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

This rule implements the domestic 2023 harvest specifications for Pacific whiting including the 2023 tribal allocation for the Pacific whiting fishery, the non-tribal sector allocations, and a set- aside for incidental mortality in research activities and non- groundfish fisheries. NMFS issues this final rule for the 2023 Pacific whiting fishery under the authority of the Pacific Coast Groundfish Fishery Management Plan, the Magnuson-Stevens Fishery Conservation and Management Act, the Pacific Whiting Act of 2006, and other applicable laws. These measures are intended to help prevent overfishing, achieve optimum yield, ensure that management measures are based on the best scientific information available, and provide for the implementation of tribal treaty fishing rights.

NMFS is prohibiting retention of Pacific cod by vessels using jig gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2023 total allowable catch of Pacific cod apportioned to vessels using jig gear in the Central Regulatory Area of the GOA has been reached.

The Pacific Fishery Management Council's (Pacific Council) Ad Hoc Groundfish Electronic Monitoring Policy Advisory and Technical Advisory Committees (GEMPAC/TAC) will hold an online meeting, which is open to the public.

NMFS proposes regulations to implement Amendment 51 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). For snowy grouper, this proposed rule would revise the sector annual catch limits (ACLs), commercial seasonal quotas, recreational fishing season, and recreational accountability measures (AMs). In addition, Amendment 51 would revise the acceptable biological catch (ABC), annual optimum yield (OY), and sector allocations of the total ACL. The purpose of this proposed rule and Amendment 51 is to end overfishing of snowy grouper, rebuild the stock, and achieve OY while minimizing, to the extent practicable, adverse social and economic effects.

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 Jobos Bay National Estuarine Research Reserve. NOAA also invites the public to submit written comments.

NMFS is holding a public meeting via webinar session for the Advisory Committee to the U.S. Section to the International Commission for the Conservation of Atlantic Tunas (ICCAT) and all interested stakeholders to receive an update and provide input on the development of the management strategy evaluation (MSE) for North Atlantic swordfish.

NMFS announces approval of a Marine Conservation Plan (MCP) for Pacific Insular Areas other than American Samoa, Guam, and the Northern Mariana Islands.

The Pacific Fishery Management Council's (Pacific Council) Highly Migratory Species Advisory Subpanel (HMSAS) is holding an online meeting, which is open to the public.

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

Notice is hereby given of a virtual meeting of the U. S. Integrated Ocean Observing System (IOOS[supreg]) Advisory Committee (Committee). The meeting is open to the public and an opportunity for oral and written comments will be provided.

The Western Pacific Fishery Management Council (Council) will hold its 148th Scientific and Statistical Committee (SSC) and its 195th Council meeting to take actions on fishery management issues in the Western Pacific Region. The Council will also hold meetings of the following advisory groups and standing committees: American Samoa Advisory Panel (AP); Fishing Industry Advisory Committee (FIAC); American Samoa Regional Ecosystem Advisory Committee (REAC); American Samoa Standing Committee (SC); and Executive and Budget SC.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Skate 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 Western Pacific Fishery Management Council (Council) will hold meetings of its Federal Data Coordination and Research Committee Technical Committee data subpanel (FDCRC-TC), Federal Data Coordination and Research Committee (FDCRC), and Non-commercial Fisheries Advisory Committee (NCFAC) to discuss and make recommendations on fishery management issues in the Western Pacific Region.

The Mid-Atlantic Fishery Management Council's Summer Flounder, Scup, and Black Sea Bass Advisory Panel will hold a public meeting, jointly with the Atlantic States Marine Fisheries Commission's Summer Flounder, Scup and Black Sea Bass Advisory Panel.

We (NMFS) announce a positive 90-day finding on a petition to list the smalltail shark (Carcharhinus porosus) as threatened or endangered under the Endangered Species Act (ESA). The petitioner also requests that we designate critical habitat. We find that the petition and information readily available in our files present substantial scientific or commercial information indicating that listing the smalltail shark as threatened or endangered may be warranted. Therefore, we are commencing a review of the status of the smalltail shark to determine whether listing under the ESA is warranted. To support a comprehensive status review, we are soliciting scientific and commercial data regarding this species.

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

The North Pacific Fishery Management Council (Council) and its advisory committees will meet June 5, 2023 through June 11, 2023, in Sitka, AK.

The South Atlantic Fishery Management Council (Council) submitted Amendment 51 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, Amendment 51 to the FMP would revise the catch limits for snowy grouper and the associated sector harvest allocations. In addition, Amendment 51 would revise the commercial seasonal quotas, recreational fishing season, and recreational accountability measures (AMs). The purpose of Amendment 51 is to end overfishing of snowy grouper, rebuild the stock, and achieve optimum yield (OY) while minimizing, to the extent practicable, adverse social and economic effects.

NMFS announces the 2023 recreational fishing season for the Federal charter vessel/headboat (for-hire) component for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. The red snapper recreational for-hire component in the Gulf EEZ opens on June 1, 2023, and will close at 12:01 a.m., local time, on August 25, 2023. This closure is necessary to prevent the Federal for-hire component from exceeding its quota and to prevent overfishing of the Gulf red snapper resource.

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

In accordance with the National Marine Sanctuaries Act (NMSA) and National Environmental Policy Act (NEPA), and based on the area's qualities and boundaries described in the community-based nomination on December 31, 2015 (https://nominate.noaa.gov/), NOAA is initiating a scoping process to consider designating a national marine sanctuary in the eastern Lake Erie adjacent to Pennsylvania. The nomination provides a description of the cultural and historical resources in the region, the potential benefits of a national marine sanctuary designation, recommendations for management of the sanctuary, and a proposed sanctuary boundary. As a first step in this scoping process, NOAA invites comments on the factors that will contribute to its determination of whether and how to designate the area as a national marine sanctuary. The results of this scoping process will inform NOAA's next steps in the designation process, which would include the preparation and release of draft designation documents, as well as the formulation of action alternatives for the draft environmental impact statement (DEIS). This scoping process will also inform the initiation of consultations with Indigenous Nations and Tribes, Federal, State, and local agencies, and other interested parties, as appropriate. In support of the scoping process, the nomination package and additional information regarding the qualities of the Lake Erie Quadrangle area can be found at https://sanctuaries.noaa.gov/lake-erie.

The Regional Administrator, West Coast Region, NMFS, has made a preliminary determination that two Exempted Fishing Permit (EFP) applications warrant further consideration. Both applications are from the California Wetfish Producers Association and request an exemption from the expected prohibition on primary directed fishing for Pacific sardine during the 2023-2024 fishing year to collect Pacific sardine as part of industry-based scientific research. NMFS requests public comment on the applications.

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 SouthCoast Wind Energy, LLC (SouthCoast Wind; formerly known as Mayflower Wind Energy, LLC) to incidentally harass marine mammals during marine site characterization surveys off Massachusetts and Rhode Island.

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

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 the Bureau of Land Management (BLM) for authorization to incidentally harass marine mammals during construction activities associated with Phase 2 of the Punta Gorda Lighthouse (PGL) Stabilization Project in Humboldt County, California.