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

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).

The South Atlantic Fishery Management Council (Council) will hold a meeting of its Citizen Science Operations Committee via webinar October 25, 2019.

NMFS issues this emergency action, a final temporary rule to revise the Atlantic migratory group king mackerel (Atlantic king mackerel) commercial trip limit within the Atlantic southern zone from October 1, 2019, through February 29, 2020, as requested by the South Atlantic Fishery Management Council (Council). The purpose of this final temporary rule is to increase the commercial trip limit to allow for a significant economic opportunity that otherwise would be forgone and relieve an economic burden within the Atlantic king mackerel commercial sector without increasing the risk to the stock.

Notice is hereby given that NMFS has received one incidental take permit application for the Calaveras River Habitat Conservation Plan (HCP) pursuant to the Endangered Species Act (ESA) of 1973, as amended. NMFS has also prepared a draft environmental assessment (EA) under the National Environmental Policy Act (NEPA) describing the potential effects of Stockton East Water District's (District) proposed Calaveras River HCP. The Calaveras River HCP was prepared and submitted by the District and describes their ongoing operations and monitoring activities in the Calaveras River. NMFS is furnishing this notice in order to allow other agencies and the public an opportunity to review and comment on the Calaveras River HCP and EA. All comments and other information received will become part of the public record and will be available for review.

The Assistant Regional Administrator for Sustainable Fisheries, West Coast Region, NMFS, has made a preliminary determination that an exempted fishing permit application titled, ``Annual Vessel Limit Pooling for Groundfish IFQ Vessels Operating Under a Collective Enforcement Agreement in 2019-2020,'' contains all of the required information and warrants further consideration. The application, submitted by the Fort Bragg Association and the Half Moon Bay Groundfish Marketing Association, requests approval to test the use of a voluntary collective agreement to manage a pool of annual vessel limits of cowcod quota pounds using a risk pooling model. This exempted fishing permit project would allow individual vessels participating in the California Groundfish Collective to exceed their annual vessel limit for cowcod, however the collective pooled annual vessel limit would not be exceeded. The primary goal of this exempted fishing permit project is to reduce the operational risk of catching cowcod for participating vessels, while allowing participating vessels to increase landings of more abundant groundfish stocks. 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 permit projects.

NMFS announces the availability of the revised application and Draft Environmental Assessment (EA) on the effects of issuing an Incidental Take Permit (ITP) (No. 21316) to Barney M. Davis L.P., pursuant to the Endangered Species Act (ESA) of 1973, as amended, for the incidental take of green (Chelonia mydas, North Atlantic Distinct Population Segment) and Kemp's ridley (Lepidochelys kempii) sea turtles associated with the otherwise lawful operation of the Barney M. Davis Power Station in Corpus Christi, TX. The facility is requesting the permit be issued for a duration of 10 years.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2019 Pacific cod total allowable catch allocated to catcher vessels greater than or equal to 60 feet (18.3m) LOA using pot gear in the BSAI.

The Gulf of Mexico Fishery Management Council (Council) has submitted Amendment 9 to the Fishery Management Plan (FMP) for the Coral and Coral Reefs of the Gulf of Mexico (Amendment 9) to the FMP for review, approval, and implementation by NMFS. Amendment 9, if approved by the Secretary of Commerce, and an associated framework action to the FMP would establish new habitat areas of particular concern (HAPCs), some of which include a prohibition of the deployment of bottom-tending gear, and modify current fishing regulations in the Gulf of Mexico (Gulf). The purpose of Amendment 9 and the framework action is to protect coral essential fish habitat in the Gulf.

NMFS implements accountability measures (AMs) for the red grouper recreational sector in the exclusive economic zone (EEZ) of the South Atlantic for the 2019 fishing year through this temporary rule. NMFS estimates recreational landings of red grouper in 2019 have exceeded the recreational annual catch limit (ACL). Therefore, NMFS closes the red grouper recreational sector in the South Atlantic EEZ at 12:01 a.m., local time, on September 25, 2019, for the remainder of the 2019 fishing year. This closure is necessary to protect the red grouper resource.

In preparation for the 2019 International Commission for the Conservation of Atlantic Tunas (ICCAT) meeting, the Advisory Committee to the U.S. Section to ICCAT is announcing the convening of its fall meeting.

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 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.

This notice sets forth the proposed schedule and agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined under SUPPLEMENTARY INFORMATION below.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the Office of Naval Research (ONR) to incidentally harass, by Level B harassment only, marine mammals during Arctic Research Activities in the Beaufort and Chukchi Seas. ONR's activities are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (NDAA).

This notice announces receipt of an exempted fishing permit (EFP) application from United Catcher Boats for pollock catcher vessels (CVs) using pelagic trawl gear in the eastern Bering Sea (BS) and Gulf of Alaska (GOA) to evaluate the efficacy of electronic monitoring (EM) systems in lieu of observers for at-sea monitoring of vessels for compliance with fishery management regulations. If granted, this EFP would allow approximately 49 pollock CVs and nine tender vessels to participate in the proposed EFP to evaluate whether the use of EM systems is a cost and operationally effective means for monitoring vessel compliance with catch and discard requirements. If issued, the EFP would be in effect during 2020 and 2021 for the pollock fishing seasons (both A and B seasons in the BS and A/B and C/D seasons in the GOA). Results from this proposed EFP are intended to inform future North Pacific Fishery Management Council (Council) analyses in consideration of a regulatory program to implement EM systems aboard pollock CVs using pelagic trawl gear in the BS and GOA as a compliance monitoring tool in these fisheries. This proposed project has the potential to promote the objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

NMFS apportions amounts of the non-specified reserve to the initial total allowable catch (ITAC) and Community Development Quota (CDQ) of Bering Sea and Aleutian Islands (BSAI) arrowtooth flounder and to the ITAC of Aleutian Islands (AI) Greenland turbot, AI sablefish, Bering Sea (BS) sablefish, BS ``other rockfish,'' Bering Sea and Eastern Aleutian Islands (BS/EAI) blackspotted/rougheye rockfish, Central Aleutian Islands and Western Aleutian Islands (CAI/WAI) blackspotted/rougheye rockfish, BSAI northern rockfish, BSAI sharks, and BSAI shortraker rockfish. This action is necessary to allow the fisheries to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI management area.

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

The SEDAR 65 assessment of HMS Blacktip Shark will consist of a series of workshops and webinars: A Data Workshop; Assessment Webinars; and a Review Workshop. See SUPPLEMENTARY INFORMATION.

The South Atlantic Fishery Management Council's (Council) will hold a meeting of its Habitat Protection and Ecosystem-Based Management Advisory Panel (AP).

This proposed rule would adjust quotas and retention limits, and establish opening dates for the 2020 fishing year for the Atlantic commercial shark fisheries. Quotas would be adjusted as required or allowable based on any overharvests and/or underharvests experienced during the 2019 fishing year. In addition, NMFS proposes opening dates and commercial retention limits based on adaptive management measures to provide, to the extent practicable, fishing opportunities for commercial shark fishermen in all regions and areas. The proposed measures could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea.

NMFS is prohibiting retention of sablefish by vessels using trawl gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2019 total allowable catch of sablefish allocated to vessels using trawl gear in the Western Regulatory Area of the GOA has been reached.

NMFS is exchanging allocations of Amendment 80 cooperative quota (CQ) for Amendment 80 acceptable biological catch (ABC) reserves. This action is necessary to allow the 2019 total allowable catch of flathead sole, rock sole, and yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.

NMFS is transferring 5 metric tons (mt) dressed weight (dw) of blacktip quota, 50 mt dw of aggregated large coastal shark (LCS) quota, and 8 mt dw of hammerhead shark management group quota from the western Gulf of Mexico sub-region to the eastern Gulf of Mexico sub-region for the remainder of the 2019 fishing year. This action is based on consideration of the regulatory determination criteria regarding inseason quota transfers and applies to commercial Atlantic shark permitted vessels.

NMFS has received a request from the U.S. Navy (Navy) for authorization to take small numbers of marine mammals incidental to conducting construction activities related to construction of an ammunition pier and turning basin at Naval Weapons Station Seal Beach, California, over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the Navy's request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the Navy's application and request.

NMFS proposes to implement the New England Fishery Management Council's Habitat Clam Dredge Exemption Framework Adjustment to its Fishery Management Plans. The proposed action is intended to establish areas within the Great South Channel Habitat Management Area where vessels could fish for Atlantic surfclams or mussels with dredge gear, consistent with the Magnuson-Stevens Fishery Conservation and Management Act and the Omnibus Habitat Amendment 2. This action is necessary in order for the fishing industry to access part of the surfclam and mussel resource within the Habitat Management Area.