National Oceanic and Atmospheric Administration – Federal Register Recent Federal Regulation Documents
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RIN 0648-BK44
This final rule makes editorial corrections to the regulations for Atlantic highly migratory species (HMS). This final rule corrects citations that are currently incorrect due to changes to references in other parts of the regulations. In addition, this final action corrects minor technical items in the regulations that are missing, inconsistent, or incorrect, and also clarifies extraneous language to make the regulations more readable. The rule is administrative in nature and does not make any change with substantive effect to the regulations for HMS fisheries.
Draft Revised Management Plan for the Chesapeake Bay Virginia National Estuarine Research Reserve
The National Oceanic and Atmospheric Administration (NOAA) is soliciting comments from the public regarding a proposed revision of the management plan for the Chesapeake Bay Virginia National Estuarine Research Reserve (NERR or Reserve). A management plan provides a framework for the direction and timing of a reserve's programs; allows reserve managers to assess a reserve's success in meeting its goals and to identify any necessary changes in direction; and is used to guide programmatic evaluations of the reserve. Plan revisions are required of each reserve in the National Estuarine Research Reserve System at least every five years. This draft revised plan is intended to replace the plan approved in 2008.
Evaluation of National Estuarine Research Reserve; Public Meeting; Request for Comments
The National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management will hold a public meeting to solicit comments on the performance evaluation of the South Slough National Estuarine Research Reserve.
Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Electronic Monitoring Program Regulations for Bottom Trawl and Non-Whiting Midwater Trawl Vessels
This proposed rule would implement electronic monitoring (EM) program regulations for vessels using groundfish bottom trawl and non- whiting midwater trawl gear in the Pacific Coast Groundfish Trawl Catch Share Program. The proposed action would allow vessels using bottom trawl and non-whiting midwater trawl gear to use EM in place of human observers to meet requirements for 100 percent at-sea catch monitoring. The proposed action is intended to increase operational flexibility and reduce monitoring costs for vessels in the groundfish trawl fishery. The proposed rule would also revise some existing regulations for EM vessels and EM service providers to clarify and streamline EM program requirements.
Determination Regarding Review of Nomination for Hudson Canyon National Marine Sanctuary
In January 2022, the National Oceanic and Atmospheric Administration (NOAA) requested written comments to facilitate the five-year review of the nomination for Hudson Canyon National Marine Sanctuary (NMS). NOAA requested relevant and new information pertaining to its 11 sanctuary nomination evaluation criteria. In particular, NOAA sought any additional details about the area's natural or cultural resources, emerging threats to these resources, and evolving management efforts or human uses in the proposed area (e.g., wind energy proposals). After reviewing the information gathered through the public process and completing an internal analysis of readily-available and relevant information on the proposed area, NOAA has determined the Hudson Canyon NMS nomination will remain on the inventory until at least February 23, 2027.
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council (Council)'s Executive Committee will hold a webconference March 14, 2022.
Western Pacific Fishery Management Council; Public Meetings
The Western Pacific Fishery Management Council (Council) will hold its 143rd Scientific and Statistical Committee (SSC), Pelagic and International Standing Committee, Executive and Budget Standing Committee, and 190th Council meetings to take actions on fishery management issues in the Western Pacific Region.
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council (Council) Bering Sea Fishery Ecosystem Plan Climate Change Taskforce will meet March 15, 2022 through March 17, 2022.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public joint meeting of its Habitat Committee 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.
Caribbean Fishery Management Council; Public Meeting; Correction
The National Marine Fisheries Service published a document in the Federal Register of February 23, 2022, regarding a meeting of the Caribbean Fishery Management Council's (Council) Ecosystem-Based Fishery Management Technical Advisory Panel (EBFM TAP). The document omitted a meeting location.
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Amendment 23
NMFS proposes to approve, and implement through regulations, measures included in Amendment 23 to the Northeast Multispecies Fishery Management Plan, which the New England Fishery Management Council adopted and submitted to NMFS for approval. This action would adjust the existing industry-funded at-sea monitoring program for groundfish sectors to improve the accuracy of collected catch data (landings and discards) and catch accounting. The measures selected by the New England Fishery Management Council in Amendment 23 are intended to ensure there is a precise and accurate representation of catch to set catch limit levels that prevent overfishing and determine when catch limits are exceeded.
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Possession and Trip Limit Increases for the Common Pool Fishery
This action increases the possession and trip limits of Gulf of Maine cod, Cape Cod/Gulf of Maine yellowtail flounder, and witch flounder for Northeast multispecies common pool vessels for the remainder of the 2021 fishing year. This action will provide the common pool fishery greater opportunity to harvest, but not exceed, the annual quotas for these stocks.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From NY to MA
NMFS announces that the State of New York is transferring a portion of its 2022 commercial summer flounder quota to the Commonwealth of Massachusetts. This adjustment to the 2022 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised 2022 commercial quotas for New York and Massachusetts.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From NC to VA
NMFS announces that the State of North Carolina is transferring a portion of its 2022 commercial summer flounder quota to the Commonwealth of Virginia. This adjustment to the 2022 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised 2022 commercial quotas for North Carolina and Virginia.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Survey Working Group 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 Northeastern United States; Atlantic Spiny Dogfish Fishery; 2022 Specifications and Trip Limit Adjustment
NMFS proposes Atlantic spiny dogfish specifications for the 2022 fishing year, and an adjustment to the commercial trip limit, as recommended by the Mid-Atlantic and New England Fishery Management Councils. This action is necessary to establish allowable harvest levels and other management measures to prevent overfishing while enabling optimum yield, using the best scientific information available. This rulemaking also informs the public of the proposed fishery action and provides an opportunity for comment.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Committee 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.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
The Scientific and Statistical Committee (SSC) of the Mid- Atlantic Fishery Management Council (Council) will hold a meeting.
Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration. The Exempted Fishing Permit would allow commercial fishing vessels to fish outside fishery regulations in support of research conducted by the applicant. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits.
Marine Mammals; File No. 25843
Notice is hereby given that Peggy Stap, Marine Life Studies, 6 Carlton Drive, Del Rey Oaks, CA 93940, has applied in due form for a permit to conduct research on marine mammals.
Marine Mammals; File No. 26269
Notice is hereby given that Changqun Zhang, Texas A&M University at Galveston, 200 Seawolf Parkway, Galveston, TX 77553, has applied in due form for a permit to import finless porpoises (Neophocaena asiaeorientalis sunameri) parts for scientific research.
Marine Mammals; File No. 26375
Notice is hereby given that Jay Rotella Ph.D., Montana State University, 310 Lewis Hall, Bozeman, MT 59717, has applied in due form for a permit to conduct research on Weddell seals (Leptonychotes weddellii).
Notice of Availability of the Deepwater Horizon Oil Spill Alabama Trustee Implementation Group Weeks Bay Land Acquisition (Lloyd Tract) Project: Supplemental Restoration Plan and Environmental Assessment and Finding of No Significant Impact
In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act (NEPA), and a Consent Decree with BP Exploration & Production Inc. (BP), the Deepwater Horizon (DWH) Federal and State natural resource trustee agencies for the Alabama Trustee Implementation Group (Alabama TIG) have prepared a ``Final Weeks Bay Land Acquisition (Lloyd Tract) Project: Supplemental Restoration Plan and Environmental Assessment (Supplemental RP/EA) and Finding of No Significant Impact (FONSI)''. The Supplemental RP/EA describes the restoration project alternatives considered by the Alabama TIG to provide for additional restoration benefits for Wetlands, Coastal, and Nearshore Habitats (WCNH) in the Alabama Restoration Area by replacing the Harrod Tract acquisition and management project approved in the ``Deepwater Horizon Oil Spill Alabama Trustee Implementation Group Final Restoration Plan II and Environmental Assessment: Restoration of Wetlands, Coastal, and Nearshore Habitats; Habitat Projects on Federally Managed Lands; Nutrient Reduction (Nonpoint Source); Sea Turtles; Marine Mammals; Birds; and Oysters (Alabama TIG RP II/EA)'' with the acquisition and management of another property (Lloyd Tract) in the Weeks Bay watershed. The Alabama TIG evaluated its alternatives under criteria set forth in the OPA natural resource damage assessment (NRDA) regulations, and evaluated the environmental consequences of the restoration alternatives in accordance with NEPA. The purpose of this notice is to inform the public of the availability of the Final Supplemental RP/EA and FONSI.
Notice of Availability of the Deepwater Horizon Oil Spill Alabama Trustee Implementation Group Draft Swift Tract Living Shoreline Supplemental Environmental Assessment
In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act (NEPA), and a Consent Decree with BP Exploration & Production Inc. (BP), the Deepwater Horizon (DWH) Federal natural resource trustee agencies for the Alabama Trustee Implementation Group (Alabama TIG) have prepared a Draft Swift Tract Living Shoreline Supplemental Environmental Assessment (Draft Supplemental EA). This Draft Supplemental EA evaluates the proposed removal of rocks from the bay bottom near the Swift Tract project action area and the placement of the removed rocks on a nearby breakwater. The proposed action falls within the general scope of the purpose and need for the original project, Swift Tract Living Shoreline, identified in the Deepwater Horizon Oil Spill Programmatic and Phase III Early Restoration Plan and Early Restoration Programmatic Environmental Impact Statement (Phase III ERP/PEIS) and is consistent with the Deepwater Horizon Oil Spill Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (PDARP/PEIS), as it focuses on the restoration of injuries to Alabama's natural resources and servicesin particular to Restoration Type: ``Wetlands, Coastal, and Nearshore Habitats,'' using funds made available in early restoration and through the DWH Consent Decree (see Final PDARP/PEIS [DWH Trustees 2016: Chapter 10]). The Alabama TIG evaluated the environmental consequences of the alternatives in accordance with NEPA. The purpose of this notice is to inform the public of the availability of the Draft Supplemental EA and to seek public comments on the document.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that the Hoopa Valley Tribe has provided a Tribal Resource Management Plan (TRMP) to NMFS pursuant to the limitation on take prohibitions for actions conducted under Tribal Plans promulgated under the Endangered Species Act (ESA). The TRMP specifies harvest, research, and monitoring activities for tribal fisheries affecting ESA-listed Southern Oregon/Northern California Coast coho salmon in the portion of the Trinity River within the Hoopa Valley Reservation. NMFS has prepared a Proposed Evaluation and Pending Determination (PEPD) as to whether implementation of the TRMP will appreciably reduce the likelihood of survival and recovery of ESA- listed salmon and steelhead and an Environmental Assessment (EA) on the NMFS determination. Notice is hereby given that the PEPD and EA are available for public review and comment prior to NMFS making a final determination.
Pacific Bluefin Tuna United States Stakeholder Meeting; Meeting Announcement
NMFS announces a public meeting to discuss a Pacific bluefin tuna (PBF) long-term harvest strategy. This meeting is intended to prepare for potential discussions at the 2022 meeting of the Joint Inter-American Tropical Tuna Commission (IATTC)Western and Central Pacific Fisheries Commission (WCPFC) Northern Committee (NC) Working Group on a long-term harvest strategy for PBF fisheries across the Pacific Ocean. The meeting topics are described under the SUPPLEMENTARY INFORMATION section of this notice.
Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR Procedural Workshop 8 for Fishery Independent Index Development will consist of a series of webinars, and an in-person workshop. See SUPPLEMENTARY INFORMATION.
Caribbean Fishery Management Council; Public Meeting
The Caribbean Fishery Management Council's (Council) Ecosystem-Based Fishery Management Technical Advisory Panel (EBFM TAP) will hold a two-day hybrid meeting to address the items on the tentative agenda included in the SUPPLEMENTARY INFORMATION.
Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 78 assessment of the South Atlantic stock of Spanish mackerel will consist of a series of assessment webinars. A SEDAR 78 Assessment Webinar 5 is scheduled for March 14, 2022. See SUPPLEMENTARY INFORMATION.
Western Pacific Fishery Management Council; Public Meetings
The Western Pacific Fishery Management Council (Council) will hold its American Samoa Fishery Archipelago Fishery Ecosystem Plan (FEP) Advisory Panel (AP), Mariana Archipelago FEP-Commonwealth of the Northern Mariana Islands (CNMI) AP, Mariana Archipelago FEP-Guam AP, Fishing Industry Advisory Committee (FIAC), and the Hawaii Archipelago FEP AP to discuss and make recommendations on fishery management issues in the Western Pacific Region.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Licensing of Private Remote-Sensing Space Systems
On February 8, 2022, the Department of Commerce, published a 60-day public comment period notice in the Federal Register with FR Document Number 2022-02601 (Pages 7156-7157) seeking public comments for an information collection entitled, ``Licensing of Private Remote Sensing Space Systems.'' This document referenced incomplete information in the ABSTRACT and DATA sections, and Commerce hereby issues a correction notice as required by the Paperwork Reduction Act of 1995.
Pacific Fishery Management Council; Public Meetings
The Pacific Fishery Management Council (Pacific Council) and its advisory entities will hold online and in-person public meetings.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Joint Ecosystem-Based Fishery Management Committee and Plan Development Team 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.
Pacific Island Fisheries; Rebuilding Plan for Guam Bottomfish
This final rule implements a rebuilding plan that includes annual catch limits (ACL) and accountability measures (AM) for the overfished bottomfish stock complex in Guam. This action is necessary to rebuild the overfished stock consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Central Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for Pacific cod by vessels using pot 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 2022 total allowable catch (TAC) of Pacific cod by vessels using pot gear in the Central Regulatory Area of the GOA.
Revisions to Framework Adjustment 61 to the Northeast Multispecies Fishery Management Plan and Sector Annual Catch Entitlements; Correction
This final rule distributes sector allocation carried over from fishing year 2020 into fishing year 2021 and corrects the regulations implementing Framework Adjustment 61 to the Northeast Multispecies Fishery Management Plan. This action is necessary to correct regulatory errors and to allocate carryover quota to sectors. The carryover adjustments are routine and formulaic, and industry expects them each year.
Pacific Halibut Fisheries; Catch Sharing Plan
NMFS proposes to approve changes to the Pacific Halibut Catch Sharing Plan for the International Pacific Halibut Commission's regulatory Area 2A off of Washington, Oregon, and California. In addition, NMFS proposes to implement management measures governing the 2022 recreational fisheries that are not implemented through the International Pacific Halibut Commission. These measures include the recreational fishery seasons, quotas, and management measures for Area 2A. These actions are intended to conserve Pacific halibut and provide angler opportunity where available.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
NMFS closes the southern area Angling category fishery for large medium and giant (``trophy'' (i.e., measuring 73 inches (185 cm) curved fork length or greater)) Atlantic bluefin tuna (BFT). This action applies to Highly Migratory Species (HMS) Angling category permitted vessels and Atlantic HMS Charter/Headboat permitted vessels when fishing recreationally.
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Atlantic Herring Fishery; Approved Industry-Funded Monitoring Service Providers
NMFS has approved four companies to provide industry-funded monitoring services (observing, at-sea monitoring, and/or portside sampling) to Atlantic herring vessels during industry-funded monitoring years 2022-2023 (April 1, 2022, through March 31, 2024). Monitoring coverage regulations require that any entities seeking to provide monitoring services, including services for industry-funded monitoring programs, must apply for and obtain approval from NMFS. This action will allow Atlantic herring vessels to secure industry-funded monitoring services from any of the approved providers during 2022- 2023.
North Pacific Albacore United States Stakeholder Meeting; Meeting Announcement
NMFS announces a U.S. stakeholder meeting open to the public to discuss North Pacific albacore (NPALB) management. This meeting is intended to prepare for potential discussions at the 2022 annual meetings of the Inter-American Tropical Tuna Commission (IATTC) and Western and Central Pacific Fisheries Commission Northern Committee (WCPFC NC) on a harvest strategy for NPALB fisheries. The meeting topics are described under the SUPPLEMENTARY INFORMATION section of this notice.
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 2022 total allowable catch (TAC) of Pacific cod by vessels using pot gear in the Western Regulatory Area of the GOA.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
NMFS closes the General category fishery for large medium and giant (i.e., measuring 73 inches (185 cm) curved fork length or greater) Atlantic bluefin tuna (BFT) for the January through March subquota time period. This action applies to Atlantic Tunas General category (commercial) permitted vessels and HMS Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT.
Fisheries of the Northeastern United States; Framework Adjustment 34 to the Atlantic Sea Scallop Fishery Management Plan
NMFS proposes to approve and implement Framework Adjustment 34 to the Atlantic Sea Scallop Fishery Management Plan that establishes scallop specifications and other management measures for fishing years 2022 and 2023. Framework 34 would incorporate the new specifications- setting methodology and other changes developed by Amendment 21 to the Atlantic Sea Scallop Fishery Management Plan into the 2022 fishing year specifications, as well implement measures for fishing years 2022 and 2023to protect small scallops, promote scallop recruitment in the mid- Atlantic, and reduce bycatch of flatfish. This action would also address regulatory text that is unnecessary, outdated, or unclear. This action is necessary to prevent overfishing and improve both yield-per- recruit and the overall management of the Atlantic sea scallop resource.
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 Sacramento River fall-run Chinook salmon (SRFC) from regulation, as this stock has been rebuilt and is no longer required to be managed under a rebuilding plan, and would update language to reflect the 2013 merger of NMFS' Northwest Region (NWR) and Southwest Region (SWR), which created NMFS' West Coast Region (WCR).
Coastal Nonpoint Pollution Control Program: Proposal To Find That Texas Has Satisfied Conditions on Earlier Approval
The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) (hereafter, ``the agencies'') invite public comment on the agencies' proposed finding that Texas has satisfied all conditions the agencies established as part of their 2003 approval of the State's coastal nonpoint pollution control program (coastal nonpoint program). The Coastal Zone Act Reauthorization Amendments (CZARA) directs states and territories with coastal zone management programs previously approved under Section 306 of the Coastal Zone Management Act to develop and implement coastal nonpoint programs, which must be submitted to the Federal Register for approval. Prior to making such a finding, NOAA and the EPA invite public input on the agencies' rationale for this proposed finding.
Marine Mammals; File No. 26254
Notice is hereby given that the Alaska Department of Fish & Game (ADF&G), 1300 College Road, Fairbanks, AK 99701 (Responsible Party: Lori Quakenbush), has applied in due form for a permit to conduct research on ice seals in Alaska.
Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council (Council) will hold a three-day hybrid meeting for both in-person and virtual participation of its Standing, Reef Fish, Socioeconomic, and Ecosystem Scientific and Statistical Committees (SSC).
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) Ad Hoc Marine Planning Committee (MPC) will hold a public online meeting.
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