National Oceanic and Atmospheric Administration March 2018 – Federal Register Recent Federal Regulation Documents

On February 9, 2018, Congress passed the Bipartisan Budget Act of 2018 (Budget Act), which included a requirement that the Secretary of Commerce, as delegated to the Assistant Administrator of the National Marine Fisheries Service (NMFS), issue a waiver of the Marine Mammal Protection Act (MMPA) moratorium and prohibitions for the Mid- Barataria Sediment Diversion, Mid-Breton Sound Sediment Diversion, and the Calcasieu Ship Channel Salinity Control Measures projects, as selected in the Louisiana Comprehensive Master Plan for a Sustainable Coast. NMFS has issued the waiver.

NMFS is implementing this interim final rule to establish regulations for 2018 Pacific halibut catch limits in the following International Pacific Halibut Commission (IPHC) Regulatory Areas: Area 2C (Southeast Alaska), Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of Alaska), and Area 4 (subdivided into five areas, 4A through 4E, in the Bering Sea and Aleutian Islands of Western Alaska). This interim final rule revises a catch sharing plan (CSP) for guided sport (charter) and commercial individual fishing quota (IFQ) halibut fisheries in Area 2C and Area 3A, revises regulations applicable to the charter halibut fisheries in Area 2C and Area 3A, and revises a CSP for the commercial IFQ and Western Alaska Community Development Quota (CDQ) halibut fisheries in Areas 4C, 4D, and 4E. This action is necessary because the IPHC, at its annual meeting, did not recommend new catch limits or specific CSP allocations and charter management measures for Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E for 2018, and the 2017 IPHC regulations are in effect until superseded. This interim final rule is necessary because immediate action is needed to ensure that halibut catch limits, charter halibut fishery management measures, and CSP allocations are in place at the start of the commercial IFQ and CDQ halibut fishery on March 24, 2018, that better protect the declining Pacific halibut resource. This action is intended to enhance the conservation of Pacific halibut and is within the authority of the Secretary of Commerce (Secretary) to establish additional regulations governing the taking of halibut which are more restrictive than those adopted by the IPHC.

NMFS announces the receipt of five applications for exempted fishing permits (EFPs) from the Florida Fish and Wildlife Conservation Commission (FWC), Alabama Department of Conservation and Natural Resources (ADCNR), Mississippi Department of Marine Resources (MDMR), Louisiana Department of Wildlife and Fisheries (LDWF), and Texas Parks & Wildlife Department (TPWD). If granted, the EFPs would authorize the applicants, with certain conditions, to set the season(s) for red snapper caught by the private angling component, the Federal charter vessel/headboat (for-hire) component, or both, as applicable, and landed in each respective state. The EFPs would do so by exempting persons from the annual closed Federal fishing seasons if they are landing red snapper in the participating states during the states' open seasons as set by those states, and described in more detail below. These annual closed Federal fishing seasons are the seasonal closure for red snapper which is January 1 through May 31 each year, and the closures that occur based on when NMFS projects that the red snapper annual catch targets will be reached. The private angling component includes state-permitted for-hire vessels and any red snapper landings by these for-hire vessels would be counted against the private angling component quota. However, these state-permitted for-hire vessels would not be able to fish in Federal waters. NMFS would set separate Federal seasons for Federally permitted for-hire vessels and private-anglers not covered by any EFP. Red snapper landings would be monitored by the respective states and the state seasons set under the EFPs would close when a state's assigned quota is reached, or projected to be reached. These studies, to be conducted in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf), are intended to test the effectiveness of Gulf state management of recreationally caught red snapper. This notice is republished in its entirety and serves to correct information previously published in the Federal Register on March 12, 2018, concerning FWC, ADCNR, and TPWD application details.

NMFS has received a request from the U.S. Army Corps of Engineers, Jacksonville District, (USACE) for authorization to take marine mammals incidental to confined blasting in the East Channel of the Big Bend Channel in Tampa Harbor, Tampa, Florida. 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 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.

The Gulf of Mexico Fishery Management Council will hold a one- day meeting of its Shrimp Advisory Panel.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels greater than or equal to 50 feet length overall (LOA) using hook-and-line 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 2018 Pacific cod total allowable catch apportioned to catcher vessels greater than or equal to 50 feet LOA using hook-and-line gear in the Central Regulatory Area of the GOA.

The North Pacific Fishery Management Council (Council) and its advisory committees will meet April 2 through April 10, 2018, in Anchorage, AK.

The Advisory Committee on Commercial Remote Sensing (``ACCRES'' or ``the Committee'') will meet April 3, 2018.

NMFS is publishing its final 2017 List of Foreign Fisheries (LOFF), as required by the regulations implementing the Fish and Fish Product Import Provisions of the Marine Mammal Protection Act (MMPA). The final LOFF reflects new information received during the comment period on interactions between commercial fisheries exporting fish and fish products to the United States and marine mammals, and updates and revisions to the draft LOFF. NMFS has classified each commercial fishery on the final LOFF into one of two categories, either ``export'' or ``exempt'', based upon frequency and likelihood of incidental mortality and serious injury of marine mammals likely to occur incidental to each fishery. The classification of a fishery on the final LOFF determines which regulatory requirements will be applicable to that fishery for it to receive a comparability finding necessary to export fish and fish products to the United States from that fishery. The final LOFF can be found at: https:// www.fisheries.noaa.gov/foreign/international-affairs/list-for eign- fisheries

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application submitted by the Northeast Fisheries Science Center contains all of the required information and warrants further consideration. This Exempted Fishing Permit would exempt participating vessels from the following types of fishery regulations: Minimum fish size restrictions; fish possession limits; and, in limited situations for research purposes only, retaining and landing prohibited fish species. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notice to provide interested parties the opportunity to comment on Exempted Fishing Permit applications.

NMFS is reducing the Atlantic herring possession limit for federally permitted vessels fishing with midwater trawl gear in the Mid-Atlantic/Southern New England Catch Cap Closure Area, based on a projection that the threshold catch for the corresponding catch cap area has been reached. This action is necessary to comply with the regulations implementing the Atlantic Herring Fishery Management Plan and is intended to limit the harvest of river herring and shad in the Mid- Atlantic/Southern New England Catch Cap Area.

NMFS is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the B season allowance of the 2018 total allowable catch of pollock for Statistical Area 610 in the GOA.

The South Atlantic Fishery Management Council (South Atlantic Council) and Gulf of Mexico (Gulf) Fishery Management Council (Gulf Council) have submitted the For-hire Reporting Amendment for review, approval, and implementation by NMFS. The For-hire Reporting Amendment includes Amendment 27 to the Fishery Management Plan (FMP) for Coastal Migratory Pelagic (CMP) Resources of the Gulf and Atlantic Region (CMP FMP), Amendment 9 to the FMP for the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin Wahoo FMP), and Amendment 39 to the FMP for Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP). If approved by the Secretary of Commerce, the For-hire Reporting Amendment would establish new, and revise existing, electronic reporting requirements for federally permitted charter vessels and headboats (for-hire vessels), respectively. The For-hire Reporting Amendment would require a charter vessel with a Federal charter vessel/ headboat permit for Atlantic CMP, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper species to submit an electronic fishing report weekly, or at shorter intervals if notified by NMFS, through NMFS approved hardware and software. The For-hire Reporting Amendment would also reduce the time allowed for headboats to submit an electronic fishing report. The purpose of the For-hire Reporting Amendment is to increase and improve fisheries information collected from federally permitted for-hire vessels in the Atlantic. The information is expected to improve recreational fisheries management of the for-hire component in the Atlantic.

The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Monday, 9 April, 2018 from 9:45 a.m. EDT to 5:00 p.m. EDT and on Tuesday, April 10, 2018 from 9:00 a.m. EDT to 11:40 p.m. EDT. These times and agenda topics described below are subject to change. Please refer to the web page www.sab.noaa.gov/SABMeetings.aspx for the most up-to-date meeting times and agenda. Place: The meeting will be held at The Westin DC City Center, 1400 M Street NW, Washington, DC. Status: The meeting will be open to public participation with a 15- minute public comment period on April 9 from 4:45-5:00 p.m. EDT (check website to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of three (3) minutes. Individuals or groups planning to make a verbal presentation should contact the SAB Executive Director by April 2, 2018 to schedule their presentation. Written comments should be received in the SAB Executive Director's Office by April 2, 2018, to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after April 2nd, will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seating at the meeting will be available on a first-come, first-served basis. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for special accommodations may be directed no later than 12:00 p.m. on April 2, 2018, to Dr. Cynthia Decker, SAB Executive Director, SSMC3, Room 11230, 1315 East-West Highway, Silver Spring, MC 20910; Email: Cynthia.Decker@noaa.gov. Matters To Be Considered: The meeting will include the following topics: (1) SAB Biennial Work Plan: Discussion to Date and Discussion of Next Steps on SAB Biennial Work Plan; (2) Discussion of SAB Report on Arctic Research Review; (3) Discussion of SAB Report on Emerging Technologies for NOAA Ocean Research, Operations and Management in the Ecosystem Context; (4)Presentation of National Academy of Sciences Report: ``Thriving on Our Changing PlanetA Decadal Strategy of Earth Observations from Space''; (5) Presentation of Report from the Environmental Information Services Working Group (EISWG); (6) Updates to the Terms of Reference (TOR) for Climate, Data Archive and Access and Environmental Information Systems Working Groups; and (7) Updates from the Acting NOAA Administrator and Acting Chief Scientist.

NMFS is prohibiting directed fishing for pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the B season allowance of the 2018 total allowable catch of pollock for Statistical Area 630 in the GOA.

NMFS is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2018 total allowable catch of pollock for Statistical Area 610 in the GOA.

NMFS is closing the commercial fishery for blacktip sharks, aggregated large coastal sharks (LCS), and hammerhead shark management groups in the western Gulf of Mexico sub-region. This action is necessary because the commercial landings of sharks in the aggregated LCS management group in the western Gulf of Mexico sub-region for the 2018 fishing season has reached 80 percent of the available commercial quota as of March 8, 2018, and the aggregated LCS and hammerhead shark management groups are quota-linked under the regulations. The blacktip shark fishery in the western Gulf of Mexico sub-region will be closed to help minimize regulatory discards of sharks in the aggregated LCS management group in the western Gulf of Mexico sub-region, since LCS are often caught in conjunction with blacktip sharks in the commercial shark fisheries. This closure will affect anyone commercially fishing for sharks in the western Gulf of Mexico sub-region.

This final rule implements the management measures contained in Framework Adjustment 2 to the Tilefish Fishery Management Plan and adjusts the 2018 specifications for this fishery. The Mid-Atlantic Fishery Management Council developed Framework Adjustment 2 to improve and simplify the administration of the golden tilefish fishery. These changes include removing an outdated reporting requirement, proscribing allowed gear for the recreational fishery, modifying the commercial incidental possession limit, requiring commercial golden tilefish be landed with the head and fins attached, and revising how assumed discards are accounted for when setting harvest limits. Based on new regulations implemented by this rule, this action updates previously published specifications for the commercial golden tilefish fishery for 2018 and projected specifications for 2019 and 2020.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Skate Committee 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.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Committee 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.

The Gulf of Mexico Fishery Management Council will hold a two day meeting of its Standing, Reef Fish, Shrimp, and Socioeconomics Scientific and Statistical Committees (SSC).

The New England Fishery Management Council's is convening an ad-hoc sub-panel of its Scientific and Statistical Committee to peer review two reports.

The South Atlantic Fishery Management Council (Council) will hold meetings of the following Citizen Science Advisory Panel Action Teams: Volunteers; Communication/Outreach/Education; Projects/Topics Management; and Data Management via webinar.