National Oceanic and Atmospheric Administration December 2019 – Federal Register Recent Federal Regulation Documents
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Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Whittier Ferry Terminal Alaska Class Ferry Modification Project
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 Alaska Department of Transportation and Public Facilities to incidentally harass, by Level B harassment only, marine mammals during construction activities associated with the Whittier Ferry Terminal ACF Modification project in Whittier, AK.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Elkhorn Slough Tidal Marsh Restoration Project, Phase II in California
NMFS has received a request from California Department of Fish and Wildlife (CDFW) for authorization to take marine mammals incidental to Elkhorn Slough Tidal Marsh Restoration Project, Phase II in 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 is also requesting comments on a possible one-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.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seabird Research Activities in Central California
NMFS received a request from Point Blue Conservation Science (Point Blue) for the Renewal of their initial incidental harassment authorization (IHA) to take marine mammals incidental to seabird and pinniped research activities in central California. These activities are identical to those covered in the initial authorization. Pursuant to the Marine Mammal Protection Act (MMPA), prior to issuing the initial IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. While Renewal requirements have been satisfied, NMFS is now republishing the proposed Renewal IHA and providing an additional 15-day comment period to allow for any additional comments on the proposed Renewal not previously provided during the initial 30-day comment period or the first 15-day additional comment period.
Whaling Provisions; Aboriginal Subsistence Whaling Quotas
NMFS notifies the public of the aboriginal subsistence whaling quota for bowhead whales that it has assigned to the Alaska Eskimo Whaling Commission (AEWC), and of limitations on the use of the quota deriving from regulations of the International Whaling Commission (IWC). For 2020, the quota is 93 bowhead whales struck. This quota and other applicable limitations govern the harvest of bowhead whales by members of the AEWC.
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.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) Salmon Technical Team (STT) and Scientific and Statistical Committee salmon subcommittee (SSCSC) will hold a joint one-day methodology review meeting. This meeting will be held via webinar and is open to the public.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council (Pacific Council) will convene a meeting of its Coastal Pelagic Species Management Team (CPSMT) to discuss issues related to the management of coastal pelagic species (CPS) on the U.S. West Coast. This meeting is open to the public.
Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council (Council) will hold a four-day meeting to consider actions affecting the Gulf of Mexico fisheries in the exclusive economic zone (EEZ).
Fisheries of the Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 65 assessment of the Atlantic stock of Blacktip Shark will consist of a series of workshops and webinars: Data Workshop; Assessment Webinars; and a Review workshop.
Western Pacific Fishery Management Council; Public Meeting
The Western Pacific Fishery Management Council (Council) will hold an Archipelagic Plan Team (APT) meeting to discuss and make recommendations on fishery management issues in the Western Pacific Region.
Fisheries of the Exclusive Economic Zone Off Alaska; Chinook Salmon Prohibited Species Catch Limits in the Gulf of Alaska
NMFS is reapportioning the projected unused amount, 3,342 Chinook salmon prohibited species catch limit, from the vessels participating in directed fishing for pollock in the Central Regulatory area of the Gulf of Alaska (GOA) to vessels participating in directed fishing for pollock in the Western Regulatory area of the GOA. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Construction of the Port of Alaska's Petroleum and Cement Terminal, Anchorage, Alaska
NMFS has received a request from the Port of Alaska (POA) for authorization to take marine mammals incidental to pile driving associated with the construction of a new Petroleum and Cement Terminal (PCT) in Knik Arm, Alaska. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue two successive incidental harassment authorizations (IHAs) to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on possible one-year renewals 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.
Endangered and Threatened Species; Take of Anadromous Fish
We, NMFS, announce the extension of the comment period for the receipt of 14 (Permit Numbers 23271, 23276, 23278, 23279, 23280, 23284, 23285, 23286, 23287, 23288, 23289, 23290, 23291, 23434) applications for enhancement of survival permits under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.), and proposed entry into an associated Template Safe Harbor Agreement (Agreement) between the applicants and NMFS. The notice of receipt for the 14 applications published on October 15, 2019. The proposed enhancement of survival permits and Agreement are intended to promote the survival and recovery of the Southern Oregon/Northern California Coast (SONCC) coho salmon (Oncorhynchus kisutch) Evolutionary Significant Unit (ESU), which is listed as threatened under the ESA. On November 4, 2019, we announced the extension of the comment period to December 31, 2019. We continue to solicit review and comment from the public and all interested parties on the applications and associated documents. The close of the comment period is being extended from December 31, 2019, to February 15, 2020 to provide additional opportunity for public comment.
Endangered and Threatened Species; Recovery Plans
NMFS announces the adoption of a Final Endangered Species Act (ESA) recovery plan for the threatened Puget Sound steelhead Distinct Population Segment (DPS) (herein referred to as steelhead). The Final Recovery Plan for this species (Final Recovery Plan) is now available.
Atlantic Coastal Fisheries Cooperative Management Act Provisions; Atlantic Menhaden Fishery
In accordance with the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act), the Secretary of Commerce (Secretary) has determined that the Commonwealth of Virginia has failed to carry out its responsibilities under the Atlantic States Marine Fisheries Commission's (Commission) Interstate Fishery Management Plan (ISFMP) for Atlantic Menhaden and that the measure Virginia has failed to implement and enforce is necessary for the conservation of the Atlantic menhaden resource. This determination is consistent with the findings of the Commission on October 31, 2019. Pursuant to the Atlantic Coastal Act, a Federal moratorium on fishing for Atlantic menhaden in Virginia state waters and possession and landing of Atlantic menhaden harvested in Virginia State waters is hereby declared and will be effective on June 17, 2020. The moratorium will be terminated when the Commission notifies the Secretary that Virginia is found to have come back into compliance with the Commission's ISFMP for Atlantic menhaden.
Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 60 assessment of the South Atlantic stock of Red Porgy will consist of a data webinar, an in-person workshop, and a series assessment webinars.
South Atlantic Fishery Management Council; Public Meeting
The South Atlantic Fishery Management Council (Council) will hold a joint meeting of its Law Enforcement Advisory Panel, Deepwater Shrimp Advisory Panel, and Shrimp Advisory Panel via webinar to discuss proposed management action in Shrimp Amendment 11.
Pacific Fishery Management Council; Public Meetings and Hearings
The Pacific Fishery Management Council (Pacific Council) has begun its annual preseason management process for the 2020 ocean salmon fisheries. This document announces the availability of Pacific Council documents, as well as the dates and locations of upcoming Pacific Council meetings and public hearings hosted by the Pacific Council. These documents and events comprise the Pacific Council's complete schedule for determining the annual proposed and final modifications to ocean salmon fishery management measures. The agendas for the March and April 2020 Pacific Council meetings will be published in subsequent Federal Register documents prior to the actual meetings.
South Atlantic Fishery Management Council; Public Hearings
The South Atlantic Fishery Management Council (Council) will hold a series of public hearings via webinar pertaining to Framework Amendment 9 to the Fishery Management Plan for Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region. The amendment addresses commercial trip limits in the Atlantic Northern Zone for commercial Spanish mackerel.
Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 67 stock assessment process for Gulf of Mexico vermilion snapper will consist of a series of data and assessment webinars.
Proposed Information Collection; Comment Request; Chesapeake Bay Watershed Environmental Literacy Indicator Tool
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 comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2019-2020 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 the southern zone of the Atlantic exclusive economic zone (EEZ) 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 fishery.
Endangered and Threatened Species; Notice of Initiation of a 5-Year Review of Northwest Atlantic Ocean and Seven Foreign Distinct Population Segments of Loggerhead Sea Turtle
NMFS and USFWS announce the initiation of a 5-year review for the following distinct population segments (DPS) of loggerhead sea turtle (Caretta caretta): The Mediterranean Sea DPS, the Northeast Atlantic Ocean DPS, the North Indian Ocean DPS, the South Pacific Ocean DPS, the Northwest Atlantic Ocean DPS, the South Atlantic Ocean DPS, the Southeast Indo-Pacific Ocean DPS, and the Southwest Indian Ocean DPS. NMFS and USFWS are required by the Endangered Species Act (ESA) to conduct 5-year reviews to ensure that the 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 these loggerhead DPSs, particularly information on the status, threats, and recovery of the DPSs that has become available since their listing on September 22, 2011 (76 FR 58868).
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Fishery Management Plan; Amendment 28; Correction
NMFS published a final rule that implemented Amendment 28 to the Pacific Coast Groundfish Fishery Management Plan in the Federal Register on November 19, 2019 (84 FR 63966). The final rule changed boundaries of closed areas that affect commercial vessels fishing under the Pacific Coast Groundfish Fishery Management Plan with bottom contacting gear in Federal waters off of Washington, Oregon, and California.
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council (Council) Bering Sea Fishery Ecosystem Plan Local Knowledge, Traditional Knowledge, and Subsistence Taskforce will meet January 16, 2020 through January 17, 2020.
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council (Council) Bering Sea Fishery Ecosystem Plan Climate Change Taskforce will meet January 13, 2020 through January 15, 2020.
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council (Council) Crab Plan Team will meet January 14, 2020 through January 17, 2020.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Scientific & Statistical Committee to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
Marine Mammals; File No. 23577
Notice is hereby given that the BBC Studios Ltd., Natural History Unit Productions, Broadcasting House, Whiteladies Road, Bristol, BS8 2LR, UK, (Responsible Party: Rowan Crawford), has applied in due form for a permit to conduct commercial or educational photography of humpback whales (Megaptera novaeangliae).
Takes of Marine Mammals Incidental To Specified Activities; Taking Marine Mammals Incidental to the Sand Island Pile Dike System Test Piles Project Near the Mouth of the Columbia River; Correction
This document contains corrections to the DATES caption of the notice of issuance of an incidental harassment authorization (IHA) for the take of marine mammals incidental to the Sand Island Pile Dike System Test Piles Project Near the Mouth of the Columbia River. This action is necessary to correct errors in the effective dates of the issued IHA. The scope of the activities and anticipated effects remain the same, authorized take numbers have not changed, and the required mitigation, monitoring, and reporting remain the same.
Marine Mammals; File No. 22156
Notice is hereby given that Douglas Nowacek, Ph.D., Nicholas School of the Environment, Duke University Marine Laboratory, 135 Duke Marine Lab Rd, Beaufort, NC 28516, has applied in due form for a permit to conduct research on and import specimens of 31 cetacean species for scientific research.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Gulf of Alaska
NMFS is prohibiting directed fishing for Pacific cod in the Gulf of Alaska (GOA). This action is necessary because a biological assessment of stock condition for Pacific cod in the GOA projects that the spawning biomass will be below 20 percent of the projected unfished spawning biomass during 2020.
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2020 Gulf of Alaska Pollock and Pacific Cod Total Allowable Catch Amounts
NMFS is adjusting the 2020 total allowable catch (TAC) amounts for the Gulf of Alaska (GOA) pollock and Pacific cod fishery. This action is necessary because NMFS has determined these TACs are incorrectly specified, and will ensure the GOA pollock and Pacific cod TACs are the appropriate amount based on the best available scientific information for pollock and Pacific cod in the GOA. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Navy Training and Testing Activities in the Atlantic Fleet Training and Testing Study Area
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 incidental to the training and testing activities conducted in the Atlantic Fleet Training and Testing (AFTT) Study Area over the course of seven years, effectively extending the time period from November 13, 2023, to November 13, 2025. In August 2018, the MMPA was amended by the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019 to allow for seven-year authorizations for military readiness activities, as compared to the previously allowed five years. The Navy's activities qualify as military readiness activities pursuant to the MMPA as amended by the NDAA for Fiscal Year 2004. These regulations, which allow for the issuance of Letters of Authorization (LOAs) 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 or stocks and their habitat, and establish requirements pertaining to the monitoring and reporting of such taking.
Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council will hold a one day in-person meeting of its Standing, Reef Fish, Socioeconomic and Coral Scientific and Statistical Committees (SSC).
Proposed Information Collection; Comment Request; Statement of Financial Interests, Regional Fishery Management Councils
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 comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Fisheries of the Exclusive Economic Zone Off Alaska; North Pacific Halibut and Sablefish Individual Fishing Quota Cost Recovery Programs
NMFS publishes the individual fishing quota (IFQ) standard prices and fee percentage for cost recovery for the IFQ Program for the halibut and sablefish fisheries of the North Pacific (IFQ Program). The fee percentage for 2019 is 3.0 percent. This action is intended to provide holders of halibut and sablefish IFQ permits with the 2019 standard prices and fee percentage to calculate the required payment for IFQ cost recovery fees due by January 31, 2020.
Sea Turtle Conservation; Shrimp Trawling Requirements
We, the NMFS, are issuing a final rule to amend the alternative tow time restriction to require all skimmer trawl vessels 40 feet and greater in length to use turtle excluder devices (TEDs) designed to exclude small sea turtles in their nets. The purpose of this rule is to reduce incidental bycatch and mortality of sea turtles in the southeastern U.S. shrimp fisheries, and to aid in the protection and recovery of listed sea turtle populations. We are also amending the definition of tow time to better clarify the intent and purpose of tow times to reduce sea turtle mortality, and we are refining additional portions of the TED requirements to avoid potential confusion.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod Management in the Groundfish Fisheries of the Bering Sea and Aleutian Islands and the Gulf of Alaska
NMFS issues regulations to implement Amendment 120 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands (BSAI) Management Area (BSAI FMP) and Amendment 108 to the FMP for Groundfish of the Gulf of Alaska (GOA) (GOA FMP). Amendment 120 and this final rule limit the number of catcher/processors (C/Ps) eligible to operate as motherships receiving and processing Pacific cod from catcher vessels (CVs) directed fishing in the BSAI non-Community Development Quota Program Pacific cod trawl fishery. Amendment 120, Amendment 108, and this final rule prohibit replaced Amendment 80 C/Ps from receiving and processing Pacific cod harvested and delivered by CVs directed fishing for Pacific cod in the BSAI and GOA. This final rule is intended to promote the goals and objectives of the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), Amendments 120 and 108, the BSAI and GOA FMPs, and other applicable laws.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction and Operation of the Liberty Drilling and Production Island, Beaufort Sea, Alaska
NMFS hereby issues regulations to govern the unintentional taking of marine mammals incidental to construction and operation of the Liberty Drilling and Production Island (LDPI) in the Beaufort Sea, Alaska over the course of five years. These regulations, which allow for the issuance of a Letter of Authorization for the incidental take of marine mammals during the described activities and specified timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.
International Fisheries; Pacific Tuna Fisheries; Procedures for the Active and Inactive Vessel Register
NMFS is issuing regulations under the Tuna Conventions Act of 1950 (TCA), as amended, and Marine Mammal Protection Act (MMPA), as amended, to implement International Maritime Organization (IMO) requirements in Inter-American Tropical Tuna Commission (IATTC) Resolution C-18-06 (Resolution (Amended) on a Regional Vessel Register) and amendments to existing regulations governing inclusion on the IATTC Regional Vessel Register (Vessel Register) by purse seine vessels fishing in the eastern Pacific Ocean (EPO). This final rule would expand the IMO number requirements to include certain categories of smaller U.S. vessels fishing for tuna and tuna-like species in the EPO. This final rule would also relax the restrictions on retention of incidental catch by purse seine vessels. These revisions would provide more clarity and make U.S. regulations more consistent with the IATTC management framework, while allowing controlled operational flexibility for the U.S. industry.
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