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

NMFS is proposing to set Atlantic bluefin tuna (BFT) General category restricted-fishing days (RFDs) for the 2021 fishing year; clarify the regulations regarding applicability of RFDs to highly migratory species (HMS) Charter/Headboat permitted vessels; and correct references to the Atlantic Tunas General category permit in a section of the Atlantic HMS regulations. This proposed rule would establish RFDs for specific days during the months of July through November 2021. On an RFD, Atlantic Tunas General category permitted vessels may not fish for (including catch-and-release or tag-and-release fishing), possess, retain, land, or sell BFT. On an RFD, HMS Charter/Headboat permitted vessels with a commercial sale endorsement also are subject to these restrictions to preclude commercially for BFT under the General category restrictions and retention limits but may still fish for, possess, retain, or land BFT when fishing recreationally under applicable HMS Angling category rules.

NMFS announces the closure of the Northern Gulf of Maine Scallop Management Area for the remainder of the 2021 fishing year for Limited Access General Category vessels. Regulations require this action once NMFS projects that 100 percent of the Limited Access General Category total allowable catch for the Northern Gulf of Maine Scallop Management Area will be harvested. This action is intended to prevent the overharvest of the 2021 total allowable catch allocated to the Limited Access General Category Fishery.

NMFS issues regulations to implement Amendment 12 to the Fishery Management Plan (FMP) for the Dolphin and Wahoo Fishery of the Atlantic (Dolphin Wahoo FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule adds bullet mackerel and frigate mackerel to the Dolphin Wahoo FMP and designates them as ecosystem component (EC) species. The purpose of this final rule and Amendment 12 is to acknowledge the ecological role of bullet mackerel and frigate mackerel as forage fish and to achieve the ecosystem management objectives in the Dolphin Wahoo FMP.

This notice sets forth the proposed schedule and agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will hear presentations and discuss Administration priorities; the Coronavirus Aid, Relief, and Economic Security (CARES) Act and relief funding; Executive Orders and implications for NOAA; building a resilient seafood and fishing sector including marketing, workforce development, aquaculture, and social indicators of resilience; offshore wind and science; marine mammal deterrents; recreational fisheries engagement and work of the Recreational Electronic Reporting Task Force; and the fiscal year (FY) 2022 budget.

In this final rule, NMFS implements bottomfish annual catch limits (ACL), and annual catch targets (ACT) and accountability measures (AM) to correct or mitigate any overages, for Guam and the Commonwealth of the Northern Mariana Islands (CNMI). The ACLs, ACTs, and AMs are effective for fishing years 2020-2022 in Guam, and for 2020-2023 in the CNMI. This rule also makes a minor technical correction to the regulations. This action supports the long-term sustainability of the bottomfish fisheries in the Mariana Archipelago.

The North Pacific Fishery Management Council (NPFMC) Trawl Electronic Monitoring Committee will meet May 21, 2021.

The National Marine Fisheries Service (NMFS) is issuing permits for a period of three years to authorize the incidental, but not intentional, take of specific Endangered Species Act (ESA)-listed marine mammal species or stocks under the Marine Mammal Protection Act (MMPA), in certain U.S. commercial fisheries.

NMFS, upon request of the U.S. Navy (Navy), hereby issues regulations to govern the unintentional taking of marine mammals incidental to construction activities including marine structure maintenance, pile replacement, and select waterfront improvements at Naval Station Norfolk (NAVSTA Norfolk) over the course of five years (2021-2026). These regulations, which allow for the issuance of a Letter of Authorization (LOA) for the incidental take of marine mammals during the described activities and specified timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.

The Mid-Atlantic Fishery Management Council's Research Steering Committee (RSC) will hold a meeting.

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 Alaska Department of Transportation and Public Facilities (ADOT&PF) to incidentally harass marine mammals incidental to Phase I of the two-part ferry berth improvements and construction in Tongass Narrows, near Ketchikan, AK.

The South Atlantic Fishery Management Council (Council) will hold a meeting of its Private Recreational Reporting Workgroup evaluating reporting alternatives for the private recreational snapper grouper fishery.

The SEDAR 68 assessment process of Gulf of Mexico and Atlantic scamp will consist of a series of data and assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

NMFS received a request from the U.S. Navy (Navy) for an incidental harassment authorization (IHA) to incidentally take marine mammals, by Level B harassment only, during target and missile launch activities on San Nicolas Island (SNI). The Navy is requesting, and NMFS is proposing to issue, an IHA authorizing incidental take of marine mammals during continuation of target and missile launch activities identical to those already analyzed in a 2019 IHA issued on June 12, 2019 and a currently active Renewal IHA issued on June 19, 2020, which expires on June 11, 2021. The proposed mitigation, monitoring, and reporting measures remain the same as prescribed in the previous IHAs. This IHA would be effective from June 12, 2021 through June 11, 2022. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to incidentally take marine mammals during the specified activities. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notification of our decision. The Navy's activities are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (NDAA).

Notice is hereby given that NMFS has adopted U.S. Fish & Wildlife Service's (USFWS) Placer County Conservation Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR), issued a ROD, and prepared an Incidental Take Permit (ITP) (No. 25641) for the incidental take of California Central Valley (CCV) steelhead (Oncorhynchus mykiss) and Central Valley (CV) fall and late fall-run Chinook salmon (O. tshawytscha) associated with the proposed Placer County Conservation Program (PCCP). The PCCP was prepared by the local agencies that will become permittees (Placer County, City of Lincoln, South Placer Regional Transportation Authority, Placer County Water Agency, and Placer Conservation Authority) and describes Covered Activities and conservation activities in Placer County. The permit is issued for a duration of 50 years.

We, NMFS, are issuing a proposed rule to remove a coral, Siderastrea glynni, from the Federal List of Threatened and Endangered Species as recommended in the recent 5-year review of the species under the Endangered Species Act (ESA). We propose this action based on recently obtained genetic and morphological information that demonstrates that S. glynni does not meet the statutory definition of a species, and therefore does not qualify for listing under the ESA.

The National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management will hold a public meeting to solicit comments on the performance evaluation of the ACE Basin National Estuarine Research Reserve.

The National Integrated Drought Information System (NIDIS) Program Office will hold a virtual, organizational meeting of the NIDIS Executive Council on May 4, 2021.

NMFS is adjusting the current regulations for North Atlantic swordfish and shark retention limits for certain permit holders in U.S. Atlantic and Caribbean waters. Specifically, this action will modify swordfish retention limits for highly migratory species (HMS) Commercial Caribbean Small Boat permit holders, Swordfish General Commercial permit holders, and HMS Charter/Headboat permit holders with a commercial endorsement on a non-for hire (i.e., commercial) trip. This action will also modify the shark retention limits for HMS Commercial Caribbean Small Boat permit holders. Additionally, this action will add regulatory criteria for inseason adjustment of swordfish and shark retention limits for the HMS Commercial Caribbean Small Boat permit. The changes are expected to provide fishermen with greater flexibility, establish greater consistency across regions, and improve the efficiency of swordfish and shark management.

The Pacific Fishery Management Council's (Pacific Council) Highly Migratory Species Management Team (HMSMT) will hold an online meeting, which is open to the public.

NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements, which were contained in regulations to allow a Pacific whiting sector cooperative or group of vessels to develop a Salmon Mitigation Plan (SMP), in a final rule published on February 23, 2021. The intent of this rule is to inform the public of the effectiveness of the collection-of-information requirements associated with the submission and reporting requirements included in the February 23, 2021 final rule.

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 Halibut Point Marine Services, LLC (HPMS) to incidentally harass, by Level A and Level B harassment only, marine mammals during construction activities associated with the Old Sitka Dock North Dolphins Expansion Project in Sitka, Alaska.

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

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 2021 Pacific cod total allowable catch (TAC) allocated to catcher vessels using trawl gear in the BSAI.