National Oceanic and Atmospheric Administration May 2018 – Federal Register Recent Federal Regulation Documents
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Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Yellowtail Snapper
NMFS implements an accountability measure (AM) for the commercial sector for yellowtail snapper in the South Atlantic exclusive economic zone (EEZ). NMFS projects that commercial landings of yellowtail snapper will reach the commercial annual catch limit (ACL) for the August 2017 through July 2018 fishing year by June 5, 2018. Therefore, NMFS closes the commercial sector for yellowtail snapper in the South Atlantic EEZ on June 5, 2018, and it will remain closed until August 1, 2018, the start of the August 2018 through July 2019 fishing year. This closure is necessary to protect the South Atlantic yellowtail snapper resource.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Casitas Pier Fender Pile Replacement
NMFS has received a request from Venoco, LLC, (Venoco) and Chevron USA, Inc., (Chevron) to transfer, from Venoco to Chevron, a Marine Mammal Protection Act (MMPA) one-year Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to the Casitas Pier Fender Pile Replacement Project, following the sale of Casitas Pier to Chevron. No other changes are proposed. NMFS is inviting comments on the proposed transfer of the Casitas Pier IHA to Chevron.
Taking and Importing of Marine Mammals
The NMFS Assistant Administrator (Assistant Administrator) has issued a five-year affirmative finding for the Government of El Salvador under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow importation into the United States of yellowfin tuna and yellowfin tuna products harvested in the eastern tropical Pacific Ocean (ETP) in compliance with the Agreement on the International Dolphin Conservation Program (AIDCP) by purse seine vessels operating under Salvadoran jurisdiction or exported from El Salvador. NMFS bases the affirmative finding determination on reviews of documentary evidence submitted by the Government of El Salvador and by information obtained from the Inter-American Tropical Tuna Commission (IATTC).
Taking and Importing of Marine Mammals
The NMFS Assistant Administrator (Assistant Administrator) has issued affirmative finding annual renewals for the Governments of Ecuador, Guatemala, Mexico, Peru, and Spain (referred to hereafter as ``The Nations'') under the Marine Mammal Protection Act (MMPA). These affirmative-finding, annual renewals will continue to allow the importation into the United States of yellowfin tuna and yellowfin tuna products harvested in the eastern tropical Pacific Ocean (ETP) in compliance with the Agreement on the International Dolphin Conservation Program (AIDCP) by purse seine vessels operating under The Nations' jurisdiction or exported from The Nations. NMFS bases the affirmative finding annual renewals on reviews of documentary evidence submitted by the Governments of The Nations and by information obtained from the Inter-American Tropical Tuna Commission (IATTC).
Proposed Information Collection; Comment Request; NOAA Satellite Ground Station Customer Questionnaire
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.
Marine Mammals; File No. 21856
Notice is hereby given that ABR, Inc. Environmental Research and Services, P.O. Box 80410, Fairbanks, AK 99708, has applied in due form for a permit to conduct research on 12 species of marine mammals.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Marine Geophysical Survey in the Northwest Atlantic Ocean
NMFS has received a request from United States Geological Survey (USGS) for authorization to take marine mammals incidental to a marine geophysical survey in the northwest Atlantic Ocean. 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.
Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2018
NMFS announces management measures for the 2018 summer flounder, scup, and black sea bass recreational fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the fishing year. The intent of these measures is to constrain recreational catch to established limits and prevent overfishing of summer flounder, scup, and black sea bass.
Notice of Availability of a NOAA Satellite Observing System Architecture Study Draft Report and Public Meeting
In planning for the future operational environmental satellite system to follow the Geostationary Operational Environmental Satellite SystemR Series (GOES-R, S, T, and U) and the Joint Polar Satellite System (JPSS-1, 2, 3, and 4), beginning about 2028, NOAA has conducted a study of the NOAA Satellite Observing System Architecture (NSOSA). The development of a future system presents an opportunity to design a modern architecture by broadly examining instruments, services, platforms, and orbits, driven by user needs, new technology, and exploiting emerging space business models. The NSOSA study team developed and evaluated nearly 100 architecture alternatives, including partner and commercial contributions that are likely to become available. Through https://www.regulations.gov/docket?D=NOAA-NESDIS- 2018-0053, the public can view the NOAA Satellite Observing System Architecture Study draft report, submit ideas, review submissions from other parties, and make comments. All comments are welcome. In particular, NOAA would like comments on the following areas: Did NOAA consider a sufficiently broad range of alternatives? Are the opportunities that the analysis identified as deserving of consideration consistent with your knowledge of the state of the space enterprise? Are there outcomes or options that you recommend for further analysis? What suggestions do you have on engagement with industry, including innovative capability development approaches, partnership opportunities, and business models that may inform NOAA's path forward? What suggestions do you have on engagement with the academic and research community and other stakeholders to ensure NOAA makes the best use of the outputs of this study? NOAA previously discussed the NSOSA study at the American Meteorological Society Annual Meeting in January 2018; these presentations are available at https://ams.confex.com/ams/98Annual/ meetingapp.cgi/Session/44459 and https://ams.confex.com/ams/98Annual/ meetingapp.cgi/Session/44460. NOAA will continue to engage the public regarding NOAA's future satellite architecture planning. NOAA will use the results of this public comment period and public event to shape follow-on engagements.
New England Fishery Management Council; Public Meeting
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.
Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council (Council) will hold a four-day meeting to consider actions affecting the Gulf of Mexico fisheries in the exclusive economic zone (EEZ).
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seattle Multimodal Project in Seattle, Washington; Correction
NMFS published a document in the Federal Register on May 22, 2018, and the document contained outdated information and this document has been corrected and is republished in its entirety. NMFS has received a request from Washington State Department of Transportation (WSDOT) for authorization to take marine mammals incidental to the Seattle Multimodal Project at Colman Dock in Seattle, Washington. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to incidentally take marine mammals during the specified activities.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
NMFS proposes to implement annual management measures and catch limits for the northern subpopulation of Pacific sardine (hereafter, Pacific sardine), for the fishing year from July 1, 2018, through June 30, 2019. The proposed action would prohibit directed commercial fishing for Pacific sardine off the coasts of Washington, Oregon, and California, except in the live bait, tribal, or minor directed fisheries, or as incidental catch in other fisheries. The incidental harvest of Pacific sardine would initially be limited to 40- percent by weight of all fish per trip when caught with other CPS or up to 2 metric tons (mt) when caught with non-CPS. The proposed annual catch limit (ACL) for the 2018-2019 Pacific sardine fishing year is 7,000 mt. This proposed rule is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast.
Merchant Marine Act and Magnuson-Stevens Act Provisions; Fishing Vessel, Fishing Facility and Individual Fishing Quota and Harvesting Rights Lending Program Regulations
NMFS' Fisheries Finance Program (FFP) provides long-term financing to the commercial fishing and aquaculture industries for fishing vessels, fisheries facilities, aquaculture facilities, and certain designated individual fishing quota (IFQ). Section 302 of the Coast Guard Authorization Act of 2015 included new authority to finance the purchase of harvesting rights in a fishery that is federally managed under a limited access system. Through this final rule, the FFP adds a new section to the existing FFP regulations to implement this statutory change. The net effect of this change to the regulations will be to provide additional authority for the program to lend, and providing FFP financing to additional fisheries while leaving the original IFQ authority to Fishery Management Councils to use as needed.
Notice of 30-day Public Comment Period on an Addendum to the Portland Harbor Damage Assessment Plan
On June 1, 2010 NOAA and its co-members of the Portland Harbor Trustee Council (Trustee Council) published the ``Portland Harbor Superfund Site Natural Resource Damage Assessment Plan'', which set forward the Trustee Council's approach for assessing natural resource damages at the Portland Harbor Superfund Site in cooperation with potentially responsible parties in order to resolve natural resource damages liability through legal settlements. Through today's notice, NOAA is announcing: (1) An addendum to the plan that provides for additional efforts to complete the assessment of natural resource damages for lost ecological and human use services resulting from releases of hazardous substances and oil to the lower Willamette River in Portland, Oregon; and (2) a provision of a 30-day period for public comment on the addendum.
Permanent Advisory Committee To Advise the U.S. Commissioners To the Western and Central Pacific Fisheries Commission; Meeting Announcement
NMFS announces a public meeting of the Permanent Advisory Committee (PAC) to advise the U.S. Commissioners to the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC) on June 29, 2018.
North Pacific Fishery Management Council; Public Meeting
A subgroup of the North Pacific Fishery Management Council (Council) Bering Sea Fishery Ecosystem Plan team (BS FEP) will meet June 14, 2018.
South Atlantic Fishery Management Council; Public Meeting
The South Atlantic Fishery Management Council (Council) will hold meetings of the following: Personnel Committee (Closed Session); Scientific and Statistical Committee (SSC) Selection Committee (Closed Session); Southeast Data, Assessment and Review (SEDAR) Committee (Partially Closed Session); Citizen Science Committee (Partially Closed Session); Spiny Lobster Committee; Law Enforcement Commitment; Habitat Protection and Ecosystem-Based Management Committee; Snapper Grouper Committee; Joint Habitat Ecosystem, Shrimp, and Golden Crab Committees; Highly Migratory Species (HMS) Committee; Mackerel Cobia Committee; Standard Operating, Policy, and Procedure (SOPPs) Committee; and the Executive Finance Committee. The Council will meet as a Committee of the Whole to address the Acceptable Biological Catch (ABC) Control Rule and have a meeting of the full Council. The Council will also hold an informal Question and Answer Session, a formal public comment session, and take action as necessary. A For- Hire Electronic Reporting Outreach Training Session will also be held.
Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meetings
The South Atlantic Fishery Management Council (Council) will hold a series of meetings of its Citizen Science Advisory Panel Finance and Infrastructure Action Team via webinar.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the Southern Atlantic States; Reopening of the Penaeid Shrimp Fishery Off Georgia
NMFS reopens the exclusive economic zone (EEZ) off Georgia in the South Atlantic to trawling for penaeid shrimp, i.e., for brown, pink, and white shrimp. NMFS previously closed penaeid shrimp trawling in the EEZ off Georgia on January 24, 2018. The reopening is intended to maximize harvest benefits while protecting the penaeid shrimp resource.
New England Fishery Management Council; Public Meetings
The New England Fishery Management Council (Council, NEFMC) will hold a three-day meeting to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Western Pacific Fishery Management Council; Public Meetings
The Western Pacific Fishery Management Council (Council) will hold its 129th Scientific and Statistical Committee (SSC) meeting and, 173rd Council and associated meetings to take actions on fishery management issues in the Western Pacific Region.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) Coastal Pelagic Species Advisory Subpanel (CPSAS) and Coastal Pelagic Species Management Team (CPSMT) will hold a meeting via webinar that is open to the public.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings
The Mid-Atlantic Fishery Management Council (Council) will hold public meetings of the Council and its Committees.
Pacific Fishery Management Council; Public Meetings
The Pacific Fishery Management Council (Pacific Council) and its advisory entities will hold public meetings.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seattle Multimodal Project in Seattle, Washington
NMFS has received a request from Washington State Department of Transportation (WSDOT) for authorization to take marine mammals incidental to the Seattle Multimodal Project at Colman Dock in Seattle, Washington. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to incidentally take marine mammals during the specified activities.
Identification of Nations Engaged in Illegal, Unreported, or Unregulated Fishing, Bycatch, or Shark Fishing
NMFS is seeking information regarding nations whose vessels are engaged in illegal, unreported, or unregulated (IUU) fishing, bycatch of protected living marine resources (PLMR), and/or fishing activities in waters beyond any national jurisdiction that target or incidentally catch sharks. Such information will be reviewed for the purposes of the identification of nations pursuant to the High Seas Driftnet Fishing Moratorium Protection Act (Moratorium Protection Act) and ongoing implementation of the Marine Mammal Protection Act Import Provisions.
Proposed Information Collection; Comment Request; NOAA Marine Debris Program Performance Progress Report
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.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received three scientific research permit application requests relating to Pacific salmon and steelhead. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts. The applications may be viewed online at: https://apps.nmfs.noaa.gov/preview/ preview_open_for_comment.cfm.
Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole Management in the Groundfish Fisheries of the Bering Sea and Aleutian Islands
The North Pacific Fishery Management Council submitted Amendment 116 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) to the Secretary of Commerce (Secretary) for review. If approved, Amendment 116 would limit access to the Bering Sea and Aleutian Islands (BSAI) Trawl Limited Access Sector (TLAS) yellowfin sole directed fishery by vessels delivering to motherships. Amendment 116 would establish eligibility criteria based on historical participation in the fishery, issue endorsements to groundfish License Limitation Program (LLP) licenses that meet eligibility criteria, and authorize delivery of BSAI TLAS yellowfin sole to motherships by only those vessels with an assigned groundfish LLP license with a BSAI catcher vessel TLAS yellowfin sole directed fishery endorsement. This action is necessary to provide benefits to historic participants, mitigate the risk that a ``race for fish'' could develop, and help to maintain the consistently low rates of halibut bycatch in the BSAI TLAS yellowfin sole directed fishery. Amendment 116 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the BSAI FMP, and other applicable law.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 43
NMFS proposes to implement management measures described in Amendment 43 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). If implemented, this proposed rule would allow for the harvest of red snapper in South Atlantic Federal waters. This proposed rule would revise red snapper commercial and recreational annual catch limits (ACL). The purpose of this proposed rule 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.
Proposed Information Collection; Comment Request; NOAA Restoration Center Performance Progress Report
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 Project Performance Report and Administration Report Forms and Example Report Form Instructions can be reviewed under the Progress Reporting heading at https:// www.fisheries.noaa.gov/national/habitat-conservation/resource s-noaa- restoration-center-applicants#progress-reporting .
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) Groundfish Management Team (GMT) will hold a webinar that is open to the public.
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council's (Council) Legislative Committee will meet on June 5, 2018 in Kodiak, AK.
Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Stock ID Review Workshop for Cobia (Rachycentron canadum)
The SEDAR 58 Cobia Stock ID Process will be a multi-step process consisting of a series of workshops and webinars: Stock ID Workshop; Stock ID Review Workshop; Joint Cooperator Technical Review; and Science and Management Leadership Call. See SUPPLEMENTARY INFORMATION.
Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017-2018 Commercial Closure for King Mackerel in the Gulf of Mexico Northern Zone
NMFS implements an accountability measure (AM) for commercial king mackerel in the northern 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 northern zone of the Gulf EEZ will be reached by May 15, 2018. Therefore, NMFS closes the northern zone of the Gulf EEZ to commercial king mackerel fishing on May 15, 2018. This closure is necessary to protect the Gulf king mackerel resource.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
NMFS closes the Gulf of Mexico Angling category fishery for large medium and giant (``trophy'' (i.e., measuring 73 inches curved fork length or greater)) Atlantic bluefin tuna (BFT). This action is being taken to prevent overharvest of the Angling category Gulf of Mexico trophy BFT subquota.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Annapolis Passenger Ferry Dock Project, Puget Sound, Washington
NMFS has received a request from Kitsap Transit for authorization to take marine mammals incidental to the Annapolis Passenger Ferry Dock Project in Puget Sound, Washington. 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.
North Pacific Fishery Management Council; Public Meetings
The North Pacific Fishery Management Council (Council) and its advisory committees will meet in June, in Kodiak, AK.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Site Characterization Surveys Off the Coast of Massachusetts
NMFS has received an application from Orsted (U.S.) LLC/Bay State Wind LLC (Bay State Wind) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to high-resolution geophysical (HRG) survey investigations associated with marine site characterization activities off the coast of Massachusetts in the area of the Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS-A 0500) (the Lease Area). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to Bay State Wind to incidentally take, by Level A and Level B harassment, small numbers of 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.
Fisheries of the Exclusive Economic Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
NMFS is opening directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary to fully use the 2018 groundfish total allowable catch specified for the species comprising the deep- water species category in the GOA.
Evaluation of State Coastal Management Programs
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 California Coastal Commission, part of the California Coastal Management Program.
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Annual Specifications and Management Measures for the 2018 Tribal and Non-Tribal Fisheries for Pacific Whiting
NMFS issues this final rule for the 2018 Pacific whiting fishery under the authority of the Pacific Coast Groundfish Fishery Management Plan (FMP), the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and the Pacific Whiting Act of 2006. This final rule announces the 2018 U.S. Total Allowable Catch of 441,433 metric tons (mt) of Pacific whiting, establishes a tribal allocation of 77,251 mt, establishes a set-aside for research and bycatch of 1,500 mt, and announces the allocations of Pacific whiting to the non-tribal fishery for 2018. The catch limits in this rule are intended to ensure the long-term sustainability of the Pacific whiting stock.
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