National Oceanic and Atmospheric Administration September 2022 – Federal Register Recent Federal Regulation Documents

NMFS proposes to approve and implement Framework Adjustment 7 to the Tilefish Fishery Management Plan, which includes 2022-2024 specifications for the golden tilefish fishery for fishing years 2022- 2024, a change to the annual specifications process, and a change to the start of the golden tilefish fishing year. The proposed action is necessary to establish allowable harvest levels and other management measures to prevent overfishing while allowing optimum yield, consistent with the Magnuson-Stevens Fishery Conservation and Management Act and the Tilefish Fishery Management Plan. This action is intended to ensure measures are based on the best scientific information available and increase flexibility, where possible, for the tilefish fishery.

NMFS informs surfclam and ocean quahog individual transferable quota allocation holders that they will be required to purchase their fishing year 2023 (January 1, 2023-December 31, 2023) cage tags from the National Band and Tag Company. The intent of this notice is to comply with regulations for the Atlantic surfclam and ocean quahog fisheries and to promote efficient distribution of cage tags.

The South Atlantic Fishery Management Council (Council) will hold a meeting of the Outreach and Communications Advisory Panel (AP) October 4-5, 2022, and a meeting of the Mackerel Cobia Advisory Panel October 5-6, 2022. The meetings will be held in Charleston, SC.

On May 13, 2022, the National Oceanic and Atmospheric Administration (NOAA) published an interim final rule that appeared in the Federal Register and that amended the Office of National Marine Sanctuaries (ONMS) regulations. That rule was published with a 30-day comment period, which ended on June 13, 2022, and a 45-day delayed effective date (June 27, 2022). A subsequent notice delaying the effective date until September 26, 2022, was published on June 24, 2022. This action further delays the effective date of the interim final rule by an additional 120 days, until January 24, 2023.

Notice is hereby given that permits, permit amendments, and permit modifications have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable.

Notice is hereby given that Robert DiGiovanni, Jr., Atlantic Marine Conservation Society, P.O. Box 932, Hampton Bays, NY 11946, has applied in due form for a permit to conduct research on 38 species of marine mammals including endangered blue (Balaenoptera musculus), fin (B. physalus), North Atlantic right (Eubalaena glacialis), sei (B. borealis), and sperm (Physeter macrocephalus) whales.

NMFS is issuing regulations to implement management measures in three new fishery management plans (FMPs), as prepared and submitted by the Caribbean Fishery Management Council (Council). This final rule replaces regulations implementing the U.S. Caribbean region-wide FMPs with regulations implementing the approved island-based FMPs. The purpose of the island-based FMPs is to update management of Federal fisheries in the U.S. Caribbean. NMFS expects these management measures will better account for differences among the U.S. Caribbean islands with respect to culture, markets, fishing gear used, seafood preferences, and ecological impacts.

The Pacific Fishery Management Council's (Pacific Council) Ad Hoc Marine Planning Committee (MPC) will hold a public meeting.

The Pacific Fishery Management Council's (Pacific Council) Coastal Pelagic Species Management Team (CPSMT) will hold a public meeting.

This proposed rule would modify existing limits on fishing effort by U.S. purse seine vessels in the U.S. exclusive economic zone (EEZ) and on the high seas between the latitudes of 20[deg] N and 20[deg] S, in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention). In addition, this proposed rule would adjust the 2022 bigeye tuna catch limit in the area of application of the Convention (Convention Area) for U.S. longline commercial fishing vessels to 3,358 metric tons (mt), due to an overage of the 2021 catch limit. The proposed rule would clarify that adjustments to the purse seine fishing effort limits or longline bigeye tuna catch limits could occur each year, due to any overage of the prior year's limit. This proposed rule would also modify the following: the process for closing the fishery once NMFS expects the effort limits will be reached; the process for obtaining daily purse seine fishing effort reports; and the process for adjusting established annual catch and effort limits in the Convention Area. This action is necessary for the United States to implement provisions of a conservation and management measure adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy the obligations of the United States under the Convention, to which it is a Contracting Party. NMFS is seeking comments on this proposed rule and will respond to those comments in a subsequent final rule.

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 Shell Offshore Inc. (Shell) for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico.

This notice announces an Environmental Impact Statement (EIS) will be prepared in accordance with the National Environmental Policy Act (NEPA) to analyze the impacts to the environment of alternatives to amend the Atlantic Large Whale Take Reduction Plan (Plan). The National Marine Fisheries Service (NMFS) intends to begin a rulemaking process to amend the Plan to further reduce the risk of mortalities and serious injuries of North Atlantic right whales (Eubalaena glacialis) and other large whales caused by incidental entanglement in commercial trap/pot and gillnet fisheries along the U.S. East Coast. This notice is necessary to inform the public of NMFS's intent to prepare this EIS and to provide the public with an opportunity to provide input for NMFS's consideration.

NMFS has received a petition from Empire Offshore Wind LLC (Empire), a 50-50 partnership between Equinor and BP, requesting authorization to take small numbers of marine mammals incidental to activities associated with the Empire Wind Project in a designated lease area on the Outer Continental Shelf (OSC-A 0512) offshore of New York state over the course of 5 years beginning in 2024. Equinor will be the operator through the development, construction, and operations phase of the project. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of Empire's request for the development and implementation of regulations governing the incidental taking of marine mammals and issuance of a Letter of Authorization (LOA). NMFS invites the public to provide information, suggestions, and comments on Empire's application and request.

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 27-28, 2022. Meeting topics are provided under the SUPPLEMENTARY INFORMATION section of this notice.

NMFS and the Assessment Oversight Panel (AOP) will convene the Management Track Assessment Peer Review Meeting for the purpose of reviewing Gulf of Maine and Georges Bank winter flounder, Atlantic halibut, white hake, Gulf of Maine and Georges Bank haddock, northern and southern monkfish, southern New England/mid-Atlantic yellowtail flounder, pollock, and American plaice stocks. The Management Track Assessment Peer Review is a formal scientific peer-review process for evaluating and presenting stock assessment results to managers for fish stocks in the offshore U.S. waters of the northwest Atlantic. Assessments are prepared by the lead stock assessment analyst and reviewed by an independent panel of stock assessment experts called the AOP. The public is invited to attend the presentations and discussions between the review panel and the scientists who have participated in the stock assessment process.

NMFS is transferring 90.5 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category. With this transfer, the adjusted General category September 2022 subquota is 225.5 mt. This action is intended to account for an accrued overharvest of 20.5 mt from previous time period subquotas and to provide further opportunities for General category fishermen to participate in the September General category fishery, based on consideration of the regulatory determination criteria regarding inseason adjustments. This action applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT.

We, NMFS, announce a proposed rule to list the queen conch (Aliger gigas, previously known as Strombus gigas) as a threatened species under the Endangered Species Act (ESA). We have completed a comprehensive status review for the queen conch. After considering the status review report, and after taking into account efforts being made to protect the species, we have determined that the queen conch is likely to become an endangered species within the foreseeable future throughout its range. Therefore, we propose to list the queen conch as a threatened species under the ESA. Any protective regulations determined to be necessary and advisable for the conservation of the queen conch under ESA would be proposed in a subsequent Federal Register announcement. We solicit information to assist this listing determination, the development of proposed protective regulations, and designation of critical habitat within U.S jurisdiction.

The SEDAR 74 assessment of Gulf of Mexico red snapper will consist of a Data workshop, a series of assessment webinars, and a Review workshop. See SUPPLEMENTARY INFORMATION.

The SEDAR Steering Committee will meet to discuss the SEDAR stock assessment process and assessment schedule. See SUPPLEMENTARY INFORMATION.

NMFS closes the Harpoon category fishery for large medium and giant (i.e., measuring 73 inches (185 cm) curved fork length or greater) Atlantic bluefin tuna (BFT) for the remainder of the 2022 Harpoon category fishing season, which ends November 15, 2022, and thus for the year. This closure applies to Atlantic Tunas Harpoon category (commercial) permitted vessels.

The New England Fishery Management Council (Council, NEFMC) will hold a four-day hybrid meeting with both in-person and remote participation to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). The Council continues to follow all public safety measures related to COVID-19 and intends to do so for this meeting.

The North Pacific Fishery Management Council (Council) Pacific Northwest Crab Industry Advisory Committee (PNCIAC) will meet September 21, 2022.

NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Dr. David Portnoy, Texas A&M University, Corpus Christi. If granted, the EFP would allow a limited harvest of speckled hind in South Atlantic Federal waters by select commercial fishermen. The samples collected would be used to assess the speckled hind population structure, genetic diversity, and life history in the South Atlantic.

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