative allocations. Through this action, NMFS has also approved and is implementing the following measures: An application process for interested vessel owners; performance standards for EM systems; requirements for vessel operators; a permitting process and standards for EM service providers; and, requirements for processors (first receivers) for receiving and disposing of prohibited and protected species from EM trips.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Alaska Liquefied Natural Gas (LNG) Project in Cook Inlet
NMFS has received a request from the Alaska Gasline Development Corporation (AGDC) for authorization to take marine mammals incidental to Alaska LNG Project in Cook Inlet, over the course of five years (2020-2025). Pursuant to the Marine Mammal Protection Act (MMPA), 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.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received 13 scientific research permit application requests relating to Pacific salmon, steelhead, and green sturgeon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts. The applications may be viewed online at: https://apps.nmfs.noaa.gov/ preview/preview_open_for_comment.cfm.
Announcement of Hearing and Final Agenda Regarding Proposed Waiver and Regulations Governing the Taking of Marine Mammals
This notice announces the final agenda for a hearing before an Administrative Law Judge (ALJ) and the process by which interested persons can participate in the hearing on issues not previously included in the notice of hearing published on April 5, 2019. The hearing involves a proposed waiver under the Marine Mammal Protection Act (MMPA) and proposed regulations governing the hunting of eastern North Pacific (ENP) gray whales by the Makah Indian Tribe in northwest Washington State. During the prehearing conference, the following new issue of fact was identified: ``Is the ENP stock currently undergoing an Unusual Mortality Event (UME)? If so, does this merit further consideration before a waiver may be granted?''
Marine Mammals; File No. 20430
Notice is hereby given that James Harvey, Ph.D., Moss Landing Marine Laboratories, 8272 Moss Landing Road, Moss Landing, CA 95039, has applied for an amendment to Scientific Research Permit No. 20430.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in the West Yakutat District of the Gulf of Alaska
NMFS is prohibiting retention of pollock in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary because the 2019 total allowable catch of pollock in the West Yakutat District of the GOA has been reached.
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Closed Area I Scallop Access Area to General Category Individual Fishing Quota Scallop Vessels
NMFS announces that the Closed Area I Scallop Access Area is closed to Limited Access General Category Individual Fishing Quota scallop vessels for the remainder of the 2019 fishing year. Regulations require this action once it is projected that 100 percent of trips allocated to the Limited Access General Category Individual Fishing Quota scallop vessels for the Closed Area I Scallop Access Area will be taken.
Marine Mammals; File No. 21163
Notice is hereby given that Marine Ecology and Telemetry Research, 2468 Camp McKenzie Trl NW, Seabeck, WA 98380 (Responsible Party: Greg Schorr), has applied in due form for a permit to conduct research on and import specimens of 38 marine mammal species including the following endangered species and Distinct Population Segments (DPSs): Cook Inlet DPS of beluga whale (Delphinapterus leucas), blue whale (Balaenoptera musculus), Main Hawaiian Islands Insular DPS of false killer whale (Pseudorca crassidens), fin whale (B. physalus), Western North Pacific DPS and Central America DPS of humpback whale (Megaptera novaeangliae), Southern resident DPS of killer whale (Orcinus orca), North Pacific right whale (Eubalaena japonica), sei whale (B. borealis), and sperm whale (Physeter macrocephalus).
Proposed Information Collection; Comment Request; West Coast Region Federal Fisheries Permits-Northwest
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.
Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group Retention Limit Adjustment
NMFS is adjusting the commercial aggregated large coastal shark (LCS) and hammerhead shark management group retention limit for directed shark limited access permit holders in the Atlantic region from 3 LCS other than sandbar sharks per vessel per trip to 36 LCS other than sandbar sharks per vessel per trip. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments. The retention limit will remain at 36 LCS other than sandbar sharks per vessel per trip in the Atlantic region through the rest of the 2019 fishing season or until NMFS announces via a notice in the Federal Register another adjustment to the retention limit or a fishery closure. This retention limit adjustment affects anyone with a directed shark limited access permit fishing for LCS in the Atlantic region.
Proposed Information Collection; Comment Request; Greater Atlantic Region 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
The Mid-Atlantic Fishery Management Council's (Council) Atlantic Mackerel, Squid, and Butterfish (MSB) Monitoring Committee will meet via webinar to develop recommendations for 2020 MSB specifications, focusing on the river herring and shad cap for the mackerel fishery.
Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council will hold a public hearing via webinar to discuss Reef Fish Amendment 51Gray Snapper Status Determination Criteria, Reference Points, and Annual Catch Limits.
Endangered Species; File No. 22281
Notice is hereby given that Kristen Hart, Ph.D., U.S. Geological Survey, Wetland and Aquatic Research Center, Davie Field Office, 3321 College Ave., Davie, FL 33314, has applied in due form for a permit to take green (Chelonia mydas), Kemp's ridley (Lepidochelys kempii), loggerhead (Caretta caretta), and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.
Pacific Island Fisheries; Annual Catch Limit and Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish
This final rule establishes an annual catch limit (ACL) of 492,000 lb for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for each of the three fishing years 2018-19, 2019-20, and 2020-21. If NMFS projects that the fishery will reach the ACL in any given fishing year, NMFS would close the commercial and non-commercial fisheries for MHI Deep 7 bottomfish in Federal waters for the remainder of that fishing year as an accountability measure (AM). This rule also makes housekeeping changes to the Federal bottomfish fishing regulations. This rule supports the long-term sustainability of Deep 7 bottomfish.
Atlantic Highly Migratory Species; North Atlantic Swordfish Fishery
NMFS is adjusting the Swordfish General Commercial permit retention limits for the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions for July through December of the 2019 fishing year, unless otherwise later noticed. The Swordfish General Commercial permit retention limits in each of these regions are increased from the regulatory default limits (either two or three fish) to six swordfish per vessel per trip. The Swordfish General Commercial permit retention limit in the Florida Swordfish Management Area will remain unchanged at the default limit of zero swordfish per vessel per trip, as discussed in more detail below. These adjustments apply to Swordfish General Commercial permitted vessels and to Highly Migratory Species (HMS) Charter/Headboat permitted vessels with a commercial endorsement when on a non-for-hire trip. This action is based upon consideration of the applicable inseason regional retention limit adjustment criteria.
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Coastal Pelagic Species Fishery; Application for Exempted Fishing Permits
The Regional Administrator, West Coast Region, NMFS, has made a preliminary determination that an application for an Exempted Fishing Permit warrants further consideration. The application, submitted by the California Wetfish Producers Association, requests an exemption from the expected prohibition of primary directed fishing for Pacific sardine for the 2019-2020 fishing year to collect Pacific sardine as part of an industry-based scientific survey. NMFS requests public comment on the application.
Fisheries of the Exclusive Economic Zone Off Alaska; Kamchatka Flounder in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Kamchatka flounder in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2019 Kamchatka flounder initial total allowable catch (ITAC) in the BSAI.
Takes of Marine Mammals Incidental To Specified Activities; Taking Marine Mammals Incidental to U.S. Navy Target and Missile Launch Activities on San Nicolas Island, California
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 the U.S. Navy (Navy) to incidentally harass, by Level B harassment only, marine mammals during target and missile launch activities on San Nicolas Island (SNI), California for the Naval Air Warfare Center Weapons Division (NAWCWD), Point Mugu Sea Range (PMSR). The Navy's activity is considered a military readiness activity pursuant to MMPA, as amended by the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2004.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Chevron Richmond Refinery Long Wharf Maintenance and Efficiency Project in San Francisco Bay, California
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that we have issued an incidental harassment authorization (IHA) to Chevron to take small numbers of marine mammals, by harassment, incidental to the Long Wharf Maintenance and Efficiency Project (LWMEP) in San Francisco Bay, California.
2018 Marine Mammal Stock Assessment Reports
As required by the Marine Mammal Protection Act (MMPA), NMFS has considered public comments for revisions of the 2018 marine mammal stock assessment reports (SARs). This notice announces the availability of 46 final 2018 SARs that were updated and finalized.
Endangered and Threatened Wildlife and Plants; Endangered Species Act Listing Determination for Alewife and Blueback Herring
We, NMFS, have completed a comprehensive status review under the Endangered Species Act (ESA) for alewife (Alosa pseudoharengus) and blueback herring (Alosa aestivalis). The status review identified four alewife distinct population segments (DPSs): Canada, Northern New England, Southern New England, and Mid-Atlantic. Based on the best scientific and commercial data available including the Status Review Report, we have determined that listing the alewife rangewide or as any of the identified DPSs as threatened or endangered under the ESA is not warranted at this time. The status review also identified three blueback herring DPSs: Canada/Northern New England, Mid-Atlantic, and Southern Atlantic. Based on the best scientific and commercial data available, we have determined that listing blueback herring rangewide or as any of the identified DPSs as threatened or endangered under the ESA is not warranted at this time.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands
NMFS is reallocating the projected unused amounts of the Aleut Corporation's pollock directed fishing allowances from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2019 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands (BSAI) Management Area.
Pacific Whiting; Advisory Panel; Joint Management Committee
NMFS is soliciting nominations for appointments to the United States Advisory Panel (AP) and the Joint Management Committee (JMC) established in the Agreement between the Government of the United States of America and the Government of Canada on Pacific Hake/Whiting (Pacific Whiting Treaty). Nominations are being sought to fill six positions on the AP beginning on September 16, 2019, and one position on the JMC starting November 1, 2019. Terms are 4 years, and appointees will be eligible for reappointment at the expiration of the terms.
Snapper-Grouper Fishery of the South Atlantic; 2019 Recreational Accountability Measure and Closure for South Atlantic Golden Tilefish
NMFS implements accountability measures (AMs) for the golden tilefish recreational sector in the exclusive economic zone (EEZ) of the South Atlantic for the 2019 fishing year through this temporary rule. NMFS estimates recreational landings of golden tilefish in 2019 have reached the recreational annual catch limit (ACL). Therefore, NMFS closes the golden tilefish recreational sector in the South Atlantic EEZ on June 17, 2019. This closure is necessary to protect the golden tilefish resource.
Meeting of the Advisory Committee on Commercial Remote Sensing
The Advisory Committee on Commercial Remote Sensing (``ACCRES'' or ``the Committee'') will meet July 11, 2019.
Meeting of the Marine Fisheries Advisory Committee
This notice sets forth the proposed schedule and agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and approve comments and recommendations on the draft NOAA Strategic Aquaculture Science Plan.
Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 62 stock assessment process for Gulf of Mexico gray triggerfish will consist of an In-person Workshop, and a series of data and assessment webinars. See SUPPLEMENTARY INFORMATION.
Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 61 stock assessment process for Gulf of Mexico red grouper will consist of an In-person Workshop, and a series of data and assessment webinars. See SUPPLEMENTARY INFORMATION.
Marine Mammals and Endangered Species
Notice is hereby given that permits or permit amendments have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From NC to MA
NMFS announces that the State of North Carolina is transferring a portion of its 2019 commercial summer flounder quota to the Commonwealth of Massachusetts. This quota adjustment is 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 commercial quotas for North Carolina and Massachusetts.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) Southern Resident Killer Whale (SRKW) Workgroup (Workgroup) will convene two meetings, which are open to the public.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 42
The South Atlantic Fishery Management Council (South Atlantic Council) has submitted Amendment 42 to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, Amendment 42 would add three new devices as options for fishermen with Federal commercial or charter vessel/ headboat permits for South Atlantic snapper-grouper to meet existing requirements for sea turtle release gear, and would simplify and clarify the requirements for other sea turtle release gear. Amendment 42 would also modify the FMP framework procedure to allow for future changes to release gear and handling requirements for sea turtles and other protected resources. The purpose of Amendment 42 is to allow the use of new devices to safely handle and release incidentally captured sea turtles, clarify existing requirements, and streamline the process for making changes to the release devices and handling procedures for sea turtles and other protected species.
Schedules for Atlantic Shark Identification Workshops and Safe Handling, Release, and Identification Workshops
Free Atlantic Shark Identification Workshops and Safe Handling, Release, and Identification Workshops will be held in July, August, and September of 2019. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and to maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and who have also been issued shark or swordfish limited access permits. Additional free workshops will be conducted during 2019 and will be announced in a future notice.
Meeting of the Columbia Basin Partnership Task Force of the Marine Fisheries Advisory Committee
This notice sets forth the proposed schedule and agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee's (MAFAC's) Columbia Basin Partnership Task Force (CBP Task Force). The CBP Task Force will discuss the issues outlined in the SUPPLEMENTARY INFORMATION below.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the O'Connell Bridge Lightering Float Pile Replacement Project in Sitka, Alaska
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 the City and Borough of Sitka (CBS) to incidentally harass, by Level B harassment only, marine mammals during the O'Connell Bridge Lightering Float Pile Replacement Project in Sitka, Alaska.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Marine Geophysical Survey in the Gulf of Alaska
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 Lamont-Doherty Earth Observatory of Columbia University (L-DEO) to incidentally harass, by Level A and Level B harassment, marine mammals during seismic airgun activities associated with a marine geophysical survey in the Gulf of Alaska.
Taking of Marine Mammals Incidental to Specific Activities; Taking of Marine Mammals Incidental to Pile Driving and Removal Activities During Construction of a Cruise Ship Berth, Hoonah, Alaska
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 Duck Point Development II, LLC. (DPD) to incidentally harass, by Level A and B harassment, marine mammals during construction of a second cruise ship berth and new lightering float at Cannery Point (Icy Strait) on Chichagof Island near Hoonah, Alaska.
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
The Regional Administrator, West Coast Region, NMFS, has made a preliminary determination that an application for an Exempted Fishing Permit warrants further consideration. The application, submitted by the West Coast Pelagic Conservation Group (a non-profit industry group), requests an exemption from the expected prohibition of directed fishing for Pacific sardine for the 2019-2020 fishing year to collect Pacific sardine as part of an industry-based scientific survey. NMFS requests public comment on the application.
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