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

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given the NMFS has issued an incidental harassment authorization (IHA) to Chevron Products Company (Chevron) to incidentally harass, by Level B harassment only, marine mammals during construction activities associated with the Long Wharf Maintenance and Efficiency Project (LWMEP) in San Francisco Bay, California.

We are announcing 2023 fishing opportunities in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area. This action is necessary to make fishing privileges in the NAFO Regulatory Area available on an equitable basis to the extent possible. The intended effect of this notice is to alert U.S. fishing vessels of the NAFO fishing opportunities for yellowtail flounder, redfish, and Illex squid, to relay the available quotas available to U.S. participants, and to outline the process and requirements for vessels to apply to participate in the 2023 NAFO fishery.

NMFS proposes to implement annual harvest specifications and management measures for the northern subpopulation of Pacific sardine (hereafter, Pacific sardine), for the fishing year from July 1, 2023, through June 30, 2024. The proposed action would prohibit most directed commercial fishing for Pacific sardine off the coasts of Washington, Oregon, and California. Pacific sardine harvest would be allowed only for use as live bait, in minor directed fisheries, as incidental catch in other fisheries, or as authorized under exempted fishing permits. The incidental harvest of Pacific sardine would be limited to 20 percent by weight of all fish per trip when caught with other stocks managed under the Coastal Pelagic Species Fishery Management Plan, or up to 2 metric tons per trip when caught with non-Coastal Pelagic Species stocks. The proposed annual catch limit for the 2023-2024 Pacific sardine fishing year is 3,953 metric tons. This proposed rule is intended to conserve, manage, and rebuild the Pacific sardine stock off the U.S. West Coast.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Monkfish Research Set-Aside (RSA) Working Group 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 New England Fishery Management Council is convening an ad- hoc sub-panel of its Scientific and Statistical Committee (SSC) 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 is implementing a 2,000-lb (907.2-kg) possession limit for Atlantic herring for Management Area 3. This is required because NMFS projects that herring catch from Area 3 will reach 98 percent of the Area's sub-annual catch limit before the end of the fishing year. This action is intended to prevent overharvest of herring in Area 3, which would result in additional catch limit reductions in a subsequent year.

The MAFMC will hold a public joint meeting (webinar) of its Mackerel, Squid, and Butterfish (MSB) Committee and Advisory Panel to consider potential alternatives for a framework adjustment to the MSB Fishery Management Plan that could implement a volumetric vessel hold baseline requirement and vessel hold upgrade restriction for Illex limited access permits.

NMFS is publishing this ANPR to alert the public of potential future adjustments the agency may make to the implementing guidelines for National Standards 4, 8, or 9, of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). Several ongoing fishing management challenges, including changes in environmental conditions, shifting distributions of fish stocks, and equity and environmental justice considerations that affect fishing communities that are currently or have been historically dependent on the resource, suggest a need to revisit the guidelines to ensure they remain appropriate for current U.S. fisheries management. The intent of this notice is to provide the public with background on some of the specific issues under consideration, seek specific input, and provide a general opportunity for comment. NMFS will take public comment into consideration when it decides whether or not to propose changes to the guidelines for National Standards 4, 8, or 9.

The National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management, will hold an in-person public meeting to solicit input on the performance evaluation of the Heeia National Estuarine Research Reserve. NOAA also invites the public to submit written comments.

In this advance notice of proposed rulemaking, NMFS is considering management options to modify or expand reporting requirements for Atlantic highly migratory species (HMS). All HMS reporting would require electronic submission using an online or mobile reporting application. Specific to commercial vessel reporting, NMFS is considering options for electronic submission of information required on the existing, paper logbooks, as well as a logbook requirement for owners of vessels with Atlantic Tunas General category permits, Atlantic Tunas Harpoon category permits, and/or Swordfish General Commercial permits. Specific to recreational vessel reporting, NMFS is considering a logbook requirement for owners of HMS Charter/Headboat permitted vessels, as well as expanding HMS Angling permit reporting requirements. NMFS is also considering measures to encourage reporting compliance for vessel owners with HMS open access permits. Specific to dealer reporting, NMFS is considering requiring dealers to enter certain fish individually in their dealer reporting programs and a technical change in bluefin tuna (BFT) reporting requirements. Finally, specific to the HMS Exempted Fishing Permit (EFP) Program, NMFS is considering offering an electronic reporting platform, as well as some technical changes to reporting requirements.

Under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act), NMFS issues this final rule establishing fish aggregating device (FAD) design requirements, International Maritime Organization (IMO) number requirements, and bycatch restrictions for sharks and rays. This action is necessary to satisfy the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.

NMFS closes the Angling category Gulf of Mexico incidental fishery for large medium and giant (``trophy'' (i.e., measuring 73 inches (185 cm) curved fork length or greater)) Atlantic bluefin tuna (BFT). This action applies to Highly Migratory Species (HMS) Angling and HMS Charter/Headboat permitted vessels when fishing recreationally.

NMFS issues this proposed rule to revise regulations for the commercial individual fishing quota (IFQ) Pacific halibut (halibut) fisheries for 2023 through 2027. This proposed rule would remove limits on the maximum amount of halibut IFQ that may be harvested by a vessel, commonly known as vessel use caps, in IFQ Regulatory Areas 4A (Eastern Aleutian Islands), 4B (Central and Western Aleutian Islands), 4C (Central Bering Sea), and 4D (Eastern Bering Sea). This action is needed to continue to provide additional flexibility and stability to IFQ participants in Areas 4A, 4B, 4C, and 4D while a longer term modification of vessel use caps is considered. This action is intended to promote the goals and objectives of the IFQ Program, the Northern Pacific Halibut Act of 1982 (Halibut Act), and other applicable laws.

The New England Fishery Management Council is convening an ad- hoc sub-panel of its Scientific and Statistical Committee (SSC) 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 North Pacific Fishery Management Council's (Council) Bering Sea Fishery Ecosystem Plan Local Knowledge, Traditional Knowledge, and Subsistence Taskforce (LKTKS) meeting will be held on June 22, 2023.

The Pacific Fishery Management Council's (Pacific Council) Ecosystem Advisory Subpanel (EAS) will hold an online meeting, which is open to the public.

The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) (the Federal agencies) invite public comment on the Federal agencies' proposed finding that Michigan has satisfied all conditions the agencies established as part of their 1997 approval of the state's coastal nonpoint pollution control program (coastal nonpoint program). The Coastal Zone Act Reauthorization Amendments (CZARA) directs states and territories with coastal zone management programs previously approved under section 306 of the Coastal Zone Management Act to develop and implement coastal nonpoint programs, which must be submitted to the Federal agencies for approval. Prior to making such a finding, NOAA and the EPA invite public input on the two Federal agencies' rationale for this proposed finding.

NMFS issues 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 final rule revises 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 final rule revises the landing fish intact provisions for the recreational sector. In addition, for Atlantic king mackerel, Amendment 34 revises the acceptable biological catch (ABC) and annual optimum yield (OY). The purpose of this final rule and Amendment 34 is to revise the catch limits based on a recent stock assessment and the best scientific information available, and to revise management measures for Atlantic king and Spanish mackerel.

This rule implements 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 rule establishes a limited entry (LE) permitting regime for use of DSBG in the Southern California Bight (SCB). DSBG fishing will 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 will not be permitted in Federal waters off of Washington. This final rule includes definitions for two configurations of DSBG standard and linkedand specifies the LE management area, permitting process, and requirements for use of the gear.

NMFS announces the availability of the scoping document for Amendment 16 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) (Amendment 16) and its intent to prepare an EIS under the National Environmental Policy Act (NEPA). Based on the mechanism used in establishing shark quotas and related management measures from Amendment 14 to the 2006 Consolidated HMS FMP (Amendment 14), Amendment 16 would modify the acceptable biological catch (ABC) and annual catch limits (ACLs) for Atlantic sharks and the process used to account for carryover of underharvests of quotas. In the scoping document, NMFS considers changes to commercial and recreational shark management measures related to commercial and recreational quotas, management groups, retention limits, and size limits. NMFS expects to consider the comments received on the scoping document when developing Amendment 16.

NMFS proposes to revise its Antarctic Marine Living Resources Convention Act regulations, including those that implement the trade- monitoring program for frozen and fresh Dissostichus species, commonly marketed or referred to as Chilean seabass or Patagonian toothfish. Specifically, this action would: revise regulations that specify the circumstances under which NMFS would deny issuance of a preapproval certificate that is required to legally import frozen Dissostichus species; add regulations that specify the circumstances under which NMFS would deny issuance of a re-export or export document that is required to legally re-export or export both frozen and fresh Dissostichus species; clarify that the applicable authorization must be received prior to re-export or export; and remove the prohibition on the importation of toothfish harvested from the Food and Agriculture Organization of the United Nations (FAO) Statistical Areas 51 and 57. NMFS also proposes other non-substantive technical and procedural updates.

This proposed rule would implement Draft Amendment 15 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) (Amendment 15). NMFS is proposing changes to Atlantic HMS fishery management measures regarding four commercial longline spatial management areas and the administration and funding of the HMS pelagic longline electronic monitoring (EM) program. Specifically, NMFS proposes to modify the timing and boundaries of the Mid-Atlantic shark, Charleston Bump, East Florida Coast, and DeSoto Canyon closed areas to create low- and/or high-bycatch risk areas. Lastly, NMFS proposes to implement a cost allocation program to transition electronic monitoring sampling costs to the industry, while NMFS remains responsible for administrative costs. These proposed changes would directly impact bottom and pelagic longline fishermen who hold Atlantic HMS fishing permits, and HMS commercial fishermen who use other gear types and HMS recreational fishermen may also be indirectly impacted given the proposed changes to the existing closed areas.

NMFS has received a request from the Virginia Electric and Power Company, doing business as Dominion Energy Virginia (Dominion Energy), for Incidental Take Regulations (ITR) and an associated Letter of Authorization (LOA) pursuant to the Marine Mammal Protection Act (MMPA). The requested regulations would govern the authorization of take, by Level A harassment and Level B harassment, of small numbers of marine mammals over the course of 5 years (2024-2029) incidental to construction of the Coastal Virginia Offshore Wind Commercial (CVOW-C) project offshore of Virginia within the Bureau of Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS) Lease Area OCS- A 0483 (Lease Area) and associated Export Cable Routes. Project activities likely to result in incidental take include pile driving activities (impact and vibratory) and site assessment surveys using high-resolution geophysical (HRG) equipment. NMFS requests comments on its proposed rule. NMFS will consider public comments prior to making any final decision on the promulgation of the requested ITR and issuance of the LOA; agency responses to public comments will be summarized in the final notice of our decision. The proposed regulations, if promulgated, would be effective February 5, 2024, through February 4, 2029.

NMFS has determined, based on consideration of the regulatory determination criteria regarding inseason adjustments, that the Atlantic bluefin tuna (BFT) daily retention limit that applies to Highly Migratory Species (HMS) Angling and HMS Charter/Headboat permitted vessels (when fishing recreationally for BFT) should be adjusted for the remainder of 2023. NMFS is adjusting the Angling category BFT daily retention limit from the default of one school, large school, or small medium BFT to: two school BFT and one large school/small medium BFT per vessel per day/trip for private vessels with HMS Angling permits; three school BFT and one large school/small medium BFT per vessel per day/trip for charter boat vessels with HMS Charter/Headboat permits when fishing recreationally; and six school BFT and two large school/small medium BFT per vessel per day/trip for headboat vessels with HMS Charter/Headboat permits when fishing recreationally. These retention limits are effective in all areas, except for the Gulf of Mexico, where targeted fishing for BFT is prohibited.