National Oceanic and Atmospheric Administration March 2020 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that Plimsoll Productions Limited, 51 55 Whiteladies Road, Bristol, BS8 2LY, United Kingdom (Responsible Party: Anuschka Schofield), has applied in due form for a permit to conduct commercial or educational photography on bottlenose dolphins (Tursiops truncatus).

The National Marine Fisheries Service (NMFS) withdraws a proposed rule proposing to implement Fisheries Finance Program (FFP) financing of the cost of constructing new fishing vessels. NMFS published the proposed rule in the Federal Register on November 2, 2018. After careful consideration, NMFS has decided that the proposed changes discussed in the proposed rule are not warranted at this time.

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that a proposed exempted fishing permit contains all of the required information and warrants further consideration. This exempted fishing permit would allow midwater trawl Atlantic herring vessels to use electronic monitoring, coupled with portside sampling, in lieu of at-sea monitoring to satisfy their industry-funded monitoring requirements during 20202021. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed exempted fishing permits.

The New England Fishery Management Council (Council) has cancelled a public meeting of its Groundfish Committee that was scheduled for Friday, April 3, 2020.

This announcement provides notice that the decision record has closed for an administrative appeal filed with the Department of Commerce (Department) by WesternGeco requesting that the Secretary of Commerce (Secretary) override an objection by the North Carolina Division of Coastal Management to a consistency certification for a proposed project to conduct a marine Geological and Geophysical seismic survey in the Atlantic Ocean.

NMFS issues this temporary rule (also referred to herein as ``emergency action'') to provide it with authority to waive observer coverage requirements established in regulations promulgated under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and other statutes, consistent with applicable law and international obligations. NMFS is taking this action to address public health concerns relating to the evolving pandemic of Coronavirus Disease 19 (COVID-19). NMFS is taking this action to protect public health, economic security, and food security, and to safeguard the health and safety of fishermen, observers, and other persons involved with such monitoring programs, while safeguarding the ability of fishermen to continue business operations and produce seafood for the Nation. This action also authorizes NMFS to waive some training or other program requirements to ensure that as many observers are available as possible while ensuring the safety and health of the observers and trainers.

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.

NMFS is reallocating the projected unused amounts of the Community Development Quota (CDQ) pollock directed fishing allowance (DFA) from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to provide opportunity for harvest of the 2020 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 Management Area (BSAI).

This final rule announces routine inseason adjustments to the harvest limits for incidental halibut retention in the primary sablefish fishery.

The National Oceanic and Atmospheric Administration's (NOAA's) Office of National Marine Sanctuaries (ONMS) announces the establishment of new indirect cost rates for the recovery of indirect costs for its component organizations involved in natural resource damage and restoration activities for fiscal year (FY) 2010. NOAA provides the indirect cost rates for this fiscal year and the dates of implementation in this notice. The public can obtain more information on this rate from the address provided below in the ADDRESSES section.

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.

The National Oceanic and Atmospheric Administration (NOAA) is soliciting comments from the public on a draft revised management plan for the Great Bay National Estuarine Research Reserve. The revision of the existing plan is necessitated by the applicable requirements of the National Estuarine Research Reserve System. The Great Bay National Estuarine Research Reserve revised plan is intended to replace the plan approved in 2007.

NMFS hereby extends the comment period on the notice of initiation of 5-year reviews of 28 species of Pacific salmon and steelhead (Oncorhynchus spp.) listed under the Endangered Species Act of 1973, as amended (ESA).

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the B season apportionment of the 2020 Pacific cod total allowable catch allocated to catcher vessels using trawl gear in the BSAI.

The North Pacific Fishery Management Council submitted Amendment 121 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and Amendment 110 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP) (collectively Amendments 121/110), to the Secretary of Commerce for review. If approved, Amendments 121/110 would reclassify sculpins in these fishery management plans (FMPs) under the ecosystem component (EC) category. This action is necessary to ensure sculpin species are accurately classified in the FMPs based on the best available scientific information. Amendments 121/110 are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMPs, and other applicable laws.

NMFS announces that the length of the recreational fishing season for black sea bass in the exclusive economic zone (EEZ) of the South Atlantic will extend throughout the species' 2020-2021 fishing year. Announcing the length of recreational season for black sea bass is one of the accountability measures (AMs) for the recreational sector. This announcement allows recreational fishers to maximize their opportunity to harvest the recreational annual catch limit (ACL) for black sea bass during the fishing season while managing harvest to protect the black sea bass resource.

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 Chesapeake Tunnel Joint Venture (CTJV) to incidentally take, by Level A harassment and Level B harassment, five species of marine mammals during the Parallel Thimble Shoal Tunnel Project (PTST) in Virginia Beach, Virginia.

The South Atlantic Fishery Management Council (Council) will hold a meeting of the Information and Education Advisory Panel (AP) on April 14-15, 2020 and the Snapper Grouper AP from April 15-17, 2020.

In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act (NEPA), and a Consent Decree with BP Exploration & Production Inc. (BP),\1\ the Deepwater Horizon Federal natural resource trustee agencies for the Louisiana Trustee Implementation Group (Louisiana TIG) have prepared a Draft Restoration Plan/Environmental Assessment (RP/EA #5): Living Coastal and Marine ResourcesMarine Mammals and Oysters. The Draft RP/EA #5 proposes restoration project alternatives considered by the Louisiana TIG to restore natural resources and ecological services injured or lost as a result of the Deepwater Horizon oil spill. The Louisiana TIG evaluated these alternatives under criteria set forth in the OPA natural resource damage assessment regulations, and also evaluated the environmental consequences of the restoration alternatives in accordance with NEPA. The purpose of this notice is to inform the public of the availability of the Draft RP/EA #5 and to seek public comments on the document.

NMFS announces a public meeting of the Permanent Advisory Committee (PAC) to advise the U.S. Commissioners to the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC) on April 28, 2020. Meeting topics are provided under the SUPPLEMENTARY INFORMATION section of this notice.

This final rule will clarify a regulation adopted under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), which cross-references and incorrectly interprets regulations adopted under the National Marine Sanctuaries Act. The Monitor National Marine Sanctuary (Sanctuary) regulations currently prohibit some, but not all, fishing in the Sanctuary. NMFS is clarifying its regulation which incorrectly interprets Sanctuary regulations to prohibit all fishing in the Sanctuary by removing the fishing prohibition text and cross- referencing regulations for national marine sanctuaries.

The Pacific Fishery Management Council (Pacific Council) and its advisory entities will hold public meetings.

NMFS is prohibiting directed fishing for pollock in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2020 total allowable catch of pollock in the West Yakutat District of the GOA.