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

NMFS proposes to implement management measures described in Amendment 54 to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Gulf) (Amendment 54), as prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule and Amendment 54 would revise Gulf greater amberjack sector allocations and catch limits. The purposes of this proposed rule and Amendment 54 are to end overfishing of Gulf greater amberjack and to update catch limits to be consistent with the best scientific information available.

The North Pacific Fishery Management Council (Council) Pacific Northwest Crab Industry Advisory Committee (PNCIAC) will meet March 29, 2023.

The New England Fishery Management Council (Council) is scheduling a public webinar of its Scallop Committee 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 announces a public meeting to discuss development of a long-term harvest strategy for Pacific bluefin tuna (PBF). This meeting is intended to prepare for potential discussions at the 2023 meeting of the Joint Inter-American Tropical Tuna Commission (IATTC)Western and Central Pacific Fisheries Commission (WCPFC) Northern Committee (NC) Working Group on a long-term harvest strategy for PBF fisheries across the Pacific Ocean. The meeting topics are described under the SUPPLEMENTARY INFORMATION section of this notice.

NMFS is opening directed fishing for sablefish with fixed gear managed under the Individual Fishing Quota (IFQ) Program and the Community Development Quota (CDQ) Program. The season will open 1200 hours, Alaska local time (A.l.t.), March 10, 2023, and will close 1200 hours, A.l.t., December 7, 2023. This period is the same as the 2023 commercial halibut fishery opening dates adopted by the International Pacific Halibut Commission. The IFQ and CDQ halibut season is specified by a separate publication in the Federal Register of annual management measures.

This action implements Framework Adjustment 17 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan and Framework Adjustment 6 to the Bluefish Fishery Management Plan. This framework was developed by the Mid-Atlantic Fishery Management Council in conjunction with the Atlantic States Marine Fisheries Commission to revise the process for setting recreational management measures and recreational accountability measures for summer flounder, scup, black sea bass, and bluefish. Recreational management and accountability measures prevent overfishing while balancing recreational fishing opportunities.

This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has found that the following stocks of fish are now subject to overfishing or overfished: Gulf of Maine haddock, Gulf of Mexico cubera snapper, Gulf of Mexico Jacks Complex, and Gulf of Mexico Mid-water Snapper Complex are now subject to overfishing, and Pacific bluefin tuna, Pacific sardine, Bering Sea snow crab, Saint Matthew Island blue king crab, Southern New England/Mid- Atlantic yellowtail flounder, Gulf of Maine/Georges Bank Atlantic wolffish, Northwestern Atlantic ocean pout, Northwestern Atlantic witch flounder, Atlantic herring, Atlantic halibut, and Georges Bank yellowtail flounder all continue to be overfished. NMFS, on behalf of the Secretary, notifies the appropriate regional fishery management council (Council) whenever it determines that a stock or stock complex is subject to overfishing, overfished, or approaching an overfished condition.

The New England Fishery Management Council is convening 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 Pacific Fishery Management Council's (Pacific Council) Coastal Pelagic Species Advisory Subpanel will hold a public meeting.

The Mid-Atlantic Fishery Management Council's (MAFMC's) Bluefish Monitoring Committee (MC) will hold a public meeting jointly with the Atlantic States Marine Fisheries Commission's Bluefish Technical Committee (TC).

NMFS has received a request from SouthCoast Wind Energy, LLC (SouthCoast Wind; formerly known as Mayflower Wind Energy, LLC) for authorization to take marine mammals incidental to marine site characterization surveys offshore of Massachusetts and Rhode Island in the area of Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf Lease Area (OCS)-A-0521. The activities described in SouthCoast Wind's request, the overall survey duration, the project location, and the acoustic sources proposed for use are similar in scope as to what was previously analyzed in support of the IHA issued by NMFS to SouthCoast Wind for the 2021-2022 site characterization surveys (2021 IHA) (86 FR 38033, July 19, 2021). All proposed mitigation, monitoring, and reporting requirements remain the same. While SouthCoast Wind's planned activity would qualify for renewal of the 2021 IHA, due to the availability of updated marine mammal density data (https:// seamap.env.duke.edu/models/Duke/EC/), which NMFS has determined represents the best available scientific data, NMFS has determined it appropriate to provide a 30-day period for the public to comment on this proposed action. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible 1-year renewal IHA 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 authorizations and agency responses will be summarized in the final notice of our decision.

NMFS has approved nine companies to provide Northeast multispecies sector at-sea catch monitoring and/or electronic catch monitoring services in fishing year 2023. Regulations implementing the Northeast Multispecies Fishery Management Plan require at-sea catch monitoring and electronic catch monitoring companies to be approved by NMFS to provide catch monitoring services to sectors. This action will allow sectors to contract for catch monitoring services with any of the approved service providers for fishing year 2023.

Notice is hereby given that NMFS received an application from the U.S. Fish and Wildlife Service (USFWS) to renew their U.S. Endangered Species Act (ESA) Section 10(a)(1)(A) scientific enhancement permit (permit 20571-2R) for the reintroduction of Central Valley (CV) spring-run Chinook salmon to the San Joaquin River for the San Joaquin River Restoration Program. Proposed activities within the permit application are expected to affect the threatened CV spring-run Chinook salmon (Oncorhynchus tshawytscha), California Central Valley (CCV) Distinct Population Segment (DPS) of steelhead (Oncorhynchus mykiss) and the threatened Southern DPS (sDPS) of North American green sturgeon (Acipenser medirostris). The public is hereby notified the application for Permit 20571-2R is available for review and comment before NMFS either approves or disapproves the application.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a renewal IHA to the Alaska Department of Transportation and Public Facilities (ADOT) to incidentally harass marine mammals incidental to ferry berth improvements in Tongass Narrows in Ketchikan, Alaska.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Habitat Committee to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). This meeting will be held in-person with a webinar option. Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

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 Bluepoint Wind, LLC (BPW) to incidentally harass marine mammals during marine site characterization surveys in coastal waters off of New York and New Jersey in the New York Bight, specifically within the Bureau of Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (Lease) Area OCS-A 0537 and associated export cable route (ECR) area.

NMFS proposes to approve changes to the Pacific Halibut Catch Sharing Plan for the International Pacific Halibut Commission's regulatory Area 2A off of Washington, Oregon, and California. In addition, NMFS proposes to implement management measures governing the 2023 recreational fisheries that are not implemented through the International Pacific Halibut Commission. These measures include the recreational fishery seasons, subarea allocations, and management measures for Area 2A. These actions are intended to conserve Pacific halibut and provide angler opportunity where available.

NMFS proposes to approve and implement Framework Adjustment 36 to the Atlantic Sea Scallop Fishery Management Plan that establishes scallop specifications and other management measures for fishing years 2023 and 2024. Framework 36 would implement measures to protect small scallops to support rotational access area trips to the fleet in future years. This action would also revise regulatory text that is unnecessary, outdated, or unclear. This action is necessary to prevent overfishing and improve both yield-per-recruit and the overall management of the Atlantic sea scallop resource.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Skate Committee 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 Pacific Fishery Management Council's (Pacific Council) Coastal Pelagic Species Management Team will hold one public meeting.

Notice is hereby given that the NMFS Northwest Fisheries Science Center (NWFSC), 2725 Montlake Boulevard East, Seattle, WA 98112-2097 (Responsible Party: M. Bradley Hanson, Ph.D.), has applied in due form for a permit to conduct research on marine mammals.

NMFS is correcting the 2023-2024 harvest specifications and management measures for groundfish caught in the U.S. exclusive economic zone seaward of Washington, Oregon, and California published on December 16, 2022. These corrections are necessary so the regulations accurately implement the intent of the Pacific Fishery Management Council.

NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2023 total allowable catch (TAC) of Pacific cod by vessels using pot gear in the Central Regulatory Area of the GOA.

The SEDAR 82 assessment of the South Atlantic stock of gray triggerfish will consist of a data workshop, a series of assessment webinars, and a review workshop. A SEDAR 82 Assessment Webinar I is scheduled for March 22, 2023. See SUPPLEMENTARY INFORMATION.