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

NMFS is closing the Atlantic herring fishery and implementing a 2,000-lb (907.2-kg) possession limit for herring in all Herring Management Areas. This is required because NMFS projects that herring catch will reach 95 percent of the annual catch limit before the end of the fishing year. This action is intended to prevent overharvest of herring, which would result in additional catch limit reductions in a subsequent year.

NMFS publishes standard prices and fee percentages for cost recovery for the Amendment 80 Program, the American Fisheries Act (AFA) Program, the Aleutian Islands Pollock (AIP) Program, and the Western Alaska Community Development Quota (CDQ) Program in the Bering Sea Aleutian Islands (BSAI) management area. The fee percentage for 2021 is 1.43 percent for the Amendment 80 Program, 0.25 percent for the AFA inshore cooperatives, zero percent for the AIP program, and 0.83 percent for the CDQ Program. This notice is intended to provide the 2021 standard prices and fee percentages to calculate the required payment for cost recovery fees due by December 31, 2021.

The National Oceanic and Atmospheric Administration (NOAA) has prepared a draft management plan as part of the Stellwagen Bank National Marine Sanctuary (SBNMS or sanctuary) management plan review pursuant to the National Marine Sanctuaries Act. The draft management plan, which would update the 2010 sanctuary management plan, addresses current and emerging threats in SBNMS and reflects changes in new science and technologies, how people use the sanctuary, and community needs. The draft management plan supports continued protection of sanctuary resources through enforcement of existing sanctuary regulations, education and outreach strategies that promote ocean stewardship, and community engagement. Consistent with the information provided in the 2020 Notice of Intent, NOAA is not proposing modifications to the sanctuary regulations at this time, but may consider regulatory changes in the future. NOAA also prepared an environmental assessment, which evaluates the environmental impacts of implementing the draft management plan and ongoing field activities. NOAA is soliciting public comments on the draft updated management plan and environmental assessment at this time.

NMFS is prohibiting directed fishing for Atka mackerel in the Central Aleutian district (CAI) 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 2021 total allowable catch (TAC) of Atka mackerel in the CAI allocated to vessels participating in the BSAI trawl limited access sector fishery.

NMFS announces that the Commonwealth of Virginia and the State of North Carolina are transferring a portion of their 2021 commercial summer flounder quota to the states of Connecticut and Rhode Island, respectively. This adjustment to the 2021 fishing year quota 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 2021 commercial quotas for Virginia, North Carolina, Connecticut, and Rhode Island.

NMFS proposes to implement a rebuilding plan that includes annual catch limits (ACL) and accountability measures (AM) for the overfished bottomfish stock complex in Guam. This action is necessary to rebuild the overfished stock consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).

We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS; hereafter collectively referred to as the ``Services'' or ``we''), are extending the comment period on our October 27, 2021, proposed rule to rescind the final rule titled ``Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat'' that was published on December 16, 2020, and established a regulatory definition of the term ``habitat.'' We are extending the comment period by 15 days.

NMFS approves and implements measures included in Amendment 7 to the Atlantic Bluefish Fishery Management Plan, as submitted by the Mid-Atlantic Fishery Management Council. This amendment revises the goals and objectives of the fishery management plan, reallocates quota between the commercial and recreational fisheries, reallocates commercial quota among the states, implements a rebuilding plan, revises the sector quota transfer process, and revises how management uncertainty is applied during the specifications process. Amendment 7 is intended to use the best scientific information available and respond to changes in stock health and distribution, while recognizing economic need and reliance throughout the management area.

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 harass, by Level A and Level B harassment only, marine mammals during construction activities associated with the Parallel Thimble Shoal Tunnel Project (PTST) in Virginia Beach, Virginia.

NMFS proposes 2022-2023 specifications for the summer flounder, scup, and black sea fisheries. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan require us to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. The proposed specifications are intended to establish allowable harvest levels for these species that will prevent overfishing, consistent with the most recent scientific information.

The Space Weather Advisory Group (SWAG) will meet for 1 half- day on December 1, 2021.

The Pacific Fishery Management Council (Pacific Council) will convene a Stock Assessment Review (STAR) Panel meeting to review the 2021 central subpopulation of northern anchovy (CSNA) stock assessment. The meeting will be co-hosted by the NOAA Southwest Fisheries Science Center.

NMFS is proposing to establish a uniform, nationally consistent minimum insurance standard that would apply in regional regulatory programs that authorize an observer provider to deploy a person in any mandatory or voluntary observer program and that specify responsibilities of authorized providers. NMFS has concluded that this action is necessary to clarify the types of insurance that are appropriate to address the financial risks that observer coverage presents in any federally managed fishery that is subject to observer coverage. The proposed standard would establish a nationally consistent suite of insurance coverages that an observer provider seeking authorization, or that has been authorized, must have to mitigate the financial risks associated with providing observer services; specifically observer deployments to fishing vessels or shoreside locations such as processing facilities, and those that arise with training personnel for these deployments. Through compliance with this minimum standard, observer providers would be properly insured, thereby mitigating the financial risks that fishing vessels, first receivers, and shoreside processors have when complying with observer coverage requirements. This proposed rule would also revise regional observer program regulations to reference the newly established national minimum insurance standard, but existing regional observer program regulatory procedures that specify how an observer provider demonstrates compliance with insurance requirements would not be modified.

The SEDAR 75 assessment of Gulf of Mexico gray snapper will consist of a series of assessment webinars. See SUPPLEMENTARY INFORMATION.

The New England Fishery Management Council (Council, NEFMC) will hold a three-day meeting to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Due to ongoing public safety considerations related to COVID-19, this meeting will be conducted entirely by webinar.

Notice is hereby given that Heather E. Liwanag, Ph.D., 1 Grand Avenue, San Luis Obispo, CA 93407-0401, has applied for an amendment to Scientific Research Permit No. 22187-01.

NMFS solicits nominations for the Atlantic Highly Migratory Species (HMS) Advisory Panel (AP). NMFS consults with and considers the comments and views of the HMS AP when preparing and implementing Fishery Management Plans (FMPs) or FMP amendments for Atlantic tunas, swordfish, sharks, and billfish. Nominations are being sought to fill approximately one-third (12) of the seats on the HMS AP for 3-year appointments. Individuals with definable interests in the recreational and commercial fishing and related industries, environmental community, academia, and non-governmental organizations are considered for membership on the HMS AP. NMFS also intends to fill an additional vacancy on the HMS AP for the remainder of a term that expires on December 31, 2023.

The New England Fishery Management Council initiated development of Amendment 5 to the Northeast Skate Complex Fishery Management Plan in 2016. A notice of intent to develop an environmental impact statement for this action was published in January 2017, followed by a second notice and round of scoping in late December 2020. However, in September 2021, the Council voted to discontinue work on Amendment 5 and pursue the remaining alternatives through newly initiated Framework Adjustment 9. The remaining alternatives in this framework are largely administrative and not expected to have significant impacts on the fishery or human environment. Therefore, NMFS is withdrawing the notice of intent and no longer intends to prepare an environmental impact statement.

The Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) is requesting written comments to facilitate ONMS' review of the nomination for St. George Unangan Heritage National Marine Sanctuary (NMS) at the five- year interval. In particular, NOAA is requesting relevant information as it pertains to its 11 evaluation criteria for inclusion in the inventory. In this five-year review, NOAA will pay particular attention to any new information about the significance of the area's natural or cultural resources, changes to any threats to these resources, and any updates to the management framework of the area. NOAA has provided the original nominating party, the City of St. George, an opportunity to share its views on these same questions. Following this information gathering and internal analysis, NOAA will make a final determination on whether or not the St. George Unangan Heritage NMS nomination will remain in the inventory for another five year period.

The South Atlantic Fishery Management Council (Council) will hold meetings of the following: Mackerel Cobia Committee; Snapper Grouper Committee; Southeast Data, Assessment and Review (SEDAR) Committee; Citizen Science Committee; and Outreach and Communications Committee. The meeting week will also include a formal public comment session and a meeting of the Full Council (partially Closed Session).

Notice is hereby given that NMFS has issued one Incidental Take Permit and one Enhancement of Survival Permit to Sierra Pacific Land & Timber Company (SPL&T) for the Sierra Pacific Industries Habitat Conservation Plan (HCP) and Safe Harbor Agreement (SHA). The HCP/SHA was submitted pursuant to the Endangered Species Act (ESA) of 1973, as amended. NMFS has also prepared a Final Environmental Assessment (EA) and a Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) associated with NMFS' issuance of the Permits for the HCP/SHA. The Permits authorize incidental take of ESA- listed species as set forth in the HCP/SHA for a 50-year period.

The New England Fishery Management Council (Council) is scheduling a joint 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 the initiation of a 5-year review for the common angelshark (Squatina squatina). NMFS is required by the Endangered Species Act (ESA) to conduct 5-year reviews to ensure that the listing classifications of species are accurate. The 5-year review must be based on the best scientific and commercial data available at the time of the review; therefore, we request submission of any such information on the common angelshark that has become available since the species was listed in 2016.

The North Pacific Fishery Management Council (Council) Charter Halibut Management Committee will meet December 6, 2021.

The Mid-Atlantic Fishery Management Council's Ecosystem and Ocean Planning Committee will hold a public meeting.