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

Notice is hereby given that Lars Bejder, Ph.D., University of Hawaii at Manoa, 46-007 Lilipuna Road, Kaneohe, HI 96744, has applied for an amendment to Scientific Research Permit No. 21476.

The Marine Mammal Protection Act (MMPA) allows for specified persons to employ measures to deter marine mammals from damaging fishing gear and catch, damaging personal or public property, or endangering personal safety, as long as these measures do not result in death or serious injury of marine mammals. The MMPA directs the Secretary of Commerce, through NOAA's NMFS, to publish a list of ``guidelines'' for use in safely deterring marine mammals under NMFS' jurisdiction and to recommend ``specific measures,'' which may be used to nonlethally deter marine mammals listed under the Endangered Species Act (ESA). While the guidelines and specific measures are not mandatory, the MMPA provides protection from liability under the MMPA for take resulting from such deterrence measures by specifying that any actions taken to deter marine mammals that are consistent with the guidelines or specific measures are not a violation of the act. NMFS has not evaluated these deterrents for effectiveness. This rulemaking also includes prohibitions on certain deterrent methods that NMFS has determined, using the best available scientific information, would have a significant adverse effect on marine mammals.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a Renewal incidental harassment authorization (IHA) to the U.S. Navy's Office of Naval Research (ONR) to harass marine mammals incidental to Arctic Research Activities in the Beaufort and Chukchi Seas.

The North Pacific Fishery Management Council (Council) Crab Plan Team will meet September 14, 2020 through September 17, 2020.

The Gulf of Mexico Fishery Management Council will hold a meeting of its Law Enforcement Technical Committee (LETC), in conjunction with the Gulf States Marine Fisheries Commission's (GSMFC) Law Enforcement Committee (LEC).

The South Atlantic Fishery Management Council (Council) will hold meetings of the following: Snapper Grouper Committee; Southeast Data, Assessment and Review (SEDAR) Committee; Dolphin Wahoo Committee; and Executive Committee (partially Closed Session). The meeting week will also include a formal public comment session and a meeting of the Full Council (with a partially Closed Session). Due to public health concerns associated with COVID-19 and current travel restrictions, the meeting originally planned for Charleston, SC will be held via webinar.

This proposed rule would revise regulations to delay implementation of the Electronic Monitoring (EM) Program for the West Coast Groundfish Trawl Rationalization Program. This action would delay implementation of the EM Program to January 1, 2022. NMFS is proposing this change to provide additional time for industry and prospective service providers to prepare for implementation, as it is expected to strengthen Council and industry support for the EM program and may increase participation when it is implemented in 2022.

This serves as notice of a virtual public meeting for the NOAA Hydrographic Services Review Panel (HSRP) on September 23, 2020, 1-5:30 p.m. EDT, and September 24, 2020, 1-5 p.m. EDT via webinar. The HSRP will be asked for advice and recommendations on the development of the implementation plans for the two ocean and coastal mapping strategies noted below and other HSRP meeting topics. Individuals or groups who also want to comment on these or other NOAA navigation services topics are encouraged to submit advance public comments and letters via email no later than September 15, 2020.

Notice is hereby given that Iain Kerr, Ocean Alliance, 32 Horton Street, Gloucester, MA 01930, has applied in due form for a permit to conduct research on 22 cetacean species including endangered or threatened blue whales (Balaenoptera musculus), Gulf of Mexico Bryde's whales (B. edeni), fin whales (B. physalus), Hawaii insular false killer whales (Pseudorca crassidens), humpback whales (Megaptera novaeangliae), North Atlantic right whales (Eubalaena glacialis), sei whales (B. borealis), Southern right whales (E. australis), sperm whales (Physeter macrocephalus), and Western North Pacific gray whales (Eschrichtius robustus).

NMFS announces the availability of Draft Amendment 12 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP). The Draft Amendment responds to revisions to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) National Standard (NS) guidelines, a rulemaking addressing reporting methodologies for bycatch as defined under the Magnuson- Stevens Act, and recent NMFS policy directives which aim to improve and streamline fishery management procedures to enhance their utility for managers and the public. This draft amendment does not include a proposed rule or regulatory text. Any operational changes to fishery management measures as a result of Amendment 12 would be considered in future rulemakings, as appropriate.

This action reduces the in-season possession limit adjustment trigger for southern red hake due to an annual catch limit overage in fishing year 2018. Reduction of the trigger is a non-discretionary action intended to minimize the potential for catch overages in the future. This action also reduces the in-season possession limit because the trigger implemented with this action has been reached. The intent of this action is to inform the public of the possession limit trigger reduction and reduction in possession limit.

Through this temporary rule, NMFS implements accountability measures (AMs) for the red snapper recreational sector private angling component in the Gulf of Mexico (Gulf) off Texas for the 2020 fishing year. Based on information provided by the State of Texas Parks and Wildlife Department (TPWD), NMFS has determined that the 2019 Texas regional management area private angling component annual catch limit (ACL) for Gulf red snapper was exceeded. Therefore, NMFS reduces the 2020 private angling component ACL of Gulf red snapper for the Texas regional management area. This reduction will remain in effect through the remainder of the current fishing year on December 31, 2020, and is necessary to protect the Gulf red snapper resource.

Free Atlantic Shark Identification Workshops and Safe Handling, Release, and Identification Workshops will be held in October, November, and December of 2020. 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 2020 and will be announced in a future notice.

The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.

The North Pacific Fishery Management Council (Council) Groundfish Plan Teams will meet via webconference September 8, 2020 through September 11, 2020.

The SEDAR 73 assessment of the South Atlantic stock of Red Snapper will consist of a Data webinar, an in-person workshop, and a series of assessment webinars.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Ecosystem-Based Fishery Management (EBFM) Committee via webinar 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 Pacific Fishery Management Council (Pacific Council) and its advisory entities will hold online public meetings.

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 October 14-16, 2020. Meeting topics are provided under the SUPPLEMENTARY INFORMATION section of this notice.

The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.

NMFS is correcting regulations implemented through a final rule that integrates Atlantic chub mackerel as a stock in the fishery under the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. This notice corrects regulatory instructions to ensure that regulations are implemented as intended.

The NMFS Assistant Administrator (Assistant Administrator) has issued new 5-year affirmative findings for the Governments of Ecuador, Guatemala, Mexico, and Spain (referred to hereafter as ``The Nations'') under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow importation into the United States of yellowfin tuna and yellowfin tuna products harvested in the eastern tropical Pacific Ocean (ETP) 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 determination on reviews of documentary evidence submitted by the Government of The Nations and of information obtained from the Inter-American Tropical Tuna Commission (IATTC).

NMFS apportions amounts of the non-specified reserve to the initial total allowable catch (ITAC) of Aleutian Islands (AI) Greenland turbot, AI trawl sablefish, Bering Sea (BS) trawl sablefish, Bering Sea and Eastern Aleutian Islands (BS/EAI) blackspotted/rougheye rockfish, Bering Sea and Aleutian Islands (BSAI) Alaska plaice, BSAI Kamchatka flounder, BSAI octopuses, and BSAI ``other flatfish''. This action is necessary to allow the fisheries to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI management area.

NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements contained in regulations published in a final rule on May 18, 2020. The final rule implements three resolutions adopted by the Members of the Inter- American Tropical Tuna Commission (IATTC) in 2018 and 2019: Resolution C-19-01 (Amendment to Resolution C-18-05 on the Collection and Analyses of Data on Fish-Aggregating Devices); Resolution C-19-05 (Amendment to the Resolution C-16- 06 Conservation Measures for Shark Species, with Special Emphasis on the Silky Shark (Carcharhinus falciformis), for the Years 2020 and 2021); and Resolution C-18-07 (Resolution on Improving Observer Safety at Sea: Emergency Action Plan). The final rule also implements a resolution adopted by Parties to the Agreement on the International Dolphin Conservation Program (AIDCP): Resolution A-18-03 (On Improving Observer Safety At Sea: Emergency Action Plan). The intent of this final rule is to inform the public of the effectiveness of the collection-of information requirements associated with silky shark reporting, fish aggregating device (FAD) reporting, and observer reporting included in the final rule.