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

NMFS announces that the Hawaii Longline Association (HLA) has applied for an experimental fishing permit (EFP) to test tori lines (bird scaring devices) in the Hawaii shallow-set longline fishery for swordfish. The intent of the EFP is to test new ways to discourage seabird interactions that also increase operational flexibility.

NMFS, upon request of the U.S. Navy (Navy), hereby issues regulations to govern the unintentional taking of marine mammals incidental to construction activities for bulkhead replacement and repairs at Naval Station Newport (NAVSTA Newport) over the course of five years (2022-2027). These regulations, which allow for the issuance of a Letter of Authorization (LOA) for the incidental take of marine mammals during the described activities and specified timeframes, 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 announces that the State of North Carolina is transferring a portion of its 2021 commercial summer flounder quota to the Commonwealth of Virginia. This adjustment to the 2021 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 2021 commercial quotas for North Carolina and Virginia.

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.

Notice is hereby given of a meeting of the Sanctuary System Business Advisory Council (council). The meeting is open to the public, and an opportunity for oral and written comments will be provided.

The Regional Administrator, West Coast Region, NMFS, has made a preliminary determination that applications received from Exempted Fishing Permit (EFP) sponsors to renew the Electronic Monitoring EFP program warrant further consideration. NMFS requests public comment on the applications.

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

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to Ice Exercise 2022 (ICEX22) north of Prudhoe Bay, Alaska. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible one-time, 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 authorization and agency responses will be summarized in the final notice of our decision. The Navy's activities are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (2004 NDAA).

This emergency rule temporarily reopens the 2021 sablefish primary fishery for vessels using pot/trap gear effective December 10, 2021, to December 31, 2021. This action is necessary to provide operational flexibility so that vessels in the sablefish primary fishery are able to fully harvest their tier limits despite high economic uncertainty in 2021.

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.

The Gulf of Mexico (Gulf) Fishery Management Council (Council) has submitted Amendment 53 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce (Secretary), Amendment 53 would modify the allocation of Gulf red grouper catch between the commercial and recreational sectors, specify a new overfishing limit (OFL) and acceptable biological catch (ABC), and revise sector annual catch limits (ACLs) and annual catch targets (ACTs). The purposes of Amendment 53 are to revise the red grouper sector allocations using the best scientific information available and to modify the allowable harvest of red grouper based on results of the recent stock assessment.

The Pacific Fishery Management Council's (Pacific Council) will host an online meeting of the Area 2A Pacific halibut governmental management entities that is open to the public.

Notice is hereby given that Ocean Futures Society, 513 De La Vina Street, Santa Barbara, CA 93101 (Responsible Party: Jean-Michel Cousteau), has applied in due form for a permit to conduct commercial or educational photography on humpback whales (Megaptera novaeangliae), bottlenose dolphins (Tursiops truncatus), spinner dolphins (Stenella longirostris), and pantropical spotted dolphins (S. attenuata).

NMFS issues this temporary rule for a period of 30 days, to allow shrimp fishers to use limited tow times as an alternative to Turtle Excluder Devices (TEDs) in specific Louisiana State waters (from 91[deg]23' West longitude eastward to the Louisiana/Mississippi border, and seaward out 3 nautical miles (5.6 kilometers)). This action is necessary because environmental conditions resulting from Hurricane Ida are preventing fishers from using TEDs effectively.

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.

NMFS announces that the states of New Jersey, Delaware, and New Hampshire are transferring a portion of their 2021 commercial bluefish quota to the states of New York, North Carolina, and Rhode Island, respectively. These quota adjustments are necessary to comply with the Atlantic Bluefish Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial bluefish quotas for New Jersey, New York, Delaware, North Carolina, New Hampshire, and Rhode Island.

NMFS proposes 2022 and 2023 harvest specifications, apportionments, and prohibited species catch allowances for the groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to establish harvest limits for groundfish during the 2022 and 2023 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). The 2022 harvest specifications supersede those previously set in the final 2021 and 2022 harvest specifications, and the 2023 harvest specifications will be superseded in early 2023 when the final 2023 and 2024 harvest specifications are published. The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

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 2 is scheduled for January 5, 2022. See SUPPLEMENTARY INFORMATION.

We, NMFS, have completed a comprehensive status review under the Endangered Species Act (ESA) for the black teatfish (Holothuria nobilis). After reviewing the best scientific and commercial data available, including the H. nobilis Status Review Report, we have determined that listing H. nobilis as a threatened or endangered species under the ESA is not warranted at this time.

NMFS proposes Atlantic bluefish specifications for the 2022 fishing year, and projected specifications for fishing year 2023, as recommended by the Mid-Atlantic Fishery Management Council. This action is necessary to establish allowable harvest levels to prevent overfishing while enabling optimum yield, using the best scientific information available. This rule also informs the public of the proposed fishery specifications and provides an opportunity for comment.

This announcement provides notice that the decision record has closed for an administrative appeal filed by Norwalk Cove Marina, Inc. (Appellant) under the Coastal Zone Management Act of 1972 (CZMA). Appellant has requested that the National Oceanic and Atmospheric Administration (NOAA) Administrator, pursuant to authority delegated by the Secretary of Commerce to decide CZMA federal consistency appeals, override an objection by the New York State Department of State to a consistency certification for a proposed project to dispose of dredged material at the Central Long Island Sound Disposal Site.

NMFS is closing the Atlantic herring fishery and implementing a 2,000-lb (907.2-kg) possession limit for herring in all Herring Management Areas. This is required because NMFS projects that herring catch will reach 95 percent of the annual catch limit before the end of the fishing year. This action is intended to prevent overharvest of herring, which would result in additional catch limit reductions in a subsequent year.

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) Program in the Bering Sea Aleutian Islands (BSAI) management area. The fee percentage for 2021 is 1.43 percent for the Amendment 80 Program, 0.25 percent for the AFA inshore cooperatives, zero percent for the AIP program, and 0.83 percent for the CDQ Program. This notice is intended to provide the 2021 standard prices and fee percentages to calculate the required payment for cost recovery fees due by December 31, 2021.

The National Oceanic and Atmospheric Administration (NOAA) has prepared a draft management plan as part of the Stellwagen Bank National Marine Sanctuary (SBNMS or sanctuary) management plan review pursuant to the National Marine Sanctuaries Act. The draft management plan, which would update the 2010 sanctuary management plan, addresses current and emerging threats in SBNMS and reflects changes in new science and technologies, how people use the sanctuary, and community needs. The draft management plan supports continued protection of sanctuary resources through enforcement of existing sanctuary regulations, education and outreach strategies that promote ocean stewardship, and community engagement. Consistent with the information provided in the 2020 Notice of Intent, NOAA is not proposing modifications to the sanctuary regulations at this time, but may consider regulatory changes in the future. NOAA also prepared an environmental assessment, which evaluates the environmental impacts of implementing the draft management plan and ongoing field activities. NOAA is soliciting public comments on the draft updated management plan and environmental assessment at this time.