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

Effective on November 27, 2019, NMFS is closing the directed fishery for Herring Management Area 1A, based on a projection that a threshold catch amount for that management area has been reached. Beginning November 27, 2019, through December 31, 2019, no person may, or attempt to fish for, possess, transfer, receive, land, or sell more than 2,000 lb (907.2 kg) of Atlantic herring per trip or calendar day in or from Management Area 1A from a vessel issued and holding a valid Federal herring permit. For the duration of this action, federally permitted dealers may not possess or receive, or attempt to possess or receive, more than 2,000 lb (907.2 kg) of herring from Management Area 1A per trip or calendar day from vessels issued and holding a valid Federal herring permit. This action is necessary to comply with the regulations implementing the Atlantic herring Fishery Management Plan and is intended to prevent overharvest of herring in Management Area 1A.

This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has found that Oregon cabezon is now subject to overfishing and Atlantic bluefish is now overfished. NMFS, on behalf of the Secretary, notifies the appropriate regional fishery management council (Council) whenever it determines that overfishing is occurring, a stock is in an overfished condition, or a stock is approaching an overfished condition.

NMFS is implementing changes to aspects of the commercial and recreational summer flounder, scup, and black sea bass management program, as recommended by the Mid-Atlantic Fishery Management Council. This action incorporates new management measures for the commercial and recreational fisheries for these species. The intent of this action is to allow for more management flexibility.

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 2019 SARs. In addition to releasing draft 2019 Pacific SARs for public comment, NMFS is also providing an opportunity to comment on the final 2018 Western North Pacific (WNP) gray whale SAR previously published in the Federal Register on June 19, 2019 (84 FR 28489). NMFS is also requesting new information for strategic stocks that were not updated in 2019.

NMFS publishes standard prices and fee percentages for cost recovery for the Amendment 80 Program, the American Fisheries Act (AFA) Program, the Aleutian Islands Pollock (AIP) Program, and the Western Alaska Community Development Quota (CDQ) groundfish and halibut Programs. The fee percentage for 2019 is 0.94 percent for the Amendment 80 Program, 0.23 percent for the AFA inshore cooperatives, 3.0 percent for the AIP program, and 0.70 percent for the CDQ groundfish and halibut Programs. This action is intended to provide the 2019 standard prices and fee percentages to calculate the required payment for cost recovery fees due by December 31, 2019.

This document announces the reapportionment of 40,000 metric tons of Pacific whiting from the tribal allocation to the non-tribal commercial fishery sectors via automatic action on September 13, 2019. This reapportionment is to allow full utilization of the Pacific whiting resource.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an IHA to Jim Erickson to incidentally harass, by Level A and Level B harassment, marine mammals during pile driving activities associated with the Erickson Residence Marine Access Project in Juneau, Alaska.

The Ecosystem and Ocean Planning (EOP) Committee and Advisory Panel (AP) of the Mid-Atlantic Fishery Management Council (Council) will hold a meeting.

NMFS implements accountability measures (AMs) for the gray triggerfish commercial sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. NMFS projects that the 2019 commercial landings for gray triggerfish will reach the commercial annual catch target (ACT) (commercial quota) by November 26, 2019. Therefore, NMFS is closing the commercial sector for Gulf gray triggerfish on November 26, 2019, and it will remain closed through the end of the fishing year on December 31, 2019. This closure is necessary to protect the Gulf gray triggerfish resource.

The SEDAR 67 stock assessment process for Gulf of Mexico vermilion snapper will consist of a series of data and assessment webinars. See SUPPLEMENTARY INFORMATION.

NMFS is prohibiting directed fishing for Atka mackerel in the Bering Sea subarea and Eastern Aleutian District (BS/EAI) of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access sector. This action is necessary to prevent exceeding the 2019 total allowable catch (TAC) of Atka mackerel in the BS/EAI allocated to vessels participating in the BSAI trawl limited access sector.

NMFS announces its request for applications for the 2020 shark research fishery from commercial shark fishermen with directed or incidental shark limited access permits. The shark research fishery allows for the collection of fishery-dependent and biological data for future stock assessments and to meet the research objectives of the Agency. The only commercial vessels authorized to land sandbar sharks are those participating in the shark research fishery. Shark research fishery permittees may also land other large coastal sharks (LCS), small coastal sharks (SCS), smoothhound, and pelagic sharks. Commercial shark fishermen who are interested in participating in the shark research fishery need to submit a completed Shark Research Fishery Permit Application in order to be considered.

NMFS announces its intent to issue exempted fishing permits (EFPs), scientific research permits (SRPs), display permits, letters of acknowledgment (LOAs), and shark research fishery permits for Atlantic highly migratory species (HMS) in 2020. EFPs and related permits would authorize collection of a limited number of HMS, including tunas, swordfish, billfishes, and sharks, from Federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific research, data collection, the investigation of bycatch, and public display, among other things. LOAs acknowledge that scientific research activity aboard a scientific research vessel is being conducted. Generally, EFPs and related permits would be valid from the date of issuance through December 31, 2020, unless otherwise specified, subject to the terms and conditions of individual permits. This notice also schedules a public webinar/conference call for applicants, during which NMFS will provide a general overview of the EFP program and hold a question and answer session.

NMFS implements an accountability measure (AM) for commercial king mackerel in the western zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary rule. NMFS has determined that the commercial quota for king mackerel in the western zone of the Gulf EEZ will be reached by November 21, 2019. Therefore, NMFS closes the western zone of the Gulf EEZ to commercial king mackerel fishing on November 21, 2019. This closure is necessary to protect the Gulf king mackerel resource.

Notice is hereby given that permits or permit amendments have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable.

The SEDAR 64 stock assessment process for Southeastern U.S. yellowtail snapper will consist of a Data Workshop, a series of assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

The Caribbean Fishery Management Council will hold its 168th meeting in December to discuss the items contained in the agenda in the SUPPLEMENTARY INFORMATION.

NMFS is transferring 53.2 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category, to account for an accrued overharvest of 33.7 mt from previous time period subquotas. This action is intended to provide opportunities for General category fishermen to participate in the December General category fishery, which is scheduled to reopen on December 1, 2019, and is based on consideration of the regulatory determination criteria regarding inseason adjustments. This action would affect Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels with a commercial sale endorsement when fishing commercially for BFT.

In this rule NMFS implements Amendment 28 to the Pacific Coast Groundfish Fishery Management Plan, changing closed areas that affect commercial vessels fishing with bottom contacting gear in Federal waters off of Washington, Oregon, and California under the Pacific Coast Groundfish Fishery Management Plan. The final rule establishes new and revised areas closed to bottom trawling to conserve and protect Pacific coast groundfish essential fish habitat, and re-open areas that were closed to bottom trawling to rebuild previously-overfished groundfish stocks. Combined, these two changes increase protections for groundfish essential fish habitat and provide additional flexibility to participants fishing with bottom trawl gear in the groundfish trawl rationalization program. Amendment 28 also closes deep-water areas off the coast of California to bottom contacting gear to protect deep-water habitats, including deep-sea corals, under fishery management plan discretionary provisions in the Magnuson-Stevens Fishery Conservation and Management Act.

NMFS has received a request from Jordan Cove Energy Project, LP (JCEP) for authorization to take marine mammals incidental to construction of the Jordan Cove Liquified Natural Gas (LNG) terminal and ancillary projects. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) allowing JCEP to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible 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 authorizations and agency responses will be summarized in the final notice of our decision. This project is being tracked on the Fast Act Permitting Dashboard which can be accessed at https://www.permits.performance.gov/permitting-projects/ jordan-cove-lng-terminal-and-pacific-connector-gas-pipeline.

The Mid-Atlantic Fishery Management Council (Council) will hold public meetings of the Council and its Committees.

The North Pacific Fishery Management Council (Council) and its advisory committees will meet in December.

This notice announces the availability for public comment of the NOAA Unmanned Systems, Artificial Intelligence, `Omics, and Cloud draft strategies. These strategies are intended to dramatically expand our application of these four emerging science and technology focus areas by improving the efficiency, effectiveness and coordination of their development and usage across the agency.

The Pacific Fishery Management Council's (Pacific Council) Southern Resident Killer Whale (SRKW) Workgroup (Workgroup) will host a webinar, which is open to the public.