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

NMFS published a final rule on November 29, 2023, to announce routine inseason adjustments to management measures in commercial and recreational groundfish fisheries for the 2024 fishing year. That rule is intended to allow commercial and recreational fishing vessels to access more abundant groundfish stocks while protecting overfished and depleted stocks. This action corrects the trip limits for the limited entry (LE) fixed gear and open access (OA) fleets for ``Other Flatfish'' (butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole) south of latitude (lat.) 40[deg]10' North (N). This correction is necessary so that the implementing regulations are accurate and implement the action as intended by the Pacific Fishery Management Council (Council). This action also corrects a final rule published on December 1, 2023.

This rule corrects 2024 harvest specifications for several species of groundfish where the numerical values were mathematically calculated incorrectly and do not accurately reflect the harvest policy recommendations of the Pacific Fishery Management Council (Council). These harvest specifications are for groundfish caught in the U.S. exclusive economic zone seaward of Washington, Oregon, and California, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Pacific Coast Groundfish Fishery Management Plan (PCGFMP). This rule revises harvest limits or allocations that were previously calculated based on incorrect annual catch limits (ACLs). This action implements corrected numerical values that align with the Council's intended harvest policy decisions and considers the most recent fishery information available at the time those policies were recommended.

NMFS is reallocating the projected unused amount of Pacific cod from catcher vessels using trawl gear to vessels using jig gear, catcher/processors using trawl gear, and catcher vessels greater than or equal to 50 feet (15.2 meters (m)) length overall using hook-and- line gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to allow the 2023 total allowable catch (TAC) of Pacific cod to be harvested.

NMFS has received a request from the Chesapeake Tunnel Joint Venture (CTJV) for authorization to take marine mammals incidental to the Parallel Thimble Shoal Tunnel Project (PTST) in Virginia Beach, Virginia. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible one-time, 1-year renewal that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision.

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.

The National Oceanic and Atmospheric Administration (NOAA) is soliciting comments from the public regarding a proposed revision of the management plan for the Apalachicola National Estuarine Research Reserve. A management plan provides a framework for the direction and timing of a reserve's programs; allows reserve managers to assess a reserve's success in meeting its goals and to identify any necessary changes in direction; and is used to guide programmatic evaluations of the reserve. Plan revisions are required of each reserve in the National Estuarine Research Reserve System at least every five years. This revised plan is intended to replace the plan approved in 2015.

The North Pacific Fishery Management Council (Council) Scientific and Statistical Committee Subgroup (SSC Subgroup) meeting will be held.

NMFS announces that the State of North Carolina is transferring a portion of its 2023 commercial summer flounder quota to the State of New Jersey. This adjustment to the 2023 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised 2023 commercial quotas for North Carolina and New Jersey.

The Gulf of Mexico Fishery Management Council will hold a 2 day in-person meeting of its Ad Hoc Charter For-hire Data Collection Advisory Panel.

NMFS is adjusting the 2024 total allowable catch (TAC) amounts for the Bering Sea and Aleutian Islands (BSAI) pollock, Atka mackerel, and Pacific cod fisheries. This action is necessary because NMFS has determined these TACs are incorrectly specified, and will ensure the BSAI pollock, Atka mackerel, and Pacific cod TACs are the appropriate amounts based on the best scientific information available. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.

NMFS is adjusting the 2024 total allowable catch (TAC) amounts for the Gulf of Alaska (GOA) pollock and Pacific cod fisheries. This action is necessary because NMFS has determined these TACs are incorrectly specified, and will ensure the GOA pollock and Pacific cod TACs are the appropriate amount based on the best scientific information available for pollock and Pacific cod in the GOA. This action is consistent with the goals and objectives of the Fishery Management Plan (FMP) for Groundfish of the Gulf of Alaska.

NMFS publishes inseason orders to regulate treaty tribal and non-tribal (all citizen) commercial salmon fisheries in United States (U.S.) waters of the Fraser River Panel (Panel) Area. The orders were issued by the (Panel) of the Pacific Salmon Commission (Commission) and subsequently approved and issued by NMFS during 2023 for pink salmon fisheries within the U.S. Panel Area. These orders established fishing dates, times, and areas for the gear types of U.S. treaty tribal and all citizen commercial fisheries during the period the Panel exercised jurisdiction over these fisheries.

We, NMFS, will hold seven public hearings related to our proposed rule to designate critical habitat for five threatened corals in U.S. waters in the Indo-Pacific (Acropora globiceps, Acropora retusa, Acropora speciosa, Euphyllia paradivisa, and Isopora crateriformis) under the Endangered Species Act (ESA).

The North Pacific Fishery Management Council (Council) Bering Sea Aleutian Islands Crab Plan Team (BSAI CPT) will meet January 8, 2024, to January 12, 2024.

The SEDAR 87 assessment process of Gulf of Mexico white, pink, and brown shrimp will consist of a Data Workshop, and a series of assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

Notice is hereby given that Shannon Atkinson, Ph.D., University of Alaska Fairbanks, 17101 Point Lena Loop Road, Juneau, AK 99801 has applied in due form for a permit to import, export, and receive marine mammal parts for scientific research.

NMFS announces 2024 specifications for the summer flounder, scup, and black sea bass fisheries, and projected 2025 specifications for summer flounder and scup. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan require us to publish specifications for the upcoming fishing year for each of these species and to respond to public comments received during the public comment period. This action is intended to inform the public of the specifications for the start of the 2024 fishing year for summer flounder, scup, and black sea bass. A Supplemental Information Report (SIR) was prepared for the 2024 black sea bass specifications. An Environmental Assessment (EA) was prepared for the 2024 and projected 2025 summer flounder and scup specifications.

The National Oceanic and Atmospheric Administration (NOAA) is soliciting applications for membership on the United States Integrated Ocean Observing System Advisory Committee (the Committee), which is a Federal advisory committee. Members of the Committee will fulfill the requirements of the Integrated Coastal and Ocean Observation System (ICOOS) Act of 2009 (the Act). The Committee provides advice to the Under Secretary of Commerce for Oceans and Atmosphere and to the Interagency Ocean Observation Committee on the planning, integrated design, operation, maintenance, enhancement, and expansion of the United States Integrated Ocean Observing System (U.S. IOOS).

The National Oceanic and Atmospheric Administration (NOAA), Office of Marine and Aviation Operations (OMAO) has prepared a draft programmatic environmental assessment (PEA) in accordance with the National Environmental Policy Act of 1969 (NEPA), as amended by the Fiscal Responsibility Act of 2023, to analyze the potential environmental impacts associated with OMAO's ongoing vessel operations as the NOAA fleet is modernized over a 15-year timeframe from 2023 to 2038. The Draft PEA assesses the direct, indirect, and cumulative environmental impacts from OMAO vessel operations while NOAA ships are underway, during which time OMAO conducts training, testing, calibration, and troubleshooting of vessel equipment and instruments in preparation for use by other NOAA Line Offices (LOs) or organizations outside of NOAA. OMAO's Proposed Action in the Draft PEA would ensure that NOAA's current and future fleet is maintained and operated in a safe, environmentally compliant manner, thus allowing NOAA to fulfill its at-sea mission objectives and data collection requirements in marine, coastal, and freshwater environments. The purpose of this NOA is to invite affected government agencies, non-governmental organizations, tribes and tribal organizations, and interested members of the public to participate in the Draft PEA process and provide comments on the structure, contents, and analysis in the Draft PEA. Publication of this document begins the 40-day public comment period for the Draft PEA.

NMFS issues this final temporary rule to promulgate emergency measures, due to recently discovered circumstances that present serious conservation issues for the greater amberjack stock in the Gulf of Mexico (Gulf). As requested by the Gulf of Mexico Fishery Management Council (Council), NMFS issues this final temporary rule to reduce the Gulf greater amberjack commercial trip limit. The final temporary rule will be effective for 180 days unless superseded by subsequent rulemaking. The purpose of this emergency action is to decrease the likelihood of exceeding the commercial catch limits and extend the 2024 commercial fishing season.

Free Atlantic Shark Identification Workshops and Safe Handling, Release, and Identification Workshops will be held in January, February, and March of 2024. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and to maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and who have also been issued shark or swordfish limited access permits. Additional free workshops will be conducted in 2024 and will be announced in a future notice. In addition, NMFS has implemented online recertification workshops for persons who have already taken an in-person training.

NMFS is implementing allowable harvest levels and harvest reference points, including the overfishing limit, acceptable biological catch, and annual catch limit, for Pacific mackerel in the exclusive economic zone off the U.S. West Coast (California, Oregon, and Washington) for the fishing seasons 2023-2024 and 2024-2025. The allowable harvest levels include a harvest guideline and annual catch target for the 2023-2024 fishing season of 7,871 metric tons (mt) and 6,871 mt, respectively and a harvest guideline and annual catch target for the 2024-2025 fishing season of 8,943 mt and 7,943 mt, respectively. If the fishery attains the annual catch target in either fishing season, the directed fishery will close, reserving the 1,000-mt difference between the harvest guideline and annual catch target as a set-aside for incidental landings in other Coastal Pelagic Species fisheries and other sources of mortality. This final rule is made pursuant to the Coastal Pelagic Species Fishery Management Plan and is intended to conserve and manage the Pacific mackerel stock off the U.S. West Coast.

This action provides participants in the Pacific Coast Groundfish Trawl Rationalization Program with the 2024 cost recovery fee percentages and the average mothership (MS) price per pound to be used in the catcher/processor (C/P) Co-operative (Co-op) program to calculate the fee amount for the upcoming calendar year. For the 2024 calendar year, NMFS announces the following fee percentages by sector specific program: 3 percent for the Shorebased Individual Fishing Quota (IFQ) Program; 0.1 percent for the C/P Co-op Program; and 1.8 percent for the MS Co-op Program. For 2024, the MS pricing to be used as a proxy by the C/P Co-op Program is $0.11 per pound for Pacific whiting.