National Oceanic and Atmospheric Administration 2019 – Federal Register Recent Federal Regulation Documents

The hearing date previously announced in the Federal Register for 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, and the related deadlines for submission of testimony and motions, is being changed as noted below.

The National Marine Fisheries Service (NMFS) intends to begin a rulemaking process that will amend the Atlantic Large Whale Take Reduction Plan (Plan) to reduce the risk of serious injuries and mortalities to North Atlantic right whales (Eubalaena glacialis) and other large whales caused by entanglement in commercial trap/pot fisheries along the U.S. East Coast. An Environmental Impact Statement (EIS) will be prepared in accordance with the National Environmental Policy Act (NEPA) to analyze the impacts to the environment of alternatives to amend the Plan. This notice informs the public of upcoming scoping meetings to solicit public comments on ways to reduce the risk of entanglement in trap and pot fisheries for right, humpback, and finback whales. NMFS requests comments on management options for this action, particularly including information about operational challenges, time, and costs required to modify gear by changing configurations such as traps per trawl to reduce endline numbers, installing new line or sleeves, and by expanding gear marking requirements. Team recommendations and additional risk reduction measures identified during Team discussions and during this scoping period will form the basis of the alternatives that will be analyzed through the EIS process.

NMFS revises Illex squid specifications and maintains previously approved longfin squid and butterfish specifications for the 2019 fishing year. This action is necessary to specify catch levels for the Illex squid fishery based on updated information on allowable catch levels and to provide notice that NMFS is maintaining the previously approved longfin squid and butterfish specifications. These specifications are intended to promote the sustainable utilization and conservation of the squid and butterfish resources.

NMFS announces a valid specified fishing agreement that allocates up to 1,000 metric tons (t) of the 2019 bigeye tuna limit for the Commonwealth of the Northern Mariana Islands (CNMI) to U.S. longline fishing vessels. The agreement supports the long-term sustainability of fishery resources of the U.S. Pacific Islands, and fisheries development in the CNMI.

The NMFS Assistant Administrator (Assistant Administrator) has renewed affirmative findings for the Governments of Ecuador, El Salvador, Guatemala, Mexico, Peru, and Spain (referred to hereafter as ``the Nations'') under the Marine Mammal Protection Act (MMPA). These affirmative findings will continue to allow the importation into the United States of yellowfin tuna and yellowfin tuna products harvested in the eastern tropical Pacific Ocean (ETP) for 1 year in compliance with the Agreement on the International Dolphin Conservation Program (AIDCP) by purse seine vessels operating under the Nations' jurisdiction or exported from the Nations. NMFS bases the affirmative finding annual renewals on reviews of documentary evidence submitted by the Governments of the Nations and of information obtained from the secretariat of the Inter-American Tropical Tuna Commission (IATTC).

NMFS has received a request from the U.S. Navy's Office of Naval Research (ONR) for authorization to take marine mammals incidental to Arctic Research Activities in the Beaufort and Chukchi Seas. 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. ONR's activities are considered military readiness activities pursuant to the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act for Fiscal Year 2004 (NDAA).

NMFS implements accountability measures (AMs) for commercial snowy grouper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial landings for snowy grouper will reach the commercial annual catch limit (ACL) by August 3, 2019. Therefore, NMFS closes the commercial sector for snowy grouper in the South Atlantic EEZ on August 3, 2019, and it will remain closed until the start of the next commercial fishing season on January 1, 2020. This closure is necessary to protect the snowy grouper resource.

The North Pacific Fishery Management Council (Council) Trawl Electronic Monitoring Committee will meet August 21, 2019 through August 22, 2019.

NMFS, upon request from Hilcorp Alaska LLC (Hilcorp), hereby issues regulations to govern the unintentional taking of marine mammals incidental to oil and gas activities in Cook Inlet, Alaska, over the course of five years (2019-2024). These regulations, which allow for the issuance of Letters of Authorization (LOA) 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. In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby additionally given that a LOA has been issued to Hilcorp to take marine mammals incidental to oil and gas activities.

The Groundfish Subcommittee of the Pacific Fishery Management Council's (Pacific Council's) Scientific and Statistical Committee (SSC) will hold a meeting to review new benchmark and update assessments and catch-only update assessment projections to inform new 2021 and 2022 groundfish harvest specifications. The meeting is open to the public.

NMFS implements an accountability measure (AM) for commercial blueline tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings of blueline tilefish are projected to reach the commercial annual catch limit (ACL) by July 30, 2019. Therefore, NMFS is closing the commercial sector for blueline tilefish in the South Atlantic EEZ at 12:01 a.m., local time, on July 30, 2019, and it will remain closed until the start of the next fishing year on January 1, 2020. This closure is necessary to protect the blueline tilefish resource.

NMFS published a final rule on June 28, 2019, to implement an electronic monitoring (EM) program for catcher vessels in the Pacific whiting fishery and fixed gear vessels in the shorebased groundfish Individual Fishing Quota (IFQ) fishery. The final rule established 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. This action corrects the numbering of two paragraphs in the Code of Federal Regulations. These corrections are necessary so that the implementing regulations are accurate and implement the action as intended by the Pacific Fishery Management Council (Council).

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.

The Mid-Atlantic Fishery Management Council's (Council) Surfclam and Ocean Quahog Committee (Committee) will hold a public meeting.

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.

NMFS has received an application from Orsted Wind Power LLC (Orsted) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to high-resolution geophysical (HRG) survey investigations associated with marine site characterization activities off the coast of Massachusetts and Rhode Island in the areas of Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS) currently being leased by the Applicant's affiliates Deepwater Wind New England, LLC and Bay State Wind LLC, respectively. These are identified as OCS-A 0486, OCS-A 0487, and OCS-A 0500 (collectively referred to as the Lease Areas). Orsted is also proposing to conduct marine site characterization surveys along one or more export cable route corridors (ECRs) originating from the Lease Areas and landing along the shoreline at locations from New York to Massachusetts, between Raritan Bay (part of the New York Bight) to Falmouth, Massachusetts (see Figure 1). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to Orsted to incidentally take, by Level B harassment only, small numbers of 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.

The Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2017 (HABHRCA) provides NOAA with authority to determine that a harmful algal bloom (HAB) or hypoxia event in marine or coastal waters is an event of national significance. NOAA may make this determination on its own initiative or upon the request of the Governor of an affected state. Following an event of national significance determination, NOAA is further authorized to make sums available to the affected state or local government for the purposes of assessing and mitigating the detrimental environmental, economic, subsistence use, and public health effects of the event of national significance. Funds would be subject to the availability of appropriations. The Federal share of the cost of any activity carried out for the purposes described above may not exceed 50 percent of the cost of that activity. NOAA is soliciting comments to inform the development of agency policy for determining HAB and hypoxia events of national significance in marine and coastal waters. NOAA will subsequently issue, in the Federal Register, notice of availability of the draft policy and provide an opportunity for formal public comment on the draft policy after it is prepared. Note that HABHRCA provides the United States Environmental Protection Agency (EPA) with comparable authority for determining freshwater hypoxia or HAB events of national significance. The EPA will issue a separate notice to solicit comments on freshwater hypoxia or HAB events.

The Caribbean Fishery Management Council will hold its 166th meeting in August to discuss the items contained in the agenda in the Supplementary Information.

The South Atlantic Fishery Management Council (Council) will hold a series of public hearings pertaining to Regulatory Amendment 33 to the Snapper Grouper Fishery Management Plan for the South Atlantic Region. The amendment would revise management measures for red snapper.

NMFS implements accountability measures for the commercial hook-and-line component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial hook-and- line landings for golden tilefish will reach the hook-and-line component's commercial annual catch limit (ACL) by July 20, 2019. Therefore, NMFS closes the commercial hook-and-line component for golden tilefish in the South Atlantic EEZ on July 23, 2019, and it will remain closed until the start of the next fishing year on January 1, 2020. This closure is necessary to protect the golden tilefish resource.

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.

The National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management will hold a public meeting and is soliciting comment for the performance evaluation of the Rookery Bay National Estuarine Research Reserve.

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 (L-DEO) to incidentally harass, by Level A and Level B harassment, marine mammals during seismic activities associated with a marine geophysical survey in the Northeast Pacific Ocean.

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.