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

The South Atlantic Fishery Management Council (Council) will hold three webinar public hearings pertaining to the Comprehensive Amendment Addressing Electronic Reporting for Commercial Vessels. The amendment is being developed jointly with the Gulf of Mexico Fishery Management Council to modify reporting for commercial fishing vessels issued South Atlantic or Gulf of Mexico permits and currently reporting through the Southeast Coastal Logbook program (Gulf Reef Fish, South Atlantic Snapper Grouper, Atlantic Dolphin and Wahoo, and Coastal Migratory Pelagic Resources of the Gulf and Atlantic), to require that the reports be submitted electronically. It is anticipated that this change will improve the timeliness and efficiency of the commercial logbook data collection and management program, which will improve monitoring and compliance of federally permitted commercial vessels participating in the Southeast Coastal Logbook program.

On January 26, 2021, the White House issued a Presidential Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships that reaffirmed the Executive order on Consultation and Coordination with Indian Tribal Governments (2000). In response, NOAA sought review and comment on its Tribal consultation policy and procedures in November 2021. NOAA revised its Consultation Handbook describing procedures for government-to-government consultation with federally recognized Indian tribes, and updated an associated NOAA Administrative Order (NAO 218-8) and the Indigenous Knowledge (IK) guidance.

NMFS proposes regulatory changes to revise the monitoring requirements for pot gear catcher/processors (CPs) participating in Bering Sea/Aleutian Islands (BSAI) groundfish fisheries. This action is needed to address management challenges created by observer data collection errors that have impacted catch estimates. This action would improve observer data collection by requiring participants to carry a Level 2 observer and comply with pre-cruise meeting notifications, and by requiring certification and testing standards for participants choosing any of the following voluntary monitoring options: providing observer sampling stations, installing motion-compensated platform and flow scales, and carrying additional observers on the vessel. Additionally, this action would change the location of existing monitoring regulations for longline CPs and halibut deck sorting by moving them under a single, new subpart within the regulations. This action promotes the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Fishery Management Plan (FMP) for Groundfish of the BSAI Management Area, and other applicable laws.

Notice is hereby given that the University of Massachusetts Dartmouth School for Marine Science and Technology has applied in due form for a permit pursuant to the Endangered Species Act of 1973, as amended (ESA). The permit application is for the incidental take of ESA-listed sturgeon and sea turtles associated with the otherwise lawful fisheries survey activities within and adjacent to the Massachusetts/Rhode Island Wind Energy Area. NMFS is furnishing this notice in order to allow other agencies and the public an opportunity to review and comment on the application materials. All comments received will become part of the public record and will be available for review.

NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Dr. Max Lee, Mote Marine Laboratory and Aquarium (Mote), Center for Fisheries Electronic Monitoring, Sarasota, Florida. If granted, the EFP would allow the retention of a limited number of undersized red grouper in Gulf of Mexico (Gulf) Federal waters by three federally permitted commercial reef fish bottom longline vessels. The results from this EFP are expected assist in Federal fishery management decisions.

Notice is hereby given that Christopher Marshall, Ph.D., Texas A&M University, 200 Seawolf Parkway, Building 3029, Room 253, Galveston, TX 77553, has applied in due form for a permit to take Kemp's ridley (Lepidochelys kempii), green (Chelonia mydas), loggerhead (Caretta caretta), and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

This final rule announces approval of and implements Amendment 20 to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). Amendment 20 removes management category terminology from use in the FMP, but does not revise the manner in which the CPS stocks are managed. The Pacific Fishery Management Council (Council) recommended Amendment 20 for clarity and consistency with other Council FMPs. This final rule removes the definition for ``Actively Managed Species'' and a reference to ``monitored stocks'' from Federal regulations. Because this action does not change the manner in which CPS stocks are managed, this action is administrative in nature.

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 Marine Fisheries Service, Office of Sustainable Fisheries, will host an interim session of the Council Coordination Committee (CCC), consisting of the Regional Fishery Management Council chairs, vice chairs, and executive directors, on July 17, 2023. The intent of this virtual meeting is to discuss priorities and process for distributing funds provided under the Inflation Reduction Act (IRA) to the Councils for climate-ready fisheries and to describe the agencies planned investment in various scientific data collection, processing, and analysis efforts with IRA funds.

NMFS has received a request from the San Francisco Bay Area Water Emergency Transportation Authority (WETA) for authorization to take marine mammals incidental to the refurbishment of the Alameda Main Street Ferry Terminal in Alameda, California. 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, one-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 MAFMC will hold a public meeting (webinar) of its Mackerel, Squid, and Butterfish (MSB) Advisory Panel. See SUPPLEMENTARY INFORMATION for agenda details.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Monkfish Research Set-Aside 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 Mid-Atlantic and New England Fishery Management Councils will hold a public meeting of their joint Northeast Trawl Advisory Panel.

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 Attentive Energy LLC (AE) to incidentally harass marine mammals during marine site characterization surveys off of New York and New Jersey in the New York Bight.

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 the Office of Management and Budget (OMB).

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 Office of Management and Budget (OMB).

NMFS has received a request from Atlantic Shores Offshore Wind Bight, LLC (Atlantic Shores) for authorization to take marine mammals incidental to marine site characterization surveys offshore of New Jersey and New York in 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 0541 and associated export cable route (ECR) area. NMFS is requesting comments on its proposal to issue an incidental harassment authorization 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 the 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 MAFMC will hold a public joint meeting (webinar) of its River Herring and Shad (RH/S) Committee and Advisory Panel to review recent RH/S developments and develop recommendations for the MAFMC, including for the Atlantic mackerel fishery's RH/S cap.

The SEDAR 87 assessment process of U.S. Caribbean yellowtail snapper and stoplight parrotfish will consist of a Data Workshop, and a series of assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

The Caribbean Fishery Management Council's (Council) Outreach and Education Advisory Panel (OEAP) will hold a public hybrid meeting to address the items contained in the tentative agenda included in the SUPPLEMENTARY INFORMATION.

The Mid-Atlantic Fishery Management Council's (Council) Scientific and Statistical Committee (SSC) will hold a meeting.

NMFS is implementing harvest specifications and management measures for the 2023 non-tribal directed commercial Pacific halibut fishery that operates south of Point Chehalis, WA (46[deg]53.30' N lat.) in the International Pacific Halibut Commission's regulatory Area 2A off Washington, Oregon, and California. Specifically, this final rule establishes directed commercial fishing periods and fishing period catch limits by vessel size class for the 2023 fishing season. These actions are intended to conserve Pacific halibut and provide fishing opportunity where available.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, its implementing regulations, and NMFS' MMPA Regulations for Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, notification is hereby given that a Letter of Authorization (LOA) has been issued to Murphy Exploration and Production Company (Murphy) for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico.

This action corrects an inadvertent drafting error in final regulations published in the Federal Register on February 27, 2023, and effective on February 27, 2023. NMFS is correcting regulations to revise the date after which only an eligible community resident of Adak, Alaska may receive by transfer any individual fishing quota (IFQ) held by a community quota entity (CQE) in the Aleutian Islands subarea. In the final rule published on February 27, 2023, NMFS intended to extend by five years the date after which only an eligible community resident of Adak, AK may use or receive by transfer CQE IFQ. This action completes the removal of the Adak CQE residency requirement for a period of five years.