National Oceanic and Atmospheric Administration January 2024 – Federal Register Recent Federal Regulation Documents

NMFS proposes to implement management measures described in Framework Amendment 2 to the Fishery Management Plans for Puerto Rico, St. Croix, and St. Thomas and St. John (collectively, the island-based FMPs). If implemented, this proposed rule would modify annual catch limits (ACLs) for spiny lobster in the U.S. Caribbean exclusive economic zone (EEZ) off Puerto Rico, St. Croix, and St. Thomas and St. John. The purpose of this proposed rule is to update management reference points for spiny lobster, consistent with the best scientific information available to prevent overfishing and achieve optimum yield (OY).

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 Pacific Fishery Management Council's (Pacific Council) Ad Hoc Marine Planning Committee (MPC) will hold an online public meeting.

This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the National Sea Grant Advisory Board (Board), a Federal Advisory Committee. Board members will discuss and provide advice on the National Sea Grant College Program (Sea Grant) in the areas of program evaluation, strategic planning, education and extension, science and technology programs, and other matters as described in the agenda found on the Sea Grant website. For more information on this Federal Advisory Committee please visit the Federal Advisory Committee database: https://www.facadatabase.gov/FACA/ FACAPublicPage.

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 Pacific Gas & Electric (PG&E) to incidentally harass marine mammals during construction activities associated with a sediment remediation project in San Francisco Bay.

NMFS has received a request from the U.S. Space Force (USSF) for authorization to take marine mammals incidental to launches and supporting activities at Vandenberg Space Force Base (VSFB) in Vandenberg, California from April, 2024 to April, 2029. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue regulations governing the incidental taking of marine mammals incidental to the specified activities. NMFS is proposing regulations to govern that take, and requests comments on the proposed regulations. 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. Missile launches conducted at VSFB, which comprise a smaller portion of the activities, are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (2004 NDAA).

NMFS, upon request from the U.S. Navy (Navy), issues these regulations pursuant to the Marine Mammal Protection Act (MMPA) to govern the taking of marine mammals during the maintenance and pile replacement construction activities at the Ammunition Wharf at Naval Magazine (NAVMAG) Indian Island in Puget Sound, Washington, over the course of 5 years (2024 to 2029). These regulations, which allow for the issuance of Letters of Authorization (LOA) for the incidental take of marine mammals during the described activities and timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species and their habitat, and establish requirements pertaining to the monitoring and reporting of such taking.

The Gulf of Mexico Fishery Management Council (Council) will hold a one-day in person meeting of its Coastal Migratory Pelagics (CMP) Advisory Panel (AP).

A Notice of Intent to prepare this draft environmental impact statement (DEIS) was published in the Federal Register on October 4, 2023. This DEIS is prepared pursuant to the National Environmental Policy Act (NEPA) to assess the environmental impacts associated with NMFS issuing an incidental take statement (ITS) under section 7 of the Endangered Species Act (ESA) that would exempt take of threatened or endangered ESA-listed species by participants in Southeast Alaska (SEAK) salmon fisheries that are subject to the 2019 Pacific Salmon Treaty (PST) Agreement. This DEIS also assesses the environmental impacts of NMFS funding grants to the State of Alaska (State) to monitor and manage the SEAK salmon fisheries and salmon stocks subject to the 2019 PST Agreement. If warranted, NMFS would issue an ITS, consistent with requirements of the ESA, as part of a consultation on two agency actions related to the 2019 PST Agreement, including the funding to the State. That consultation would conclude with the issuance of a biological opinion (BiOp) that evaluates the effects of those agency actions on ESA-listed species and critical habitat. This DEIS directly responds to a court order and analyzes the effects of the proposed issuance of an ITS for those two agency actions.

The SEDAR 89 assessment of the South Atlantic stock of tilefish will consist of a series of LH-TWG webinars. A SEDAR 89 LH-TWG Webinar is scheduled for February 14, 2024. See SUPPLEMENTARY INFORMATION.

The South Atlantic Fishery Management Council (Council) will host a presentation on reproductive resilience in marine fishes.

NMFS is reducing the Atlantic herring possession limit for herring vessels fishing with midwater trawl in the River Herring and Shad Cape Cod Catch Cap Closure Area. This is required because NMFS projects that catch of river herring and shad by midwater trawl herring vessels will reach the Cape Cod Catch Cap threshold for river herring and shad before the end of the fishing year. This action is intended to prevent overharvest of river herring and shad.

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 Western Pacific Fishery Management Council (Council) and NMFS will convene a Western Pacific Stock Assessment Review (WPSAR) of a stock assessment update for the multispecies bottomfish complex in Guam. The review will be conducted virtually. A satellite location will be made available for the public to view the review process and NMFS staff will be available in-person to answer questions. See ADDRESSES for the web address to access the meeting and the location of the satellite viewing site.

NMFS is prohibiting directed fishing for the A season pollock sideboard limit by non-exempt American Fisheries Act (AFA) catcher vessels in Statistical Area 610 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2024 A season allowance of the pollock sideboard limit established for non-exempt AFA catcher vessels in Statistical Area 610 of the GOA.

The South Atlantic Fishery Management Council (Council) will hold a meeting of the Wreckfish Sub-Committee.

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 2024 total allowable catch of Pacific cod by catcher vessels using trawl gear in the Central Regulatory Area of the GOA.

The Mid-Atlantic and New England Fishery Management Councils (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, NMFS hereby promulgates regulations to govern the incidental taking of marine mammals incidental to the Virginia Electric and Power Company, doing business as Dominion Energy Virginia (Dominion Energy), construction of the Coastal Virginia Offshore Wind Commercial (CVOW-C) Project (hereafter, the CVOW-C Project or the Project) in Federal and State waters offshore of Virginia, specifically within 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 0483 (Lease Area) and along export cable routes to sea-to-shore transition points (collectively referred to as the ``Project Area''), over the course of 5 years (February 5, 2024 through February 4, 2029). These regulations, which allow for the issuance of a Letter of Authorization (LOA) for the incidental take of marine mammals during construction- related activities within the Project Area during the effective dates of the regulations, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.

NMFS will convene the Research Track Assessment Peer Review Meeting for the purpose of reviewing Applied State Space Modeling. The Research Track Assessment Peer Review is a formal scientific peer- review process for evaluating and presenting results to assessment scientists and fisheries managers. Materials are prepared by the research track working group and reviewed by an independent panel of stock assessment experts from the Center of Independent Experts. The public is invited to attend the presentations and discussions between the review panel and the scientists who have participated in the process.

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.

This notice sets forth the schedule and proposed agenda of a meeting of the Ocean Research Advisory Panel (ORAP). The members will discuss issues outlined in the section on Matters to be considered.

The North Pacific Fishery Management Council (Council) Pacific Northwest Crab Industry Advisory Committee (PNCIAC) will meet via web conference.

NMFS is transferring 20.5 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the General category December 2024 subquota to the January through March 2024 subquota period. The adjusted General category January through March 2024 subquota is 58.2 mt. This action provides further opportunities for General category fishermen to participate in the January through March General category fishery, based on consideration of the regulatory determination criteria regarding inseason adjustments. This action would affect Atlantic Tunas General category (commercial) permitted vessels and Atlantic Highly Migratory Species (HMS) Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT.