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

NMFS publishes the standard ex-vessel prices and fee percentage for cost recovery under the Central Gulf of Alaska (GOA) Rockfish Program (Rockfish Program). This action is intended to provide participants in a rockfish cooperative with the standard prices and fee percentage for the 2022 fishing year, which was authorized from May 1 through November 15. The fee percentage is 2.53 percent. The fee payments are due from each rockfish cooperative on or before February 15, 2023.

The U.S. Department of Commerce (Department), via the Office of Space Commerce (OSC) in the National Oceanic and Atmospheric Administration (NOAA), requests additional input from interested parties on OSC's currently planned scope of basic safety services to be provided via the Traffic Management System for Space (TraCSS) program. This input will inform OSC's development of capabilities to share SSA data, information and services to space operators and the public.

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 Echo Offshore LLC (Echo) for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico.

The National Marine Fisheries Service (NMFS) hereby publishes the final Annual Determination (AD) for 2023, pursuant to its authority under the Endangered Species Act (ESA). Through the AD, NMFS identifies U.S. fisheries operating in the Atlantic Ocean, Gulf of Mexico, and Pacific Ocean in which participants will be required to take fisheries observers upon NMFS' request. The purpose of observing identified fisheries is to learn more about sea turtle bycatch in a given fishery, evaluate measures to prevent or reduce sea turtle takes, and implement the prohibition against sea turtle takes. Fisheries identified on the 2023 AD (see Table 1) will be required to carry observers upon NMFS' request, and will remain on the AD for a 5-year period until December 31, 2027.

NMFS reviewed the Alaska, Atlantic, and Pacific regional marine mammal stock assessment reports (SARs) in accordance with the Marine Mammal Protection Act (MMPA). SARs for marine mammals in the Alaska, Atlantic, and Pacific regions were revised according to new information. NMFS solicits public comments on the draft 2022 SARs. NMFS is also requesting new information for strategic stocks that were not updated in 2022.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl 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 of Pacific cod by catcher vessels using trawl gear in the Central Regulatory Area of the GOA.

The Gulf of Mexico Fishery Management Council (Council) will hold a one-day in-person meeting of its Data Collection Advisory Panel (AP).

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Western 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 of Pacific cod by catcher vessels using trawl gear in the Western Regulatory Area of the GOA.

NMFS is prohibiting directed fishing for groundfish by vessels using nonpelagic trawl gear in the Red King Crab Savings Subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the State of Alaska, Department of Fish and Game did not establish a guideline harvest level fishery for red king crab in the Bristol Bay area for the 2022/2023 fishing year.

The North Pacific Fishery Management Council (Council) and its advisory committees will meet February 6, 2023 through February 13, 2023.

The New England Fishery Management Council's 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.

We, NMFS, announce the extension of the public comment period on our December 22, 2022, notice of receipt of application and conservation plan for an incidental take permit. North Carolina Department of Environment and Natural Resources, Division of Marine Fisheries (NCDMF) has applied in due form for a permit pursuant to the Endangered Species Act of 1973, as amended (ESA). As required by the ESA, NCDMF's application includes a conservation plan designed to minimize and mitigate take of endangered or threatened species. The permit application is for the incidental take of ESA-listed sea turtles and sturgeon associated with the otherwise lawful gill net fisheries operating in the inshore waters of North Carolina. The duration of the requested permit is 10 years.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2023 Pacific cod total allowable catch (TAC) allocated to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI.

Notice is hereby given that NMFS has issued an Incidental Take Permit (ITP) (No. 26645) to the Arnold Irrigation District, Central Oregon Irrigation District, Lone Pine Irrigation District, North Unit Irrigation District, Ochoco Irrigation District, Swalley Irrigation District, Three Sisters Irrigation District, Tumalo Irrigation District, and the City of Prineville (hereafter applicants), pursuant to the Endangered Species Act (ESA) of 1973, as amended, for the incidental take of Middle Columbia River (MCR) steelhead (Oncorhynchus mykiss), listed threatened under the ESA, and the nonessential experimental population of steelhead (NEP) occurring upstream of the Round Butte Dam and Deschutes River sockeye salmon (Oncorhynchus nerka) which are not currently listed under the ESA (hereafter, covered species). Incidental take is associated with the otherwise lawful water management activitiesincluding the storage, release, diversion, and return of irrigation water by the eight irrigation districts and groundwater withdrawals, effluent discharges, and surface water diversions by the City of Prineville. The permit is issued for a duration of 28 years.

The Gulf of Mexico Fishery Management Council (Council) will hold a four-day meeting to consider actions affecting the Gulf of Mexico fisheries in the exclusive economic zone (EEZ). The meeting is a hybrid that is open to the public offering both in-person and virtual options for participation.

The National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management, will hold a virtual public meeting to solicit input on the performance evaluation of the New York Coastal Management Program. NOAA also invites the public to submit written comments.

NMFS is prohibiting directed fishing for Pacific cod by American Fisheries Act (AFA) trawl catcher/processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the annual 2023 Pacific cod total allowable catch (TAC) allocated to AFA trawl catcher/processors in the BSAI.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued a modified incidental harassment authorization (IHA) to the U.S. Navy to incidentally harass, by Level A and Level B harassment, marine mammals during construction activities associated with the replacement of Pier 3 at Naval Station Norfolk at Norfolk, Virginia.

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 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.

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to construction at the Portsmouth Naval Shipyard in Kittery, Maine, over the course of five years (2023-2028). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take and requests comments on the proposed regulations. NMFS responses to comments will be included in the notice of the final decision.

This final rule announces carryover allocation from fishing year 2021 into fishing year 2022 for the Northeast Multispecies sectors program. This action is necessary to distribute carryover quota to sectors. The carryover adjustments in this rule are routine and formulaic, and industry expects them each year.

NMFS has received a request from Bluepoint Wind, LLC (BPW) for authorization to take marine mammals incidental to 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. 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 Pacific Fishery Management Council (Pacific Council) and the NMFS Northwest and Southwest Fisheries Science Centers will convene a virtual pre-assessment workshop to review proposed data and modeling approaches to inform groundfish stock assessments for copper rockfish, canary rockfish, and black rockfish, scheduled for assessment during 2023. The workshop is open to the public.