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

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 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 2019 Pacific cod total allowable catch apportioned to catcher vessels less than 50 feet LOA using hook-and-line gear in the Central Regulatory Area of the GOA.

We, NMFS, published in the Federal Register of June 19, 2019, a ``not warranted'' 12-month finding under the Endangered Species Act (ESA) for alewife (Alosa pseudoharengus), four alewife distinct population segments (DPS), blueback herring (Alosa aestivalis), and three blueback herring DPSs. This document corrects our significant portion of its range (SPR) analyses for blueback herring.

We, NMFS, are announcing 5-year reviews of 28 species listed under the Endangered Species Act of 1973, as amended (ESA). The listed species comprise 17 evolutionarily significant units (ESUs) of Pacific salmon (Oncorhynchus spp.) and 11 distinct population segments (DPSs) of steelhead (Oncorhynchus mykiss). The purpose of these reviews is to ensure the accuracy of their listing classifications. The 5-year reviews will be based on the best scientific and commercial data available at the time of the reviews; therefore, we are requesting that interested parties submit new relevant information on these ESUs and DPSs that has become available since the last species status reviews in 2016. Based on the results of these 5-year reviews, we will make the requisite determinations under the ESA.

The SEDAR 60 assessment of the South Atlantic stock of Red Porgy will consist of a series of workshops and webinars: An In-person Workshop to address data and assessment needs, and Assessment Webinars. See SUPPLEMENTARY INFORMATION.

The SEDAR 62 stock assessment process for Gulf of Mexico gray triggerfish will consist of an In-person Workshop, and a series of data and assessment webinars. See SUPPLEMENTARY INFORMATION.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop 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 Caribbean Fishery Management Council will hold a webinar meeting to consider establishing an advisory panel concerning Ecosystem-Based Fishery Management. The items to be discussed are contained in the agenda included in the SUPPLEMENTARY INFORMATION.

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.

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.

NMFS advises interested parties that the Deschutes Basin Board of Control (DBBC) and the City of Prineville, Oregon (applicants) applied for an incidental take permit, pursuant to the Endangered Species Act (ESA) of 1973, as amended. The DBBC is composed of eight irrigation districts including Arnold, Swalley, Central Oregon, Tumalo, Lone Pine, Three Sisters, Ochoco and North Unit. The permit, if issued, would authorize take of five species under NMFS and U.S. Fish and Wildlife Service (USFWS) jurisdiction. These species are the federally listed Middle Columbia River steelhead (Oncorhynchus mykiss), non- listed spring-run Chinook salmon (Oncorhynchus tshawytscha) and non- listed sockeye salmon (Oncorhynchus nerka), species under NMFS jurisdiction; and the federally listed bull trout (Salvelinus confluentus) and federally listed Oregon spotted frog (Rana pretiosa), species under USFWS jurisdiction. The permit application addresses incidental take related to irrigation activity including the storage, release, diversion and return of water by the DBBC districts; and groundwater withdrawals and effluent discharge by the City of Prineville. The applicants developed the proposed Deschutes Basin Habitat Conservation Plan (DBHCP) in support of their application and have requested a permit term of 30 years. The USFWS prepared a draft environmental impact statement (EIS) in compliance with the National Environmental Policy Act (NEPA). NMFS is a cooperating agency under NEPA for this action. NMFS is furnishing this notice in order to allow the public and other agencies an opportunity to review and comment on the proposed DBHCP and the USFWS' EIS.

NMFS announces the availability of the final version of Three- Year Review of the Individual Bluefin Quota (IBQ) Program. A Draft Three-Year Review of the IBQ Program was released on May 10, 2019. This Three-Year Review of the IBQ Program was conducted pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (MSA) requirement that formal and detailed reviews of certain Limited Access Privilege Programs (LAPPs) be conducted.

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.

NMFS issues a proposed rule to implement Amendment 118 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and a regulatory amendment to revise regulations on Vessel Monitoring System (VMS) requirements in the Bering Sea and Aleutian Islands (BSAI) and Gulf of Alaska (GOA). This proposed rule is necessary to improve efficiency and provide economic benefits for the Individual Fishing Quota (IFQ) and Community Development Quota (CDQ) fleets, minimize whale depredation and seabird interactions in the IFQ and CDQ fisheries, and reduce the risk of exceeding an overfishing limit for any species This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Northern Pacific Halibut Act of 1982, the BSAI FMP, and other applicable laws.

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 [Oslash]rsted Wind Power LLC ([Oslash]rsted) to take small numbers of marine mammals, by harassment, incidental to high-resolution geophysical (HRG) survey investigations associated with marine site characterization activities off the coast of Massachusetts and Rhode Island in the areas of Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS). These areas are currently being leased by the Applicant's affiliates, Deepwater Wind New England, LLC and Bay State Wind LLC respectively, and are identified as OCS-A 0486, OCS-A 0487, and OCS-A 0500 (collectively referred to as the Lease Areas). [Oslash]rsted is also planning to conduct marine site characterization surveys along one or more export cable route corridors (ECRs) originating from the Lease Areas and landing along the shoreline at locations from New York to Massachusetts, between Raritan Bay (part of the New York Bight) to Falmouth, Massachusetts.

NMFS proposes regulations to implement Amendment 119 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and Amendment 107 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP). This proposed rule would require that the operator of a federally permitted catcher vessel using hook-and-line, pot, or jig gear in the Bering Sea and Aleutian Islands and Gulf of Alaska retain and land all rockfish (Sebastes and Sebastolobus species) caught while fishing for groundfish or Pacific halibut. This action is necessary to improve identification of rockfish species catch by vessels using electronic monitoring, provide more precise estimates of rockfish catch, reduce waste and incentives to discard rockfish, reduce overall enforcement burden, and promote more consistent management between State and Federal fisheries. This proposed rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the BSAI FMP, the GOA FMP, and other applicable laws.

Notice is hereby given that Devon Massyn, Natural History Unit, 2118 Manhattan Beach Blvd., Unit B, Redondo Beach, CA 90278, has applied in due form for a permit to conduct commercial or educational photography on California sea lions (Zalophus californianus) and northern elephant seals (Mirounga angustirostris).

NMFS informs surfclam and ocean quahog individual transferable quota (ITQ) allocation holders that they will be required to purchase their fishing year 2020 (January 1, 2020-December 31, 2020) cage tags from the National Band and Tag Company. The intent of this notice is to comply with regulations for the Atlantic surfclam and ocean quahog fisheries and to promote efficient distribution of cage tags.

NMFS is opening directed fishing for Pacific ocean perch in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area. This action is necessary to fully use the 2019 total allowable catch of Pacific ocean perch specified for the Bering Sea subarea of the Bering Sea and Aleutian Islands management area.

The SEDAR 69 assessment(s) of the Atlantic stock of Menhaden will consist of a series of workshops and webinars: Stock Identification (ID) Workshop; Stock ID Review Workshop; Stock ID Joint Cooperator Technical Review; Data Workshop; Assessment Webinars; and a Review Workshop. See SUPPLEMENTARY INFORMATION.

NMFS announces that the purse seine fishery in the Effort Limit Area for Purse Seine, or ELAPS, will close as a result of reaching the 2019 limit on purse seine fishing effort in the ELAPS. This action is necessary for the United States to implement provisions of a conservation and management measure adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.