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

NMFS implements an accountability measure (AM) for the gag recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2024 fishing year. NMFS has projected that the 2024 recreational annual catch target (ACT) for gag will be reached by September 16, 2024. Therefore, NMFS closes the recreational sector for Gulf gag on September 16, 2024, and it will remain closed through the end of the fishing year on December 31, 2024. This closure is necessary to protect the Gulf gag resource.

The New England Fishery Management Council (Council) is scheduling a public hybrid meeting of its On-Demand Gear Conflict Working Group 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.

This provides notice that on June 5, 2023, the NMFS Assistant Administrator (Assistant Administrator) completed an affirmative finding annual renewal for the Governments of Colombia, Ecuador, Guatemala, Mexico, Peru and Spain (referred to hereafter as "The Nations") under the portions of the Marine Mammal Protection Act (MMPA) related to the eastern tropical Pacific Ocean (ETP) tuna purse seine fishery and the importation of yellowfin tuna from nations participating in this fishery. These affirmative findings allowed for the importation into the United States of yellowfin tuna and yellowfin tuna products harvested in the ETP from April 1, 2023, through March 31, 2024, in compliance with the Agreement on the International Dolphin Conservation Program (AIDCP), by purse seine vessels operating under The Nations' jurisdiction or exported from The Nations. NMFS based the affirmative finding annual renewals on reviews of documentary evidence submitted by the Governments of The Nations and of information obtained from the Inter-American Tropical Tuna Commission (IATTC). NMFS typically publishes notice of affirmative finding annual renewals shortly after the Assistant Administrator makes those findings; however, due to an oversight, this notice was not published in 2023, and is therefore being published now to provide the public with notice of the findings.

This provides notice that on June 5, 2023, the NMFS Assistant Administrator (Assistant Administrator) issued a new 5-year affirmative finding for the Government of El Salvador under the portions of the Marine Mammal Protection Act (MMPA) related to the eastern tropical Pacific Ocean (ETP) tuna purse seine fishery and the importation of yellowfin tuna from nations participating in this fishery. This affirmative finding allows for the importation into the United States of yellowfin tuna and yellowfin tuna products harvested in the ETP, in compliance with the Agreement on the International Dolphin Conservation Program (AIDCP), by purse seine vessels operating under El Salvador's jurisdiction or exported from El Salvador. NMFS based the affirmative finding determination on reviews of documentary evidence submitted by the Government of El Salvador and of information obtained from the Inter-American Tropical Tuna Commission (IATTC). NMFS typically publishes notice of new affirmative findings shortly after the Assistant Administrator makes those findings; however, due to an oversight, this notice was not published in 2023, and is therefore being published now to provide the public with notice of the finding.

On June 14, 2024, a notice was published in the Federal Register announcing the proposed issuance of two incidental harassment authorizations (IHAs) for take of marine mammals incidental to oil and gas activities in Cook Inlet, Alaska. That document inadvertently contained errors in tables 7 and 10. This document only corrects those errors; all other information is unchanged.

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 Sunrise Wind, LLC (Sunrise Wind), a 50/50 joint venture between [Oslash]rsted North America, Inc., ([Oslash]rsted) and Eversource Investment, LLC, for the taking of marine mammals incidental to the construction of the Sunrise Wind Offshore Wind Farm Project (hereafter known as the "Project").

NMFS announces four inseason actions for the 2024 portion of the 2023-2024 ocean salmon fisheries. These inseason actions modify the recreational and commercial salmon fisheries in the area from the United States/Canada border to the United States/Mexico border.

NMFS received a request from SouthCoast Wind Energy LLC (SouthCoast) (formerly Mayflower Wind Energy LLC), for Incidental Take Regulations (ITR) and an associated Letter of Authorization (LOA) pursuant to the Marine Mammal Protection Act (MMPA). The requested regulations would govern the authorization of take, by Level A harassment and Level B harassment, of small numbers of marine mammals over the course of five years (2027-2032) incidental to construction of the SouthCoast Wind Project (SouthCoast Project) offshore of Massachusetts 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 0521 (Lease Area) and associated Export Cable Corridors (ECCs). Specified activities expected to result in incidental take are pile driving (impact and vibratory), unexploded ordnance or munitions and explosives of concern (UXO/MEC) detonation, and site assessment surveys using high-resolution geophysical (HRG) equipment. NMFS requests comments on this proposed rule. NMFS will consider public comments prior to making any final decision on the promulgation of the requested ITR and issuance of the LOA; agency responses to public comments will be summarized in the final rule. The regulations, if promulgated, would be effective April 1, 2027 through March 31, 2032.

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 SEDAR 95 assessment of the Atlantic stock of cobia will consist of a series of data and assessment webinars. See SUPPLEMENTARY INFORMATION.

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 for a meeting of the Science Advisory Board (SAB). The members will discuss issues outlined in the section on Matters to be considered.

The Mid-Atlantic and New England Fishery Management Councils (Councils) will hold a public meeting of their joint Northeast Trawl Advisory Panel.

The Mid-Atlantic Fishery Management Council's (Council) Surfclam and Ocean Quahog Advisory Panel will hold a public webinar meeting. See SUPPLEMENTARY INFORMATION for agenda details.

NMFS proposes to implement annual harvest specifications and management measures for the northern subpopulation of Pacific sardine (hereafter, Pacific sardine), for the fishing year from July 1, 2024 through June 30, 2025. This proposed rule would prohibit most directed commercial fishing for Pacific sardine off the coasts of Washington, Oregon, and California. Pacific sardine harvest would be allowed only for use as live bait, in minor directed fisheries, as incidental catch in other fisheries, or as authorized under exempted fishing permits. The proposed harvest specifications for 2024-2025 include an overfishing limit of 8,312 metric tons (mt), an annual catch limit of 6,005 mt, and an annual catch target of 5,500 mt. This proposed rule is intended to conserve, manage, and rebuild the Pacific sardine stock off the coasts of Washington, Oregon, and California.

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 by Avangrid Renewables, LLC, (Avangrid), the parent company of the original applicant, Park City Wind, LLC (Park City Wind), during the construction of the New England Wind Project (the Project), an offshore wind energy project, developed in two phases, known as Park City Wind (phase 1) and Commonwealth Wind (phase 2), in Federal and State waters off of Massachusetts, 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 Areas (OCS-A 0534 and OCS-A 0561) and the southwest (SW) portion of Lease Area OCS-A 0501 (collectively referred to as the Lease Area), and along an export cable routes to sea-to-shore transition points (collectively, the Project Area), over the course of 5 years (March 27, 2025, through March 26, 2030). The proposed rule for this action concerned only Lease Areas OCS-A 0534 and the SW portion of Lease Area OCS-A 0501. However, after publication of the proposed rule, Lease Area OCS-A 0534 was segregated into two portions: OCS-A 0534 and OCS-A 0561. Phase 1 remained with Park City Wind (OCS-A 0534) while phase 2 (OCS-A 0561) was assigned to a sister company named Commonwealth Wind, LLC (subsidiary of Avangrid). As a result of this, Park City Wind requested that the Letter of Authorization (LOA), if issued, be issued to Avangrid, who would oversee the construction of the both phases of the Project by its two subsidiaries. These regulations, which allow for the issuance of a 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.

This notice invites non-Federal entities to partner with the ocean and coastal mapping programs of NOAA's National Ocean Service on jointly-funded projects of mutual interest, and establishes selection criteria and submission requirements for such projects under the NOAA Rear Admiral Richard T. Brennan Ocean Mapping Fund program. With this funding opportunity, NOAA will match selected non-Federal partners at a 70:30 NOAA:partner ratio for projects totaling up to $1,000,000, and proposing to contract for ocean, coastal and/or Great Lakes mapping data. Selected non-Federal partners further benefit from this opportunity by leveraging NOAA's contracting (NOAA has a pool of pre- qualified technical experts in surveying and mapping) and data management expertise. This ocean and coastal mapping funding opportunity is subject to the availability of funds.

The Western Pacific Fishery Management Council (Council) and NMFS will convene a Western Pacific Stock Assessment Review (WPSAR) of the fishery dependent and life history data that will be used in the future benchmark stock assessment for the multispecies bottomfish complex in Guam.

Following formal rulemaking proceedings including an on-the- record hearing before an administrative law judge, NMFS is waiving the Marine Mammal Protection Act (MMPA) moratorium on taking Eastern North Pacific (ENP) gray whales (Eschrichtius robustus) to allow the Makah Indian Tribe to conduct a limited ceremonial and subsistence hunt of up to 25 ENP gray whales over a 10-year period in accordance with the Treaty of Neah Bay of 1855 and the quota first established by the International Whaling Commission in 1997. NMFS is also promulgating regulations to govern the issuance of hunt permits and the hunt itself.

NMFS proposes to implement management measures described in an abbreviated framework action under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) as prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would modify the Gulf of Mexico (Gulf) lane snapper catch limits. The purpose of this proposed rule is to modify the Gulf lane snapper catch limits based on the best scientific information available. This proposed rule would also revise reporting and compliance requirements for Gulf reef fish commercial permit holders using vessel monitoring systems (VMS).

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 the U.S. Navy (Navy) to incidentally harass marine mammals during construction activities associated with the New London Pier Extension Project at Naval Submarine Base (SUBASE) New London in Groton, Connecticut. There are no changes from the proposed authorization in this final authorization.

NMFS implements this final temporary rule to reduce overfishing of red snapper in Federal waters of the South Atlantic. For the 2024 fishing year, this temporary rule reduces the commercial and recreational annual catch limits (ACLs) and revises the authority of the Regional Administrator to change the red snapper recreational season dates under certain adverse weather conditions. This temporary rule also announces the red snapper 2024 commercial and recreational fishing season dates in the South Atlantic. This temporary rule is effective for 180 days. The purpose of this temporary rule is to reduce overfishing of red snapper and to provide notification of the red snapper seasons for 2024.

NMFS reduces the commercial trip limit for greater amberjack in or from the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) to 250 lb (113 kg), gutted weight; 260 lb (118 kg), round weight, on June 16, 2024, as a result of 75 percent of the adjusted commercial quota being reached. Additionally, subsequent to the trip limit reduction, NMFS implements an accountability measure (AM) for Gulf commercial greater amberjack to close commercial harvest when NMFS projects landings have reached the adjusted commercial annual catch target (ACT). The 2024 commercial fishing season for greater amberjack in the Gulf EEZ will close on June 30, 2024, and will remain closed through December 31, 2024. These actions are necessary to protect the Gulf greater amberjack resource.