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

NMFS announces the availability of a draft environmental assessment (EA) of the potential effects of two construction projects. The EA would support the release by NMFS of Congressionally- appropriated funds for disaster relief in the American Samoa (AS) bottomfish fishery. The AS Department of Marine and Wildlife Resources (DMWR) would use the funds to construct a boat ramp and ice house in Pago Pago Harbor.

NMFS implements an accountability measure (AM) for the lesser amberjack, almaco jack, and banded rudderfish complex (Other Jacks Complex) commercial sector in the exclusive economic zone (EEZ) of the South Atlantic for the 2019 fishing year through this temporary rule. NMFS projects that commercial landings of the Other Jacks Complex will reach the combined commercial annual catch limit (ACL) by July 16, 2019. Therefore, NMFS closes the commercial sector for this complex in the South Atlantic EEZ, on July 16, 2019, and it will remain closed until the start of the next fishing year on January 1, 2020. This closure is necessary to protect the lesser amberjack, almaco jack, and banded rudderfish resources.

We, the National Marine Fisheries Service (NMFS), are reopening the public comment period on the proposed rule under the Marine Mammal Protection Act (MMPA) to authorize the taking of marine mammals, by mortality, serious injury, Level A harassment, and Level B harassment, incidental to the construction and operation of the Liberty Drilling and Production Island, Beaufort Sea, Alaska. The comment period for the proposed rule that published on May 29, 2019 closed on June 28, 2019. NMFS is reopening the public comment period until July 31, 2019, to provide the public with additional time to submit information and to comment on this proposed rule.

The SEDAR 64 stock assessment process for SE yellowtail snapper will consist of a Data Workshop, a series of data and assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

The Gulf of Mexico Fishery Management Council will hold a two day in-person meeting of its Standing, Reef Fish, Mackerel and Socioeconomic Scientific and Statistical Committees (SSC).

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 U.S. Fish and Wildlife Service (USFWS) to incidentally harass, by Level B harassment only, marine mammals during biological research, monitoring, and maintenance activities at the Eastern Massachusetts National Wildlife Refuge Complex (Complex).

This interim final rule creates a Federal requirement for vessels using trawl gear in the Pacific Coast Groundfish fishery to complete and submit the trawl logbook form. Historically, the states of Washington, Oregon, and California each administered state logbook form requirements. However, the California Fish and Game Commission repealed its trawl logbook reporting requirement, effective July 1, 2019. In order to not lose data reporting coverage from vessels in California, NMFS is implementing a Federal requirement for catcher vessels using trawl gear in the Pacific Coast Groundfish fishery Shorebased Individual Fishing Quota (IFQ) Program to complete and submit logbook forms in the absence of similar state regulations. This rule is necessary to continue collection of data vital to coastwide management of the groundfish trawl fishery.

NMFS announces management measures for the 2019 summer flounder recreational fishery. The implementing regulations for this fishery require NMFS to publish recreational measures for the fishing year. The intent of this action is to achieve, but not exceed, the 2019 summer flounder recreational harvest limit and thereby prevent overfishing on the summer flounder stock.

NMFS has received a request from the United States Navy for the re-issuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates that are one year later (July 16, 2020July 15 2021). The initial IHA authorized take of five species of marine mammals, by Level A and Level B harassment, incidental to construction associated with the Service Pier Extension project (SPE) at Naval Base Kitsap Bangor, Washington. The project has been delayed and none of the work covered in the initial IHA issued in 2018 will be initiated under the effective dates of that IHA (July 16, 2019 through July 15, 2020). The scope of the activities and anticipated effects remain the same, authorized take numbers would not change, and the required mitigation, monitoring, and reporting would remain the same as authorized in the 2018 IHA referenced above. NMFS is, therefore, issuing a second IHA to cover the incidental take analyzed and authorized in the initial IHA.

NMFS is prohibiting retention of non-Community Development Quota (CDQ) sablefish by vessels using trawl gear in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2019 non-CDQ sablefish initial total allowable catch (ITAC) in the Bering Sea subarea of the BSAI will be reached.

NMFS issues this final rule to implement annual management measures and catch limits for the northern subpopulation of Pacific sardine for the fishing year from July 1, 2019, through June 30, 2020. This action prohibits directed commercial fishing for Pacific sardine off the U.S. Pacific Coast, except in the live bait or minor directed fisheries, or as part of exempted fishing permit activities, and establishes limits on the incidental harvest of Pacific sardine in other fisheries. This action is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast.

Notice is hereby given that Linnea Pearson, California Polytechnic State University, 1 Grand Ave., San Luis Obispo, CA 93407, has applied for an amendment to Scientific Research Permit No. 21006.

The Mid-Atlantic Fishery Management Council (Council) will hold 4 public hearings, including one webinar hearing, to solicit public comments on the Draft Atlantic Surfclam and Ocean Quahog Excessive Shares Amendment to the Atlantic Surfclam and Ocean Quahog Fishery Management Plan (FMP).

The Caribbean Fishery Management Council's (Council) Outreach and Education Advisory Panel (OEAP) will hold a 2-day meeting in August to discuss the items contained in the agenda in the SUPPLEMENTARY INFORMATION.

NMFS closes the northern area 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 further overharvest of the Angling category northern area trophy BFT subquota.

Notice is hereby given that NMFS has received four plans for hatchery operations rearing and releasing Chinook salmon, coho salmon, and chum salmon in the Stillaguamish River basin, Washington. The four plans are submitted pursuant to the Section 4(d), Limit 6. The plans describe programs operated by the Stillaguamish Tribe of Indians (STI). This document serves to notify the public of the availability and opportunity to comment on a draft Environmental Assessment and proposed evaluation and pending determination (PEPD) on the proposed Hatchery and Genetic Management Plans (HGMPs).

NMFS issues this final rule to implement an electronic monitoring (EM) program for two sectors of the limited entry trawl fishery, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Pacific Coast Groundfish Fishery Management Plan (FMP). The action allows catcher vessels in the Pacific whiting fishery and fixed gear vessels in the shorebased Individual Fishing Quota (IFQ) fishery to use EM in place of observers to meet the requirements of the Trawl Rationalization Program for 100-percent at- sea observer coverage. This action is necessary to increase operational flexibility and reduce monitoring costs for vessels in the trawl fishery by providing an alternative to observers. Data from the EM program will be used to debit discards of IFQ species from IFQs and mothership cooperative allocations. Through this action, NMFS has also approved and is implementing the following measures: An application process for interested vessel owners; performance standards for EM systems; requirements for vessel operators; a permitting process and standards for EM service providers; and, requirements for processors (first receivers) for receiving and disposing of prohibited and protected species from EM trips.

Notice is hereby given that NMFS has received 13 scientific research permit application requests relating to Pacific salmon, steelhead, and green sturgeon. 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.

Notice is hereby given that James Harvey, Ph.D., Moss Landing Marine Laboratories, 8272 Moss Landing Road, Moss Landing, CA 95039, has applied for an amendment to Scientific Research Permit No. 20430.

NMFS announces that the Closed Area I Scallop Access Area is closed to Limited Access General Category Individual Fishing Quota scallop vessels for the remainder of the 2019 fishing year. Regulations require this action once it is projected that 100 percent of trips allocated to the Limited Access General Category Individual Fishing Quota scallop vessels for the Closed Area I Scallop Access Area will be taken.

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 Mid-Atlantic Fishery Management Council's (Council) Atlantic Mackerel, Squid, and Butterfish (MSB) Monitoring Committee will meet via webinar to develop recommendations for 2020 MSB specifications, focusing on the river herring and shad cap for the mackerel fishery.

Notice is hereby given that Kristen Hart, Ph.D., U.S. Geological Survey, Wetland and Aquatic Research Center, Davie Field Office, 3321 College Ave., Davie, FL 33314, has applied in due form for a permit to take green (Chelonia mydas), Kemp's ridley (Lepidochelys kempii), loggerhead (Caretta caretta), and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

NMFS is adjusting the Swordfish General Commercial permit retention limits for the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions for July through December of the 2019 fishing year, unless otherwise later noticed. The Swordfish General Commercial permit retention limits in each of these regions are increased from the regulatory default limits (either two or three fish) to six swordfish per vessel per trip. The Swordfish General Commercial permit retention limit in the Florida Swordfish Management Area will remain unchanged at the default limit of zero swordfish per vessel per trip, as discussed in more detail below. These adjustments apply to Swordfish General Commercial permitted vessels and to Highly Migratory Species (HMS) Charter/Headboat permitted vessels with a commercial endorsement when on a non-for-hire trip. This action is based upon consideration of the applicable inseason regional retention limit adjustment criteria.