National Oceanic and Atmospheric Administration April 2019 – Federal Register Recent Federal Regulation Documents

NMFS has received a request from the Eastern Massachusetts (MA) National Wildlife Refuge (NWR) Complex, U.S. Fish and Wildlife Service (USFWS), for authorization to take marine mammals incidental to conducting biological research, monitoring, and maintenance at the Eastern MA NWR Complex (Complex). The USFWS's activities are similar to activities previously analyzed and for which take was authorized by NMFS. 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-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 authorizations and agency responses will be summarized in the final notice of our decision.

NMFS has received a request from Vineyard Wind, LLC to take marine mammals incidental to construction of a commercial wind energy project offshore Massachusetts. 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-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 authorizations and agency responses will be summarized in the final notice of our decision.

The Pacific Fishery Management Council's (Pacific Council) ad hoc Sablefish Management and Trawl Allocation Attainment Committee (SaMTAAC) will hold a meeting.

The Hydrographic Services Review Panel (HSRP) will hold a meeting that will be open to the public and public comments are requested in advance and/or during the meeting. Information about the HSRP meeting, agenda, presentations, webinar registration, and other background documents will be posted online at: https:// www.nauticalcharts.noaa.gov/hsrp/hsrp.htm and https:// www.nauticalcharts.noaa.gov/hsrp/meetings.htm Date and Location: The meeting is planned for two and a half days during August 27-29, 2019, in New Orleans, LA. The agenda, speakers and times are subject to change. The agenda and location will be posted online at the end of June 2019. For updates, please check online at: https://www.nauticalcharts.noaa.gov/hsrp/hsrp.htm. To receive notice of the venue and meeting announcements by email, and to inform the participant list, please email your name, organization and email address to: Virginia.Dentler@noaa.gov and Lynne.Mersfelder@noaa.gov.

We, NMFS, announce final revisions to the Recovery Plan Preparation and Implementation Priorities and the Recovery Plans sections of the 1990 Listing and Recovery Priority Guidelines. The revised guidelines prioritize limited agency resources to advance the recovery of threatened and endangered species by focusing on the immediacy of the species' overall extinction risk; the extent of information regarding major threats; the extent to which major threats are primarily under U.S. authority, jurisdiction, or influence; and the certainty that management or protective actions can be implemented successfully. We did not revise the Listing, Reclassification, and Delisting Priorities section of the 1990 Listing and Recovery Priority Guidelines. We determined those guidelines, which are repeated herein (with minor editorial and format changes for consistency), are sufficient to prioritize listing actions.

NMFS is prohibiting directed fishing for Greenland turbot in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2019 Greenland turbot initial total allowable catch (ITAC) in the Aleutian Islands subarea of the BSAI.

This action implements measures for Northeast multispecies common pool vessels for the 2019 fishing year. This action is necessary to ensure that the Northeast multispecies common pool fishery may achieve the optimum yield (OY) for the relevant stocks, while controlling catch to help prevent inseason closures or quota overages. These measures include possession and trip limits and the allocation of zero trips into the Closed Area II Yellowtail Flounder/Haddock Special Access Program for common pool vessels to target yellowtail flounder.

NMFS has received a request from Chevron for authorization to take marine mammals incidental to pile driving and removal associated with the Long Wharf Maintenance and Efficiency Project (LWMEP) in San Francisco Bay, California. 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-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 authorizations and agency responses will be summarized in the final notice of our decision.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that we have issued an incidental harassment authorization (IHA) to the Federal Aviation Administration (FAA) to take small numbers of marine mammals, by harassment, incidental to the Biorka dock replacement project in Symonds Bay, Alaska.

The North Pacific Fishery Management Council (Council) Social Science Planning Team will meet May 7, 2019 through May 9, 2019.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Habitat 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 South Atlantic Fishery Management Council (SAFMC) will host a meeting of the RFMC CCC, in Charleston, SC.

The University of Massachusetts Dartmouth, School for Marine Science and Technology and the Gulf of Maine Research Institute are hosting a workshop on ``Stakeholder Engagement in Management Strategy Evaluation of Atlantic Bluefin Tuna Fisheries.'' This educational workshop is supported with NMFS funding through the Bluefin Tuna Research Program and is open to the public.

The Acting Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application from the New England Aquarium contains all the required information and warrants further consideration. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative Management Act require publication of this notice to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits.

NMFS announces a public meeting of the General Advisory Committee to the U.S. Section to the Inter-American Tropical Tuna Commission on June 5, 2019, and a public meeting of the Scientific Advisory Subcommittee to the General Advisory Committee on June 4, 2019. The meeting topics are described under the SUPPLEMENTARY INFORMATION section of this notice.

The Mid-Atlantic Fishery Management Council (Council) will hold a meeting that includes its Committee and Advisory Panel for the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan.

NMFS is opening directed fishing for northern rockfish in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2019 total allowable catch (TAC) of northern rockfish in the BSAI.

In accordance with section 304(a) of the National Marine Sanctuaries Act, as amended, (NMSA), and based on the area's qualities and boundaries described in the community-based nomination submitted to NOAA on January 17, 2017 (https://nominate.noaa.gov/nominations), NOAA is initiating a process to consider designating a portion of eastern Lake Ontario in New York as a national marine sanctuary. The designation process, as required by the NMSA, will be conducted concurrently with a public process under the National Environmental Policy Act (NEPA). This notice also informs the public that NOAA will coordinate its responsibilities under section 106 of the National Historic Preservation Act (NHPA) with its ongoing NEPA process, including the use of NEPA documents and public meetings to also meet the requirements of section 106. The public scoping process is intended to solicit information and comments on the scope and significance of issues to be addressed in an environmental analysis under NEPA that are related to designating this area as a national marine sanctuary. The results of this scoping process will assist NOAA in moving forward with the designation process and in formulating alternatives for the draft environmental impact statement and proposed regulations, including developing national marine sanctuary boundaries. It will also inform the initiation of any consultations with federal, state, or local agencies, tribes, and other interested parties, as appropriate.

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 10, 2019. Meeting topics are provided under the SUPPLEMENTARY INFORMATION section of this notice.

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 contains all of the required information and warrants further consideration. This permit would facilitate research on the impact of increasing water temperature on female lobster size at maturity and growth. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative Management Act require publication of this notice to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits.

Notice is hereby given that Rachel Cartwright, Ph.D., Keiki Kohola Project, 1330 Sabal Lakes Road, Delray Beach, FL 33445, has applied in due form for a permit to conduct research on marine mammals.

Notice is hereby given that the National Marine Fisheries Service is extending the public comment period associated with the notice of receipt for an application for a permit to import bottlenose dolphins (Tursiops truncatus) submitted by the Chicago Zoological Society.

Notice is hereby given that Sea to Sea Productions Ltd., 477 Island View Drive, Boutiliers Point, Nova Scotia, Canada B3Z1R3 (Responsible Party: David Kent Nason), has applied in due form for a permit to conduct commercial or educational photography on gray seals (Halichoerus grypus).

This action closes the Witch Flounder Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels fishing with trawl gear through April 30, 2019. The closure is required because the common pool fishery is projected to have caught over 90 percent of its Trimester 3 quota for witch flounder. This closure is intended to prevent an overage of the common pool's quota for this stock.

NMFS proposes regulations to implement catch handling and monitoring requirements to allow Pacific halibut (halibut) bycatch to be sorted on the deck of trawl catcher/processors and motherships participating in the non-pollock groundfish fisheries off Alaska. Halibut bycatch is required to be discarded and returned to the sea with a minimum of injury in the directed groundfish fisheries in the Bering Sea and Aleutian Islands (BSAI) and Gulf of Alaska (GOA) management areas. This action includes additional minor regulatory changes that will improve consistency and clarity of existing regulations, remove unnecessary and outdated regulations, and update cross references to reflect these proposed regulations. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Fishery Management Plan (FMP) for Groundfish of the GOA (GOA FMP), the FMP for Groundfish of the BSAI Management Area (BSAI FMP), and other applicable law.