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

NMFS proposes regulations to implement Amendment 34 to the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and Atlantic Region (CMP FMP) (Amendment 34), as prepared and submitted by the South Atlantic Fishery Management Council (South Atlantic Council) and the Gulf of Mexico Fishery Management Council (Gulf Council). For Atlantic migratory group king mackerel (Atlantic king mackerel), this proposed rule would revise the stock and sector annual catch limits (ACL), and the recreational bag and possession limits off the east coast of Florida. For both Atlantic king mackerel and Atlantic migratory group Spanish mackerel (Atlantic Spanish mackerel), this proposed rule would revise the landing fish intact provisions for the recreational sector. In addition, for Atlantic king mackerel, Amendment 34 would revise the acceptable biological catch (ABC), annual optimum yield (OY), and sector allocations. The purpose of this proposed rule and 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 and Spanish mackerel.

NMFS issues a proposed rule to implement Amendment 122 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI). Amendment 122 would establish the Pacific Cod Trawl Cooperative Program (PCTC Program or Program) to allocate Pacific cod harvest quota to qualifying groundfish License Limitation Program (LLP) license holders and qualifying processors. The PCTC Program would be a limited access privilege program (LAPP) for the harvest of Pacific cod in the BSAI trawl catcher vessel (CV) sector. This proposed action is necessary to increase the value of the fishery, minimize bycatch to the extent practicable, provide for the sustained participation of fishery-dependent communities, ensure the sustainability and viability of the resource, and promote safety and stability in the harvesting and processing sectors. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the BSAI FMP, and other applicable law.

Notice is hereby given that WSP Wild Water Productions Limited, St Stephen's Avenue, Bristol, BS1 1YL, United Kingdom, (Responsible Party: Joanna Barwick) has applied in due form for a permit to conduct commercial and educational photography on marine mammals.

The Center of Independent Experts (CIE) review of the Ecosystem Status Reports will be held February 28, 2023, through March 2, 2023.

NMFS notifies the public of the aboriginal subsistence whaling quota for bowhead whales assigned to the Alaska Eskimo Whaling Commission (AEWC), and of limitations on the use of the quota deriving from regulations of the International Whaling Commission (IWC). For 2023, the quota is 93 bowhead whales struck. This quota and other applicable limitations govern the harvest of bowhead whales by whaling captains of the AEWC.

The Pacific Fishery Management Council's (Council) Ad Hoc Ecosystem Workgroup (EWG) will hold a meeting, which is open to the public.

The National Marine Fisheries Service (NMFS) has incorporated public comments on the draft revisions to the Guidelines for Preparing Stock Assessment Reports Pursuant to the Marine Mammal Protection Act (NMFS Procedural Directive) and is now finalizing the revisions and making them available to the public.

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

The Ecosystem and Ocean Planning (EOP) Committee and Advisory Panel (AP) of the Mid-Atlantic Fishery Management Council (Council) will hold a joint meeting. See SUPPLEMENTARY INFORMATION for agenda details.

In accordance with the Oil Pollution Act of 1990 (OPA) and the National Environmental Policy Act of 1969 (NEPA), the Deepwater Horizon Oil Spill Final Programmatic Damage Assessment Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS), Record of Decision and Consent Decree, notice is hereby given that the Federal and State natural resource trustee agencies for the Louisiana Trustee Implementation Group (Louisiana TIG) have issued a Record of Decision (ROD) for the Louisiana Trustee Implementation Group Final Phase II Restoration Plan #3.2: Mid-Barataria Sediment Diversion Project (Final Phase II RP #3.2) and accompanying NEPA analysis, as adopted, in the Final Environmental Impact Statement for the Proposed Mid Barataria Sediment Diversion Project, Plaquemines Parish (MBSD FEIS). The ROD sets forth the basis for the Louisiana TIG's OPA Natural Resources Damage Assessment (NRDA) decision to fund and implement the 75,000 cubic feet per second (cfs) capacity Mid-Barataria Sediment Diversion Project. This restoration will continue the process of restoring natural resources and services injured or lost resulting from the Deepwater Horizon (DWH) oil spill of 2010. The purpose of this notice is to inform the public of the availability of the Louisiana TIG's ROD for its combined OPA NRDA and NEPA decision.

This proposed rule would implement Amendment 6 to the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP), which authorizes deep-set buoy gear (DSBG) as a legal gear type for targeting swordfish and catching other highly migratory species (HMS) off the U.S. West Coast. The proposed rule would establish a limited entry (LE) permitting regime for use of DSBG in the Southern California Bight (SCB). DSBG fishing would be permitted on an open-access basis outside of the SCB, in Federal waters off of California and Oregon, for all vessels possessing a general HMS permit with a DSBG endorsement. DSBG fishing would not be permitted in Federal waters off of Washington. This proposed rule includes definitions for two configurations of DSBGstandard and linkedand specifies the LE management area, permitting process, and requirements for use of the gear.

NMFS reduces the commercial trip limit for the Atlantic migratory group of Spanish mackerel in the southern zone of the Atlantic exclusive economic zone (EEZ) to 1,500 lb (680 kg) in round or gutted weight per day. This commercial trip limit reduction is necessary to increase the socioeconomic benefits of the fishery.

Notice is hereby given that the Institute for Marine Sciences, 115 McAllister Way, Ocean Health Building, Santa Cruz, CA 95060 (Responsible Party: Logan Pallin, Ph.D.) has applied in due form for a permit to conduct scientific research on marine mammal parts.

NMFS is extending a temporary emergency rule to prohibit trap/ pot fishery buoy lines between federal and state waters within the Massachusetts Restricted Area (MRA) from February through April 2023 to reduce the incidental mortality and serious injury of North Atlantic right whales (Eubalaena glacialis) in commercial lobster and Jonah crab trap/pot fisheries. This emergency rule extension is necessary to reduce the risk of right whale mortality and serious injury caused by buoy lines in an area with a high co-occurrence of whales and buoy lines.

The Pacific Fishery Management Council's (Pacific Council) will convene a webinar meeting of its Groundfish Management Team (GMT) to discuss items on the Pacific Council's March 2023 meeting agenda. This meeting is open to the public.

The Western Pacific Fishery Management Council (Council) and NMFS will convene a Western Pacific Stock Assessment Review (WPSAR) on a benchmark stock assessment of American Samoa Bottomfish Management Unit Species (BMUS).

Notice is hereby given that the Georgia Department of Natural Resources, 2070 U.S. Highway 278 Southeast, Social Circle, GA 30025 (Responsible Party: Jonathan Ambrose) has applied in due form for a permit to conduct research on cetaceans.

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit (EFP) application contains all of the required information and warrants further consideration. The EFP would allow federally permitted fishing vessels to fish outside fishery regulations in support of exempted fishing activities proposed by the applicant. 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 EFPs.

This action implements approved measures for Amendment 23 to the Mackerel, Squid, and Butterfish Fishery Management Plan. Amendment 23 was developed by the Mid-Atlantic Fishery Management Council to establish a revised Atlantic mackerel rebuilding plan, set the 2023 Atlantic mackerel specifications including a river herring and shad catch cap for the Atlantic mackerel fishery, establish a recreational possession limit, and modify in-season closure measures. This action is necessary to prevent overfishing and rebuild the Atlantic mackerel stock based on a 2021 management track assessment that found that Atlantic mackerel stock remains overfished and overfishing is occurring. Amendment 23 is intended to ensure that Atlantic mackerel are sustainably managed to achieve optimum yield on a continuing basis. Additionally, this action approves the updated management goals and objectives of the Mackerel, Squid, and Butterfish Fishery Management Plan with the purpose of ensuring that management continues to reflect and address the current needs and condition of the mackerel, squid, and butterfish fisheries.