National Oceanic and Atmospheric Administration January 2023 – Federal Register Recent Federal Regulation Documents

The South Atlantic Fishery Management Council (South Atlantic Council) submitted Amendment 34 to the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region (CMP FMP) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, Amendment 34 to the CMP FMP would revise the acceptable biological catch (ABC), the annual optimum yield (OY), sector allocations, the stock and sector annual catch limits (ACL), recreational annual catch target (ACT), and the recreational bag and possession limits off the east coast of Florida for Atlantic migratory group king mackerel (Atlantic king mackerel). For both Atlantic king mackerel and Atlantic migratory group Spanish mackerel (Atlantic Spanish mackerel), Amendment 34 would revise the landing fish intact provisions for the recreational sector. The purpose of Amendment 34 is to revise the catch limits based on a recent stock assessment and revise sector allocations for Atlantic king mackerel based on the best scientific information available, and to revise management measures for Atlantic king mackerel and Atlantic Spanish mackerel.

This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the National Sea Grant Advisory Board (Board), a Federal Advisory Committee. Board members will discuss and provide advice on the National Sea Grant College Program (Sea Grant) in the areas of program evaluation, strategic planning, education and extension, science and technology programs, and other matters as described in the agenda found on the Sea Grant website. For more information on this Federal Advisory Committee please visit the Federal Advisory Committee database: https://www.facadatabase.gov/FACA/ FACAPublicPage.

Fishery management bodies on the East Coast of the United States are convening a meeting to continue work on an initiative called East Coast Climate Change Scenario Planning. This is a joint effort of the Atlantic States Marine Fisheries Commission, the New England Fishery Management Council, the Mid-Atlantic Fishery Management Council, the South Atlantic Fishery Management Council, and NOAA's National Marine Fisheries Service. See SUPPLEMENTARY INFORMATION for agenda details.

NMFS is issuing regulations under the Tuna Conventions Act of 1950, as amended (TCA), to revise in-season action announcement procedures for the commercial fisheries for Pacific bluefin tuna. This final rule amends procedures to add notice of in-season action by direct emails to the affected public in addition to publication in the Federal Register. In-season actions will be effective upon the earlier of either receipt of the notice by email or publication of the notice in the Federal Register. In-season actions will also be posted on the NMFS website. This rule adds a provision to the in-season action procedures to allow any Pacific bluefin tuna already on board a fishing vessel on the effective date of a notice of in-season action to be retained on board and landed or transshipped within 24 hours of the effective date of the in-season action.

The Secretary of Commerce (Secretary) seeks nominations to fill vacancies on the Marine Fisheries Advisory Committee (MAFAC or Committee). MAFAC is responsible to advise the Secretary, NOAA, and NMFS on all matters concerning living marine resources that are the responsibility of the Department of Commerce. The Committee makes recommendations to assist in the development and implementation of Departmental regulations, policies, and programs critical to the mission and goals of NMFS. Nominations are encouraged from all individuals involved with or representing interests affected by NMFS actions in managing living marine resources. Nominees should possess demonstrable expertise in a field related to the management of living marine resources and be able to fulfill the time commitment required for two annual meetings and year-round subcommittee work. Individuals serve for a term of 3 years for no more than two consecutive terms if re-appointed. NMFS seeks qualified nominees to fill pending vacancies.

This final rule announces routine inseason adjustments to management measures in commercial and recreational groundfish fisheries. This action is intended to allow fishing vessels to access more abundant groundfish stocks while protecting rebuilding stocks.

Notice is hereby given that the Glacier Bay National Park and Preserve (Philip Hooge, Responsible Party), has applied in due form for a permit to conduct research on humpback (Megaptera novaeangliae), killer (Orcinus orca), minke (Balaenoptera acutorostrata), and gray (Eschrichtius robustus) whales.

We, the National Marine Fisheries Service (NMFS), announce the availability of a Draft Endangered Species Act (ESA) Recovery Plan for the threatened oceanic whitetip shark (Carcharhinus longimanus) for public review. We are soliciting review and comment from the public and all interested parties on the Draft Recovery Plan, and will consider all substantive comments received during the review period before submitting the Recovery Plan for final approval.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a renewal IHA to Carnival Corporation & GHD (Carnival) to harass marine mammals incidental to pile driving for the Long Beach Cruise Terminal improvement project at the Port of Long Beach, California.

The NMFS will convene a peer-review of the Gulf of Mexico (GOM) Atlantis ecosystem model, in support of ecosystem-based fishery management in the Gulf of Mexico (GOM) large marine ecosystem. The purpose of the meeting is to facilitate a formal peer-review of the GOM Atlantis ecosystem model, to evaluate the model performance characteristics and to identify any appropriate EBFM applications in the southeast region that the GOM Atlantis model could be used to simulate. The external and independent peer review will be conducted by the Center for Independent Experts (CIE), which is a NOAA-supported, formal scientific peer-review process for evaluating scientific information to ensure quality and credibility. The public is invited to attend the presentations and discussions between the CIE review panel and the scientists who have participated in the development and internal, peer-review of the GOM Atlantis model.

NMFS announces the approval of Amendment 14 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP). Amendment 14 revises the mechanism or ``framework'' used in establishing quotas and related management measures for Atlantic shark fisheries. The revised framework will modify the procedures followed in establishing the acceptable biological catch (ABC) and annual catch limits (ACLs) for Atlantic sharks and the process used to account for carryover or underharvests of quotas. It will also allow the option to phase-in ABC control rules and to adopt multi-year overfishing status determination criteria in some circumstances. Amendment 14 does not make changes to the current quotas or other management measures. Any operational changes to fishery management measures as a result of Amendment 14 would be considered in future rulemakings, as appropriate.

The SEDAR 76 assessment of the South Atlantic stock of Black Sea Bass will consist of a series of assessment webinars. See SUPPLEMENTARY INFORMATION:

Notice is hereby given that Douglas Nowacek, Ph.D., Nicholas School of the Environment, Duke University Marine Laboratory, 135 Duke Marine Lab Rd., Beaufort, NC 28516, has applied for an amendment to Scientific Research Permit No. 22156-02.

NMFS is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2023 total allowable catch of pollock for Statistical Area 610 in the GOA.

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

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

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.

NMFS announces that the Closed Area I Scallop Access Area is closed to Limited Access General Category Individual Fishing Quota scallop vessels for the remainder of the 2022 fishing year. Regulations require this action once it is projected that 100 percent of trips allocated to the Limited Access General Category Individual Fishing Quota scallop vessels for the Closed Area I Scallop Access Area will be taken. This action is intended to prevent the number of trips in the Closed Area I Scallop Access Area from exceeding what is allowed under the Atlantic Sea Scallop Fishery Management Plan.

NOAA proposes to designate the Lake Ontario National Marine Sanctuary (LONMS) in eastern Lake Ontario to recognize the national significance of the area's historical, archaeological, and cultural resources and to manage this special place as part of the National Marine Sanctuary System. The proposed sanctuary boundary would encompass 1,302 nmi\2\ (1,724 mi\2\) of eastern Lake Ontario waters and would border Wayne, Cayuga, Oswego, and Jefferson counties. NOAA would co-manage LONMS with New York State. NOAA also proposes regulations to implement the national marine sanctuary designation and establish its terms of designation. This proposed rule follows NOAA's publication of a draft environmental impact statement (DEIS) and draft management plan (DMP) in July 2021. NOAA is soliciting public comment on the proposed rule, as well as possible names for the sanctuary.

On December 23, 2022, NMFS published a proposed rule, with a 30-day public comment period ending January 23, 2023, in response to Revolution Wind, LLC's (Revolution Wind's) request for regulations and an associated Letter of Authorization (LOA), pursuant to the Marine Mammal Protection Act (MMPA). The proposed regulations would allow for the taking of marine mammals, by Level A harassment and Level B harassment, incidental to the Revolution Wind Offshore Wind Farm Project offshore of Rhode Island. In response to a request, NMFS is announcing an extension of the public comment period by an additional 15 days. The public comment period on the proposed rule is extended from January 23, 2023, to February 7, 2023.

Notice is hereby given that NMFS received an application from the Wiyot Tribe in Loleta, California for modification and renewal of an U.S. Endangered Species Act (ESA) Section 10(a)(1)(A) scientific and enhancement permit (Permit 22270-2R). The purpose of the permit is to enhance the survival of threatened Southern Oregon/Northern California Coast (SONCC) Evolutionary Significant Unit (ESU) of coho salmon (Oncorhynchus kisutch); threatened California Coast (CC) ESU Chinook salmon (O. tshawytscha); and threatened Northern California (NC) Distinct Population Segment (DPS) of steelhead (O. mykiss) by segregating and removing predatory non-native Sacramento River pikeminnow using a variety of techniques. The University of California at Berkeley and Stillwater Sciences are co-investigators on the permit and will assist with implementation of the permit activities. The public is hereby notified that the application for Permit 22270-2R is available for review and comment before NMFS either approves or disapproves the application.

Notice is hereby given that NMFS has received a request to renew an existing scientific research and enhancement permit for white abalone. The proposed work is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management, conservation, and recovery efforts. The application may be viewed online at: https://apps.nmfs.noaa.gov/preview/ preview_open_for_comment.cfm.

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 United States Navy (Navy) to incidentally harass marine mammals incidental to Fuel Pier Inboard Pile Removal Project at Naval Base Point Loma in San Diego Bay, CA.

NMFS announces a U.S. stakeholder meeting open to the public to discuss North Pacific albacore (NPALB) management. This meeting is intended to prepare for potential discussions at the 2023 annual meetings of the Inter-American Tropical Tuna Commission (IATTC) and Western and Central Pacific Fisheries Commission Northern Committee (WCPFC NC) on a harvest strategy for NPALB fisheries. The meeting topics are described under the SUPPLEMENTARY INFORMATION section of this notice.