National Oceanic and Atmospheric Administration July 2021 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that New England Aquarium, Central Wharf, Boston, MA 02110 (Responsible Party: Vikki Spruill), has applied in due form for a permit to conduct research on North Atlantic right whales (Eubalaena glacialis).

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application from the Commercial Fisheries Research Foundation contains all of the required information and warrants further consideration. 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 SEDAR 80 stock assessment of U.S. Caribbean queen triggerfish will consist of a series of data webinars. See SUPPLEMENTARY INFORMATION.

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 sector annual catch limit (ACL) by August 1, 2021. Therefore, NMFS is closing the commercial sector for blueline tilefish in the South Atlantic EEZ on August 1, 2021, and it will remain closed until the start of the next fishing year on January 1, 2022. This closure is necessary to protect the blueline tilefish resource.

NMFS is reapportioning the seasonal apportionments of the 2021 Pacific halibut prohibited species catch (PSC) limits for the trawl deep-water and shallow-water species fishery categories in the Gulf of Alaska. This action is necessary to account for the actual halibut PSC use by the trawl deep-water and shallow-water species fishery categories from May 15, 2021 through June 30, 2021. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska.

NMFS implements an accountability measure (AM) for spiny lobster in the U.S. Caribbean exclusive economic zone (EEZ) around Puerto Rico. NMFS has determined that the annual catch limit (ACL) for spiny lobster in Puerto Rico was exceeded based on average landings during the 2017 through 2019 fishing years. Therefore, NMFS reduces the length of the 2021 fishing season for spiny lobster in the EEZ around Puerto Rico by the amount necessary to ensure that landings do not exceed the ACL in 2021. This AM is necessary to protect the spiny lobster resource in the EEZ around Puerto Rico.

This action approves and implements Framework Adjustment 61 to the Northeast Multispecies Fishery Management Plan. This rule revises the status determination criteria for Georges Bank and Southern New England-Mid Atlantic winter flounder, implements a revised rebuilding plan for white hake, sets or adjusts catch limits for 17 of the 20 multispecies (groundfish) stocks, and implements a universal exemption for sectors to target Acadian redfish. This action is necessary to respond to updated scientific information and to achieve the goals and objectives of the fishery management plan. The final measures are intended to help prevent overfishing, rebuild overfished stocks, achieve optimum yield, and ensure that management measures are based on the best scientific information available.

NMFS has received a request from the United States Navy for the re-issuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of one species of marine mammals, by Level B harassment, incidental to construction associated with the Floating Dry Dock Project at Naval Base San Diego in San Diego, California. The project has been delayed and none of the work covered in the initial IHA has been conducted. The initial IHA was effective from September 15, 2020, through September 14, 2021. The Navy has requested re- issuance with new effective dates of September 15, 2021, through September 14, 2022. The scope of the activities and anticipated effects remain the same, authorized take numbers are not changed, and the required mitigation, monitoring, and reporting remains the same as included in the initial IHA. NMFS is, therefore, issuing a second identical IHA to cover the incidental take analyzed and authorized in the initial IHA.

This notice establishes selection criteria and requirements for the NOAA Rear Admiral Richard T. Brennan Ocean Mapping Matching Fund program, to be known as the Brennan Matching Fund. The purpose of this notice is to encourage non-Federal entities to partner with the NOAA National Ocean Service ocean and coastal mapping programs on jointly funded ocean and coastal surveys and related activities of mutual interest. NOAA would receive and match partner funds and rely on its existing contract arrangements to conduct the surveying and mapping activities in FY 2023.

NMFS announces three inseason actions in the 2021 ocean salmon fisheries. These inseason actions modify the commercial salmon troll fisheries in the area from the U.S./Canada border to the U.S./Mexico border.

NMFS announces a combined public meeting of the 14th Scientific Advisory Subcommittee (SAS) to the General Advisory Committee (GAC), and the 29th GAC to the U.S. Section to the Inter- American Tropical Tuna Commission (IATTC). This meeting will be held virtually on Friday, July 23, 2021, via webinar, and is the second combined virtual meetings of the SAS and GAC in 2021. The meeting topics are described under the SUPPLEMENTARY INFORMATION section of this notice.

The Mid-Atlantic Fishery Management Council's Mackerel, Squid, and Butterfish (MSB) Committee and MSB Advisory Panel will hold a joint public meeting.

As required by the Marine Mammal Protection Act (MMPA), NMFS has considered public comments for revisions of the 2020 marine mammal stock assessment reports (SAR). This notice announces the availability of 80 final 2020 SARs that were updated and finalized. NMFS also announces the availability of a revised final 2019 North Atlantic right whale SAR that includes a typographic correction.

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 Washington State Department of Transportation (WSDOT) to incidentally harass, by Level B harassment only, marine mammals incidental to construction activities associated with the Seattle Multimodal Project at Colman Dock in Seattle, Washington State.

NMFS is prohibiting retention of non-Community Development Quota (CDQ) sablefish by vessels using trawl gear in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2021 non-CDQ sablefish initial total allowable catch (ITAC) in the Bering Sea subarea of the BSAI will be reached.

This document announces additional season dates for the Washington North Coast and Puget Sound Pacific halibut recreational fisheries in the International Pacific Halibut Commission's regulatory Area 2A off Washington, Oregon, and California. This action is intended to conserve Pacific halibut and provide angler opportunity where available.

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 Vineyard Wind, LLC (Vineyard Wind) to incidentally harass marine mammals incidental to marine site characterization survey activities off the coast of Massachusetts in the areas of the Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS-A 0501 and OCS-A 0522) and along potential submarine cable routes to landfall locations in Massachusetts, Rhode Island, Connecticut, and New York.

On May 21, 2021, NMFS published the proposed rule for Draft Amendment 13 to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) to modify management measures applicable to the incidental and directed bluefin fisheries. In the proposed rule, NMFS announced a 60-day comment period ending on July 20, 2021. During a public webinar, the Blue Water Fishermen's Association requested that NMFS extend the comment period to provide additional opportunities for the public and other interested parties to consider and comment on the proposed measures and related analyses. NMFS is extending the comment period for this action until September 20, 2021. NMFS will consider comments received on the proposed rule in determining whether and how to implement final management measures.

Notice is hereby given that Coonamessett Farm Foundation, Inc., 277 Hatchville Road, East Falmouth, MA 02536 (Responsible Party: Ronald Smolowitz), has applied in due form for a permit to take leatherback sea turtles (Dermochelys coriacea) and unidentified sea turtles for purposes of scientific research.

This serves as notice of a virtual public meeting for the NOAA Hydrographic Services Review Panel (HSRP) on September 1, 2021, 12:45- 5:30 p.m. EST, and September 2, 2021, 1-5:30 p.m. EST via webinar. The HSRP agenda will be posted in advance on the website. Individuals or groups who want to comment on NOAA navigation services topics are encouraged to submit advance public comments and letters via email or via the question function in the webinar.

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 Mayflower Wind Energy LLC (Mayflower) to incidentally harass, by Level B harassment only, marine mammals during site characterization surveys off the coast of Massachusetts and Rhode Island in the area of the Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS-A 0521) and along a potential submarine cable route to landfall at Falmouth, Massachusetts and Narragansett Bay.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, its implementing regulations, and NMFS' MMPA Regulations for Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, notification is hereby given that a Letter of Authorization (LOA) has been issued to Chevron U.S.A. Inc. (Chevron) for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico.

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