National Oceanic and Atmospheric Administration February 2024 – Federal Register Recent Federal Regulation Documents
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Research Track Assessment for Golden Tilefish
NMFS will convene the Research Track Assessment Peer Review Meeting for the purpose of reviewing Golden Tilefish. The Research Track Assessment Peer Review is a formal scientific peer-review process for evaluating and presenting stock assessment results to managers for fish stocks in the offshore U.S. waters of the northwest Atlantic. Assessments are prepared by the research track working group and reviewed by an independent panel of stock assessment experts from the Center of Independent Experts (CIE). The public is invited to attend the presentations and discussions between the review panel and the scientists who have participated in the stock assessment process.
Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 95 assessment of the Atlantic stock of cobia will consist of a series of data and assessment webinars. A SEDAR 95 Data Scoping Webinar is scheduled for March 18, 2024. See SUPPLEMENTARY INFORMATION.
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council (Council) Pacific Northwest Crab Industry Advisory Committee (PNCIAC) will meet March 15, 2024.
Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council will hold a two day in-person meeting of its Shrimp Advisory Panel (AP).
Fisheries Off West Coast States; West Coast Salmon Fisheries; Federal Salmon Regulations for Overfished Species Rebuilding Plans
NMFS proposes revisions to regulations that implement the Pacific Fishery Management Council's (Council) Pacific Coast Salmon Fishery Management Plan (FMP). This proposed action would remove a rebuilding plan for Snohomish River coho salmon from regulation, as this stock has been rebuilt and is no longer required to be managed under a rebuilding plan.
International Fisheries; Pacific Tuna Fisheries; Inseason Action for 2024 Commercial Pacific Bluefin Tuna Annual Catch Limit in the Eastern Pacific Ocean
NMFS is announcing that the Pacific bluefin tuna (PBF) 2024 annual catch limit for U.S. commercial fishing vessels in the eastern Pacific Ocean (EPO) is 720 metric tons (mt).
Endangered and Threatened Species; Take of Anadromous Fish
This notice announces the availability of the Final Environmental Assessment (EA) on the issuance of an Endangered Species Act (ESA) Enhancement of Survival Permit to the California Department of Fish and Wildlife (CDFW) for the operation of the Fall Creek Hatchery coho salmon program. The Fall Creek Hatchery coho salmon program is operated under an associated Hatchery Genetic Management Plan (HGMP). This notice also announces that NMFS has decided to issue a permit (15755-2M) to CDFW for activities described in their HGMP, and has authorized the HGMP for the Fall Creek Hatchery coho salmon program in the Klamath River watershed in California.
Science Advisory Board
This notice sets forth the schedule and proposed agenda for a meeting of the Science Advisory Board (SAB). The members will discuss issues outlined in the section on Matters to be considered.
Fisheries of the Northeastern United States; 2024 and Projected 2025 Specifications for the Atlantic Mackerel Fishery
NMFS proposes 2024 specifications and projected 2025 specifications for Atlantic mackerel. The implementing regulations for the Mackerel, Squid, and Butterfish Fishery Management Plan (FMP) require us to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. The proposed specifications are intended to establish allowable harvest levels that will prevent overfishing, consistent with the most recent scientific information.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received 17 scientific research permit application requests relating to Pacific salmon, steelhead, green sturgeon, rockfish, and eulachon. The proposed activities in all permits are intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts. The applications may be viewed online at: https://apps.nmfs.noaa.gov/preview/ preview_open_for_comment.cfm.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2024 Recreational Closure for Golden Tilefish in the South Atlantic
NMFS announces the 2024 recreational fishing season for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Announcing the length of the recreational season is the accountability measure (AM) for the recreational sector. NMFS estimates that recreational landings of golden tilefish will reach the recreational annual catch limit (ACL) for the 2024 fishing year by February 29, 2024. Accordingly, NMFS announces the closure date for the recreational harvest of golden tilefish in the South Atlantic EEZ to protect the golden tilefish resource.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; a Coastal Management Needs Assessment and Market Analysis for Financing Resilience
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.
Fisheries Off West Coast States; West Coast Salmon Fisheries; Amendment 24 to the Pacific Coast Salmon Fishery Management Plan
NMFS announces the approval of amendment 24 to the Pacific Salmon Fishery Management Plan (Salmon FMP). The intent of amendment 24 is to clarify the technical process for reviewing updates to the models used to determine the Chinook salmon abundance threshold that may trigger additional management measures to limit the impact of ocean salmon fisheries on Southern Resident killer whales (SRKW). The whales are listed under the Endangered Species Act (ESA) and Chinook salmon, some of which are listed as threatened under the ESA, are their preferred prey. This action is administrative in nature and does not change the formula for calculating the threshold or the fishery management responses currently described in the Salmon FMP.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public hybrid meeting of its Risk Policy Working Group 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.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Empire Wind Project, Offshore of New York
In accordance with the Marine Mammal Protection Act (MMPA) as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to Empire Offshore Wind, LLC (Empire Wind) for the taking of marine mammals incidental to the construction of the Empire Wind Project (hereafter known as the ``Project'').
Western Pacific Fishery Management Council; Public Meetings
The Western Pacific Fishery Management Council (Council) will hold its 151st Scientific and Statistical Committee (SSC), Executive and Budget Standing Committee (SC) and its 198th Council meeting to take actions on fishery management issues in the Western Pacific Region. The Council will also hold a joint meeting of the Advisory Panel (AP), the Fishing Industry Advisory Committee (FIAC), and the Non-Commercial Fisheries Advisory Committee (NCFAC).
New England Fishery Management Council (NEFMC); Public Meeting
The New England Fishery Management Council (Council) is scheduling a joint public meeting of its Monkfish and Dogfish Committees 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.
Fisheries of the Exclusive Economic Zone; Bering Sea and Aleutian Islands Crab Rationalization Program
The North Pacific Fishery Management Council (Council) submitted Amendments 54 and 55 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP) to NMFS for review. If approved, Amendments 54 and 55 would revise two provisions of the Crab Rationalization Program (CR Program) to complete the following: change active participation requirements for crab quota share (crab QS) established for vessel operators and crew; and expand the exemptions for CR Program custom processing from processor use caps and remove the CR Program processor facility use cap. These actions are intended to provide operators and crew greater flexibility in meeting CR Program participation requirements and to improve CR Program processor efficiency. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Crab FMP, and other applicable laws.
Pacific Island Fisheries; Catch and Retention Limits for Striped Marlin in the Western and Central Pacific Ocean North of the Equator
NMFS proposes a catch limit of 457 metric tons (t) for Western and Central North Pacific Ocean (WCNPO) striped marlin caught by U.S. fishing vessels in the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Commission or WCPFC) Convention area north of the Equator and west of 150[deg] W longitude (the action area) and a retention limit of 443 t for U.S. fishing vessels with Hawaii longline limited entry permits. If the retention limit is projected to be reached, NMFS will prohibit retention of striped marlin caught in the WCNPO by Hawaii longline vessels for the calendar year. Action is required under Magnuson-Stevens Fishery Conservation and Management Act Section 304(i) to address U.S. fishing vessels' relative impact on this internationally managed stock, which is overfished and experiencing overfishing.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico
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 (GOM), notification is hereby given that a Letter of Authorization (LOA) has been issued to LLOG Exploration Company (LLOG) for the take of marine mammals incidental to geophysical survey activity in the GOM.
Atlantic Highly Migratory Species; Bluefin Tuna General Category Effort Controls and Related Regulations
NMFS is proposing to codify a schedule of restricted-fishing days (RFDs) for the 2024 fishing year and subsequent fishing years; reestablish a General category default retention limit for large medium or giant bluefin tuna (BFT) on open days; and make clarifications to the BFT dealer regulations and the definition of a bluefin statistical document (BSD) tag. This proposed action is necessary to increase the likelihood of pacing General category landings to extend fishing opportunities through a greater portion of the General category time period subquotas. Lastly, this proposed action would clarify existing regulations to ensure better understanding and compliance by General category quota participants.
Fisheries of the Northeastern United States; 2024 and 2025 Summer Flounder and Scup, and 2024 Black Sea Bass Recreational Management Measures
NMFS proposes Federal management measures for the summer flounder and black sea bass recreational fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the fishing year and to provide an opportunity for public comment. The intent of this action is to set management measures that allow the recreational fisheries to achieve, but not exceed, the recreational harvest targets and thereby prevent overfishing.
Pacific Island Pelagic Fisheries; False Killer Whale Take Reduction Plan; New Trigger Value for Southern Exclusion Zone Closure
In accordance with the Marine Mammal Protection Act (MMPA) of 1972, and the False Killer Whale Take Reduction Plan, NMFS is publishing a new trigger value for the Southern Exclusion Zone (SEZ) closure. The new trigger is three observed mortality or serious injuries of false killer whales incidental to the deep-set longline fishery within the U.S. Exclusive Economic Zone.
Request for Public Comment on Interagency Marine Debris Coordinating Committee Recommendations
NOAA's Marine Debris Program, on behalf of the Interagency Marine Debris Coordinating Committee (IMDCC), is soliciting public comments regarding draft recommendations to address marine debris. The IMDCC is required to submit a biennial report to Congress that includes the status of implementation of any recommendations and strategies of the Committee. These recommendations will replace the recommendations first published by the IMDCC in 2008.
Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 82 assessment of the South Atlantic stock of gray triggerfish will consist of a data webinars/workshop, a series of assessment webinars, and a review workshop. A SEDAR 82 Review Workshop has been scheduled for March 12-14, 2024. See SUPPLEMENTARY INFORMATION for specific dates and agenda.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for Pacific cod by vessels using pot 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 2024 total allowable catch (TAC) of Pacific cod by vessels using pot gear in the Western Regulatory Area of the GOA.
U.S. Integrated Ocean Observing System (IOOS®) Advisory Committee Public Meeting
Notice is hereby given of a virtual meeting of the U.S. Integrated Ocean Observing System (IOOS[supreg]) Advisory Committee (Committee). The meeting is open to the public and an opportunity for oral and written comments will be provided.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Alaska Mariculture Economic Benchmark Survey
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.
Endangered and Threatened Wildlife and Plants; Final Rule To List the Atlantic Humpback Dolphin as an Endangered Species Under the Endangered Species Act
We, NMFS, are issuing a final rule to list the Atlantic humpback dolphin (Sousa teuszii) as endangered under the Endangered Species Act (ESA), in response to a petition from the Animal Welfare Institute, the Center for Biological Diversity, and VIVA Vaquita. We have reviewed the status of the Atlantic humpback dolphin, including efforts being made to protect the species, and considered public comments submitted on the proposed listing rule as well as new information received since publication of the proposed rule. Based on all of this information, we have determined that the Atlantic humpback dolphin warrants listing as an endangered species. We will not designate critical habitat for this species, because the geographical areas occupied by this species are entirely outside U.S. jurisdiction.
Draft Overview of the National Aquaculture Development Plan and Draft Strategic Plan for Aquaculture Economic Development
On behalf of the National Science and Technology Council (NSTC)'s Subcommittee on Aquaculture (SCA), NMFS announces the availability of the draft Overview of the National Aquaculture Development Plan (NADP) and draft Strategic Plan for Aquaculture Economic Development (Economic Development Plan) for public comment.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Central Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for the Pacific cod sideboard limit by non-exempt American Fisheries Act (AFA) catcher vessels in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the annual 2024 Pacific cod sideboard limit established for non-exempt AFA catcher vessels in the Central Regulatory Area of the GOA.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Amendment 21 to the Coastal Pelagic Species Fishery Management Plan
The Pacific Fishery Management Council has submitted Amendment 21 to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) for review by the Secretary of Commerce. If approved, Amendment 21 would make a number of non-substantive, administrative changes to the CPS FMP including defining acronyms upon first use, adding hyperlinks, removing repetitive language, and rearranging sections for clarity and logical sequence. These changes, colloquially referred to as ``housekeeping'' changes, would not change the management of the fishery. This proposed amendment is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the CPS FMP, and other applicable laws. NMFS will consider public comments in deciding whether to approve, disapprove, or partially approve Amendment 21.
Pacific Fishery Management Council; Public Meetings
The Pacific Fishery Management Council (Council) and its advisory bodies will meet March 5-11, 2024 in Fresno, CA and via webinar. The Council meeting will be live streamed with the opportunity to provide public comment remotely. The following groups will meet in person in Fresno: Salmon Technical Team, Salmon Advisory Subpanel, Ecosystem Advisory Subpanel, Ecosystem Workgroup, Enforcement Consultants, Habitat Committee, Groundfish Management Team, Groundfish Advisory Subpanel, and the Scientific and Statistical Committee.
Mid-Atlantic Fishery Management Council (MAFMC) and New England Fishery Management Council (NEFMC); Joint Public Meeting
The MAFMC and NEFMC will jointly hold a public meeting (webinar) of the Spiny Dogfish and Monkfish Advisory Panels to review potential sturgeon bycatch reduction measures. See SUPPLEMENTARY INFORMATION for agenda details.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Lutak Dock Replacement Project, Haines, Alaska
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 Haines Borough to incidentally harass marine mammals during construction activities associated with a Lutak Dock Replacement project in Haines, Alaska.
Magnuson-Stevens Act Provisions; Prohibition of Commercial Fishing in the Northeast Canyons and Seamounts Marine National Monument
This action implements regulations for the Northeast Canyons and Seamounts Marine National Monument. This action is necessary to conform U.S. fishing regulations to be consistent with Presidential Proclamations 9496 and 10287, which prohibited commercial fishing in the Northeast Canyons and Seamounts Marine National Monument and directed the Secretaries of Commerce and Interior to promulgate regulations necessary for the proper care and management of the Monument. The measures herein are intended to define the boundary coordinates of the Monument area and clarify the prohibition on commercial fishing in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) regulations.
List of Fisheries for 2024
NMFS is publishing its final List of Fisheries (LOF) for 2024, as required by the Marine Mammal Protection Act (MMPA). The LOF for 2024 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based on the level of mortality and serious injury of marine mammals that occurs incidental to each fishery. The classification of a fishery on the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as those on registration, observer coverage, and take reduction plan (TRP) requirements.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Analysis for Probabilistic and Risk Reduction Decision Support Fire Weather Services
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.
Space Weather Advisory Group Meeting
The Space Weather Advisory Group (SWAG) will meet for a full day on March 26, 2024.
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council (Council) Scallop Plan Team will meet in Alaska.
Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 88 assessment of Gulf of Mexico red grouper will consist of a series of webinars. See SUPPLEMENTARY INFORMATION.
New England Fishery Management Council; Public Meetings
The New England Fishery Management Council (Council) is conducting six scoping meetings to solicit comments regarding the rang of alternatives to consider in Amendment 10 (A10) to the Atlantic Herring Fishery Management Plan to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). The Council is proposing to take action through A10 to address spatial and temporal allocation and management of Atlantic herring at the management unit level to minimize user conflicts, contribute to optimum yield and support rebuilding of the resource. The Council is also proposing to take action to enhance river herring (alewife and blueback herring) and shad (American shad and hickory shad) avoidance and other catch reduction measures to better support ongoing coastwide restoration efforts for those species. The Council is scheduling the scoping meetings in accordance with the Magnuson-Stevens Fishery Conservation and Management Act and the National Environmental Policy Act. A summary of public comments received will be provided to the Council for formal consideration and action, if appropriate.
Endangered and Threatened Wildlife and Plants: Listing the Queen Conch as Threatened Under the Endangered Species Act (ESA)
We, NMFS, are listing the queen conch (Aliger gigas, formerly known as Strombus gigas) as a threatened species under the Endangered Species Act (ESA). We have completed a review of the status of queen conch, including efforts being made to protect the species, and considered public comments submitted on the proposed listing rule as well as new information received since the publication of the proposed rule. Based on all of this information, we have determined that the queen conch is not currently in danger of extinction throughout all or a significant portion of its range, but is likely to become so within the foreseeable future. Thus, we are listing the queen conch as a threatened species under the ESA. At this time, we conclude that critical habitat is not yet determinable because data sufficient to perform the required analysis are lacking; any critical habitat designation would be proposed in a separate, future rulemaking.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Empire Wind Project, Offshore New York
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS promulgates regulations to govern the incidental taking of marine mammals incidental to Empire Offshore Wind, LLC (Empire Wind), a 50-50 partnership between Equinor, ASA (Equinor) and BP p.l.c., during the construction of an offshore wind energy project (the Project) in Federal and State waters off of New York, 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-512) (referred to as the Lease Area) and along two export cable routes to sea-to-shore transition points (collectively, the Project Area), over the course of 5 years (February 22, 2024, through February 21, 2029). These regulations, which allow for the issuance of a Letter of Authorization (LOA) for the incidental take of marine mammals during specific 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. Upon publication of this final rule and within 30 days, NMFS will issue a LOA to Empire Wind for the effective period of the final rule.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Greater Atlantic Region Vessel Identification Requirements
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.
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