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

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.

The Western Pacific Fishery Management Council (Council) will hold meetings of its Protected Species Advisory Committee (PSAC), Archipelagic Fishery Ecosystem Plan (FEP) Team (APT), Pelagics FEP Plan Team (PPT), and the Fishery Data Collection and Research Committee Data Technical Sub-Committee (FDCRC-DTC) to discuss fishery issues and develop recommendations for future management of archipelagic, pelagic and protected species.

The Pacific Fishery Management Council (Pacific Council) will convene four Stock Assessment Review (STAR) Panels this year to review new stock assessments for cabezon, big skate, longnose skate, sablefish, cowcod, and gopher/black-and-yellow rockfish (it is anticipated this will be a single assessment of gopher rockfish and black-and-yellow rockfish in combination). These STAR Panel meetings are open to the public. The STAR Panel meetings will also be streamed online in ``listen-only'' mode for those who want to follow the proceedings remotely.

The North Pacific Fishery Management Council (Council) Community Engagement Committee (CEC) will hold a teleconference on April 29, 2019.

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.

We (NMFS) issue a final rule to list the Gulf of Mexico Bryde's whale (Balaenoptera edeni) (hereafter GOMx Bryde's whale) as endangered under the Endangered Species Act (ESA). We have completed a status review of the GOMx Bryde's whale in response to a petition submitted by the Natural Resource Defense Council. After reviewing the best scientific and commercial data available, including the status review and comments received on the proposed rule, we have determined that the GOMx Bryde's whale is a subspecies of B. edeni and warrants listing as endangered. The GOMx Bryde's whale is presently in danger of extinction (i.e., meets the definition of endangered) throughout all of its range due to its small population size and restricted range, and the threats of energy exploration, development and production, oil spills and oil spill response, vessel collision, fishing gear entanglement, and anthropogenic noise. Critical habitat is not determinable at this time but will be proposed in a future rulemaking.

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.

All owners of vessels participating in a NOAA Vessel Monitoring System (VMS) program are required to acquire a NMFS-approved Enhanced Mobile Transmitting Unit (EMTU) or Mobile Transmitting Unit (MTU) to comply with the Vessel Monitoring System requirements. This final action amends the existing VMS Type-Approval regulations by removing the requirement for VMS vendors to periodically renew their EMTU/MTU type-approvals. This renewal process has proven to be unnecessary, has cost fishermen and approved VMS vendors additional time and expense, and has imposed unnecessary costs on the government. Removing the type-approval renewal requirement will spare fishermen, VMS vendors and the government the time and expense associated with the renewal process.

The Acting Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an exempted fishing permit application submitted by the Cape Cod Commercial Fishermen's Alliance contains all of the required information and warrants further consideration. This exempted fishing permit would require participants to use electronic monitoring systems on 100 percent of sector trips for catch accounting in the Northeast multispecies fishery; additionally, vessels would be authorized to access portions of Northeast multispecies closed areas. 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 permits.

The South Atlantic Fishery Management Council's (Council) will hold a meeting of the Snapper Grouper Advisory Panel (AP) in April.

NMFS, upon request of the U.S. Air Force (USAF), hereby issues regulations to govern the unintentional taking of marine mammals incidental to launching space launch vehicles, intercontinental ballistic and small missiles, and aircraft operations at Vandenberg Air Force Base (VAFB), over the course of five years. These regulations, which allow for the issuance of Letters of Authorization (LOA) for the incidental take of marine mammals during the described activities and specified timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking. In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby additionally given that a five-year LOA has been issued to USAF to take marine mammals incidental to rocket and missile launch and recovery activities and aircraft operations.

The North Pacific Fishery Management Council (Council) Crab Plan Team will meet in April, in Anchorage, AK.

The NMFS Southeast Region, in collaboration with the Caribbean Fishery Management Council (Council), is preparing a draft EA in accordance with the National Environmental Policy Act (NEPA) for each of the following fishery management plans (FMP): The Comprehensive FMP for the Puerto Rico Exclusive Economic Zone (EEZ) (Puerto Rico FMP), the Comprehensive FMP for the St. Thomas/St. John EEZ (St. Thomas/St. John FMP), and the Comprehensive FMP for the St. Croix EEZ (St. Croix FMP). The respective plans would transition the management of Federal fisheries in the U.S. Caribbean EEZ from a species-based approach to an island-based approach. This notice is intended to inform the public of the change from the preparation of a draft EIS to a draft environmental assessment (EA) for each FMP.

NMFS issues regulations to implement management measures described in Abbreviated Framework Amendment 2 (Abbreviated Framework 2) 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). This final rule revises the commercial and recreational annual catch limits (ACLs) for vermilion snapper and black sea bass in the exclusive economic zone (EEZ) of the South Atlantic. The purpose of this final rule is to respond to the results of the latest stock assessments for the species and to help achieve optimum yield (OY) for vermilion snapper and black sea bass. Additionally, this final rule serves to announce the length of the South Atlantic black sea bass recreational fishing season for the 2019-2020 fishing year. NMFS announces that the length of the recreational fishing season for black sea bass in the Council's jurisdiction of the EEZ of the South Atlantic will extend throughout the species' April 1, 2019, through March 31, 2020, recreational fishing year.

The SEDAR 61 stock assessment process for Gulf of Mexico red grouper 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 convening a two-day meeting of a sub-panel of its Scientific & Statistical Committee to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). The sub-panel will review the scientific validity of information and analyses of groundfish monitoring issues. The sub-panel's report will be considered by the Council in evaluating management alternatives for improving the monitoring of catch under the Northeast Multispecies Fishery Management Plan, if appropriate.