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

The New England Fishery Management Council (Council) is scheduling a public meeting of its Herring 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.

NMFS announces its request for applications for the 2021 shark research fishery from commercial shark fishermen with directed or incidental shark limited access permits. The shark research fishery allows for the collection of fishery-dependent and biological data for future stock assessments and to meet the research objectives of the Agency. The only commercial vessels authorized to land sandbar sharks are those participating in the shark research fishery. Shark research fishery permittees may also land other large coastal sharks (LCS), small coastal sharks (SCS), smoothhound, and pelagic sharks. Commercial shark fishermen who are interested in participating in the shark research fishery need to submit a completed Shark Research Fishery Permit Application to be considered.

NMFS and the Western Pacific Fishery Management Council (Council) will convene a Western Pacific Stock Assessment Review (WPSAR) of a 2020 stock assessment update for seven deep-water bottomfish species (``Deep 7'' bottomfish complex) in the Main Hawaiian Islands.

The GMFMC and SAFMC will host informational webinars on behalf of NOAA Fisheries regarding the implementation of the Southeast For- Hire Electronic Reporting Program.

The SEDAR 73 assessment of the South Atlantic stock of red snapper will consist of a data scoping webinar, a workshop, and a series of assessment webinars. See SUPPLEMENTARY INFORMATION.

The SEDAR 72 assessment of Gulf of Mexico gag grouper will consist of a series of data and assessment webinars. See SUPPLEMENTARY INFORMATION.

NMFS is transferring 19.5 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category. This action is intended to provide additional opportunities for General category fishermen to participate in the December General category fishery, which is scheduled to reopen on December 1, 2020, and is based on consideration of the regulatory determination criteria regarding inseason adjustments. This action would affect Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels with a commercial sale endorsement when fishing commercially for BFT.

NMFS is prohibiting directed fishing for Atka mackerel in the Bering Sea subarea and Eastern Aleutian District (BS/EAI) of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access sector fishery. This action is necessary to prevent exceeding the 2020 total allowable catch (TAC) of Atka mackerel in the BS/EAI allocated to vessels participating in the BSAI trawl limited access sector fishery.

We (NMFS) announce a negative 90-day finding on a petition to delist the Arctic subspecies of ringed seal (Pusa hispida hispida) under the Endangered Species Act (ESA). We find that the petition and information readily available in our files does not present new information or analyses that had not been previously considered and therefore does not present substantial scientific or commercial information indicating that the petitioned action may be warranted. Nevertheless, we note that we are separately initiating a five-year review of the status of the Arctic ringed seal pursuant to section 4(c)(2) of the ESA, including whether the best scientific and commercial data available indicate delisting is warranted.

The Mid-Atlantic Fishery Management Council (Council) will hold public meetings of the Council.

This announcement provides notice that the decision record has closed for an administrative appeal filed by Jordan Cove Energy Project, L.P. and Pacific Connector Gas Pipeline, LP (collectively, ``Appellants'') under the Coastal Zone Management Act. Appellants have requested that the NOAA Administrator, pursuant to authority delegated by the Secretary of Commerce to decide Coastal Zone Management Act of 1972 (CZMA) federal consistency appeals, override an objection by the Oregon Department of Land Conservation and Development to a consistency certification for a proposed project to construct and operate a liquefied natural gas export terminal and a 229-mile natural gas pipeline and compressor station off the Pacific Coast.

We, the National Marine Fisheries Service (NMFS), propose to designate critical habitat for the seven threatened corals in U.S. waters in the Indo-Pacific (Acropora globiceps, Acropora jacquelineae, Acropora retusa, Acropora speciosa, Euphyllia paradivisa, Isopora crateriformis, and Seriatopora aculeata) pursuant to section 4 of the Endangered Species Act (ESA). Seventeen specific occupied areas containing physical features essential to the conservation of these coral species are being proposed for designation as critical habitat; these areas contain approximately 600 square kilometers (km\2\; 230 square miles) of marine habitat. We have considered positive and negative economic, national security, and other relevant impacts of the proposed designations, and we propose to exclude two areas from the critical habitat designations due to anticipated impacts on national security. We are soliciting comments from the public on all aspects of the proposal, including our identification of the geographical area and depths occupied by the species, the physical and biological feature essential to the coral species' conservation and identification, areas not included and excluded, and consideration of impacts of the proposed action.

The SEDAR 66 stock assessment of the South Atlantic stock of Tilefish will consist of a data scoping webinar, a workshop, and a series of assessment webinars. See SUPPLEMENTARY INFORMATION.

NMFS apportions amounts of the non-specified reserve to the initial total allowable catch (ITAC) of Bering Sea and Aleutian Islands (BSAI) arrowtooth flounder, BSAI ``other flatfish,'' Bering Sea subarea and Eastern Aleutian District (BS/EAI) blackspotted/rougheye rockfish, Western Aleutian District and Central Aleutian District (WAI/CAI) blackspotted/rougheye rockfish, BSAI skates; and to the total allowable catch (TAC) of BSAI Alaska plaice. 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 received a request from the United States Navy (Navy) on October 14, 2020, for a modification to the incidental harassment authorization (IHA) that was issued on July 3, 2019 due to an elevated harbor seal take rate that was unanticipated. A small group of harbor seals (Phoca vitulina) repeatedly entered into and remained within the Level A harassment zone, resulting in a take rate that was projected to exceed the authorized limit for this species. The Navy felt that without an increase in authorized take of harbor seal they would be forced to repeatedly shut down whenever animals entered into specified Level A harassment zones, which would impede their ability to get the work done in the time needed. Therefore, NMFS is proposing to modify the IHA to increase authorized take by Level A harassment of harbor seal. NMFS is also proposing to revise the shutdown mitigation provisions for harbor seals in the modified IHA. The monitoring and reporting measures remain the same as prescribed in the initial IHA and no additional take was requested for other species. NMFS will consider public comments on the requested modification prior to making any final decision and agency responses will be summarized in the final notice of our decision.

The National Oceanic and Atmospheric Administration (NOAA) Office of National Marine Sanctuaries is providing the public with an opportunity to comment on NOAA's Regulatory Impact Review (RIR), a supporting document to the Notice of Proposed Rulemaking (NPRM) for the expansion of the Flower Garden Banks National Marine Sanctuary (FGBNMS). While NOAA summarized the RIR in the proposed rule for this action, due to an oversight, the RIR was not included as a supporting document when the NPRM was published. The comment period for the NPRM that was published on May 1, 2020 closed on July 3, 2020. With this notice, NOAA will only accept comments on the RIR, and any other comments on the proposed expansion will not be considered.

NMFS announces a valid specified fishing agreement that allocates up to 1,000 metric tons (t) of the 2020 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 New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop 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.

NMFS announces that the State of North Carolina is transferring a portion of its 2020 commercial summer flounder quota to the State of Connecticut. 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 Connecticut.

NMFS announces that the State of Maryland is transferring a portion of its 2020 commercial bluefish quota to the State of North Carolina. This quota adjustment is necessary to comply with the Atlantic Bluefish Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial bluefish quotas for Maryland and North Carolina.

NMFS publishes revisions to the final 2020 and 2021 harvest specifications for the 2021 groundfish fisheries of the Gulf of Alaska (GOA) that are required by the final rule implementing Amendment 109 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). This action is necessary to revise the 2021 seasons associated with the pollock fishery and revise the trawl catcher vessel sector's Pacific cod seasonal apportionments of the total allowable catch in the Western and Central Regulatory Areas of the GOA. The intended effect of this action is to conserve and manage the groundfish resources in the GOA in accordance with the FMP and the Magnuson-Stevens Fishery Conservation and Management Act.

The Caribbean Fishery Management Council (CFMC) will hold the 172nd public meeting (virtual) to address the items contained in the tentative agenda included in SUPPLEMENTARY INFORMATION.

NMFS corrects the final rule that implemented management measures described in Regulatory Amendment 27 (Regulatory Amendment 27) to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), which published in the Federal Register on January 27, 2020. That final rule modified management measures for commercially-caught red porgy in the South Atlantic exclusive economic zone (EEZ). In that final rule, NMFS inadvertently neglected to remove a regulation prohibiting the sale and purchase of red porgy during the months of January through April. The purpose of this correcting amendment is to fix that error.