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

NMFS is adjusting the Atlantic bluefin tuna (BFT) Purse Seine and Reserve category quotas for 2018, as it has done annually since 2015. NMFS also is transferring 44.5 metric tons (mt) of BFT quota from the Reserve category to the Longline category after considering the applicable regulatory determination criteria. NMFS has decided that the quota transferred to the Longline category will be distributed to permitted Atlantic Tunas Longline vessels with recent fishing activity, rather than to all qualified Individual Bluefin Quota (IBQ) shares recipients. As a result of this transfer, each associated IBQ account will receive 1,102 lb (0.5 mt) of IBQ.

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 Minnesota Coastal Management Program.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

The South Atlantic Fishery Management Council (South Atlantic Council) submitted Amendment 43 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP) for review, approval, and implementation by NMFS. Amendment 43 would allow for the harvest of red snapper in South Atlantic Federal waters by revising red snapper commercial and recreational annual catch limits (ACL). The purpose of Amendment 43 is to minimize adverse socio-economic effects to fishermen and fishing communities that utilize red snapper as part of the snapper-grouper fishery, while preventing overfishing from occurring and continuing to rebuild the red snapper stock.

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application from the Commercial Fisheries Research Foundation and Rhode Island Department of Environmental Management contains all of the required information and warrants further consideration. This Exempted Fishing Permit would allow seven commercial fishing vessels and one party/ charter vessel to collect black sea bass catch data while on routine fishing trips. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notice to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits.

This final rule announces inseason changes to management measures in the Pacific Coast groundfish fisheries. This action, which is authorized by the Pacific Coast Groundfish Fishery Management Plan, is intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.

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 warrant further consideration. The Exempted Fishing Permit would allow commercial fishing vessels to land Atlantic halibut under the minimum size limit and in excess of the possession limit. This EFP is required to support an Atlantic halibut study by the University of Massachusetts, Dartmouth, School for Marine Science and Technology, and The Nature Conservancy to improve future halibut stock assessments. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits.

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that three exempted fishing permit applications contain all of the required information and warrant further consideration. These exempted fishing permits would authorize five commercial fishing vessels to test the economic viability of using hook gear to selectively target pollock and haddock in the Western Gulf of Maine and Cashes Ledge Closure Areas (excluding the Cashes Ledge Habitat Management Area), and to temporarily retain undersized catch for measurement and data collection. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed exempted fishing permits.

The Acting Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an exempted fishing permit application submitted by The Nature Conservancy contains all of the required information and warrants further consideration. This exempted fishing permit would allow participants to use electronic monitoring systems in lieu of at- sea monitors in support of a study to develop electronic monitoring for catch monitoring in the groundfish fishery. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed 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 submitted by the Gulf of Maine Research Institute contains all of the required information and warrants further consideration. The exempted fishing permit would allow the use of electronic monitoring to support testing a maximized retention model in the groundfish fishery. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits.

NMFS proposes small-mesh multispecies specifications for fishing years 2018-2020 and corrects a regulatory error from a previous rulemaking action. The specifications are intended to establish allowable catch limits for each stock within the fishery to control overfishing while allowing optimum yield. This action also informs the public of the proposed fishery specifications and regulatory correction, and provides an opportunity for comment.

The SEDAR 61 stock assessment process for Gulf of Mexico red grouper will consist of an In-person Workshop, and a series of data and assessment webinars. See SUPPLEMENTARY INFORMATION.

The Western Pacific Fishery Management Council (Council) will convene a meeting of its Archipelagic Fishery Ecosystem Plan Team (FEP) and the Fishery Data Collection and Research CommitteeTechnical Committee (FDCRC-TC). The Archipelagic FEP Team will review the fishery performance, ecosystem consideration, and data integration chapter of the Stock Assessment and Fishery Evaluation (SAFE) Report for the Western Pacific region, conduct the evaluation of the 2017 catches to the 2017 Annual Catch Limits (ACL) for the coral reef, crustacean, and Territory bottomfish fisheries, review of the ecosystem component action, aquaculture, and crustacean Essential Fish Habitat (EFH) review. The FDCRC-TC will review the status of the data collection improvement efforts in the Western Pacific region, progress on the Pacific Island Fisheries Research Program, discuss the collection of fisheries data for management unit species (MUS) and Ecosystem Component Species (ECS), and the implementation of the Marine Recreational Information Program (MRIP)Pacific Islands Regional Implementation Plan (PIRIP).

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

The South Atlantic Fishery Management Council (Council) will hold a meeting of its Scientific and Statistical Committee (SSC) in Charleston, SC.

NMFS has received a request from the Alaska Gasline Development Corporation (AGDC) for authorization to take, by harassment, marine mammals incidental to constructing an integrated liquefied natural gas (LNG) project in Cook Inlet, Alaska, beginning November 2019 and continuing through October 2024. Pursuant to the implementing regulations of the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of the AGDC's request for regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the AGDC's application and request.

This action implements an Omnibus Framework Adjustment to the Mid-Atlantic Fishery Management Council's acceptable biological catch setting process, allows for adoption of peer-reviewed scientific information more quickly, and clarifies language in the Council's catch control rules. This action is necessary to provide an additional approach in catch setting that will help bring stability to quotas, ensure the best available scientific information is more readily available, and clarify existing control rule language. The intended effect of this action is to inform the public of these changes to the Council's catch setting control rules and process.

The Western Pacific Fishery Management Council (Council) will hold its Marine Planning and Climate Change Committee (MPCCC) meeting to review relevant sections of the draft 2017 annual Stock Assessment and Fishery Evaluation (SAFE) report for the Pacific Pelagic Fishery Ecosystem Plan (FEP), American Samoa Archipelago FEP, Hawaii FEP, Mariana Archipelago FEP and Pacific Remote Island Areas (PRIA) FEP. The MPCCC will also receive updates on matters related to fishery management and may make recommendations on these topics.

NMFS prepared an analysis of a final rule (Analysis) to prohibit the use of hired masters for sablefish catcher vessel quota shares received by transfer after February 12, 2010, in response to a November 16, 2016, order from the United States District Court, Western District of Washington (Fairweather Fish, Inc. et al. vs. Pritzker et al., Case No. 3:14-cv-05685-BHS). The Analysis describes the factors that NMFS considered in its determination that the final rule is consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) National Standards, subject to further consideration after public comment. NMFS requests public comment on the Analysis for consideration in its final determination of the consistency of the final rule with the Magnuson-Stevens Act National Standards.

This action implements approved regulations for the New England Fishery Management Council's Omnibus Essential Fish Habitat Amendment 2. This rule revises essential fish habitat and habitat area of particular concern designations, revises or creates habitat management areas, including gear restrictions, to protect vulnerable habitat from fishing gear impacts, establishes dedicated habitat research areas, and implements several administrative measures related to reviewing these measures, as well as other regulatory adjustments to implement these measures. This action is necessary to comply with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act to periodically review essential fish habitat designations and protections. The measures are designed to minimize to the extent practicable the adverse effects of fishing on essential fish habitat.

The South Atlantic Fishery Management Council (Council) will hold a joint meeting of its Golden Crab Advisory Panel and Deepwater Shrimp Advisory Panel in Daytona Beach, FL.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the B season apportionment of the 2018 Pacific cod total allowable catch allocated to catcher vessels using trawl gear in the BSAI.

NMFS proposes to implement management measures described in the For-hire Reporting Amendment, as prepared and submitted by the South Atlantic Fishery Management Council (South Atlantic Council) and Gulf of Mexico (Gulf) Fishery Management Council (Gulf Council). 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 the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP). If implemented, this proposed rule would establish new, and revise existing, electronic reporting requirements for federally permitted charter vessels and headboats (for-hire vessels), respectively. This proposed rule 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 proposed rule would also reduce the time allowed for headboats to submit an electronic fishing report. The purpose of this proposed rule 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.