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

NESDIS published a document in the Federal Register on February 11, 2019, establishing a new schedule of fees for special access to NOAA data, information, and related products and services. Several entries in the table of fees were inadvertently transcribed incorrectly, and this rule is necessary to correct those errors. This will avoid confusion among regulated entities and allow NESDIS to charge fees, where appropriate, consistent with its statutory authority to accurately reflect the cost of providing access to certain environmental information, information, and related products and services.

NMFS is prohibiting directed fishing for pollock in Statistical Area 620 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the B season allowance of the 2019 total allowable catch of pollock for Statistical Area 620 in the GOA.

The National Marine Fisheries Service (NMFS) is announcing the correction of Amendment 115 to the fishery management plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI Groundfish FMP). NMFS is correcting the numbering of the sections in Amendment 115 describing species-specific essential fish habitat (EFH).

We (NMFS) announce a negative 90-day finding on a petition to list the Cuvier's beaked whale (Ziphius cavirostris) in the Gulf of Mexico (GOM) as a threatened or endangered distinct population segment (DPS) under the Endangered Species Act (ESA). As an alternative to listing a DPS, the petition requests that we list the Cuvier's beaked whale because it is threatened or endangered in a significant portion of its range (SPOIR). The petitioner also requests that we designate critical habitat. We find that the petition and information in our files do not present substantial scientific or commercial information indicating that the Cuvier's beaked whale in the GOM qualifies as a DPS, eligible for listing under the ESA. Similarly, we find that the petition and information readily available in our files do not present substantial scientific or commercial information indicating that listing Cuvier's beaked whale as threatened or endangered in a SPOIR may be warranted.

The Pacific Fishery Management Council (Pacific Council) and its advisory entities will hold public meetings. The document listed on the agenda, under the heading, ``Schedule of Ancillary Meetings'', for Day 2, Wednesday, April 10, 2019, that the Groundfish Electronic Monitoring Policy Advisory Committee, 8 a.m. and the Groundfish Electronic Monitoring Technical Advisory Committee, 8 a.m. are meeting, but these meetings have been cancelled. The agenda for the meetings has removed these topics and are corrected as set out in this document.

The Mid-Atlantic Fishery Management Council (Council) will hold public meetings of the Council and its Committees.

NMFS implements an accountability measure (AM) for the greater amberjack recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2018-2019 fishing year through this temporary rule. NMFS has determined that for the 2018-2019 fishing year, the recreational annual catch target (ACT) for Gulf greater amberjack has been met; therefore, the greater amberjack recreational season in the Gulf EEZ will not re-open on May 1, 2019, and will remain closed for the remainder of the current fishing year. This closure is necessary to protect the Gulf greater amberjack resource.

NMFS announces that the Pacific Fishery Management Council has submitted Amendment 17 to the Coastal Pelagic Species Fishery Management Plan for review by the Secretary of Commerce. Amendment 17 would remove the pre-specified incidental landing limit that would become effective for live bait were a stock managed under the Fishery Management Plan to become overfished. Currently, if a coastal pelagic species stock were to become overfished, and even prior to adoption of a rebuilding plan, the Fishery Management Plan would automatically limit retention of live bait of that stock to incidentally caught fish with no more than 15 percent of any load being live bait from the overfished stock. The intent of Amendment 17 is to allow the Council flexibility in recommending restrictions on the live bait portion of the fishery when a stock is overfished. NMFS will consider public comments in deciding whether to approve, disapprove, or partially approve Amendment 17.

Based on Atlantic States Marine Fisheries Commission recommendations, we, the National Marine Fisheries Service, are proposing to implement regulations for the Jonah crab fishery in Federal waters. This action is necessary to enact measures that provide stock protections to a previously unmanaged fishery. The action is intended to ensure compatibility between state and Federal Jonah crab management measures, consistent with the Commission's Interstate Fishery Management Plan for Jonah Crab and the intent of the Atlantic Coastal Fisheries Cooperative Management Act.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2019 Pacific cod total allowable catch allocated to catcher vessels using trawl gear in the BSAI.

NMFS is reallocating the projected unused amounts of the Community Development Quota (CDQ) pollock directed fishing allowances (DFA) from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to provide opportunity for harvest of the 2019 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI).

Notice is hereby given that David Johnston, Ph.D., Duke University, Marine Science and Conservation, 135 Duke Marine Lab Road, Beaufort, NC 28516, has applied in due form for a permit to receive specimens of northern fur seals (Callorhinus ursinus) for scientific research.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Ecosystem-Based Fishery Management (EBFM) 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.

NMFS is opening directed fishing for sablefish with fixed gear managed under the Individual Fishing Quota (IFQ) Program and the Community Development Quota (CDQ) Program. The season will open 1200 hours, Alaska local time (A.l.t.), March 15, 2019, and will close 1200 hours, A.l.t., November 14, 2019. This period is the same as the 2019 commercial halibut fishery opening dates adopted by the International Pacific Halibut Commission. The IFQ and CDQ halibut season is specified by a separate publication in the Federal Register of annual management measures.

On November 1, 2018, NMFS published a notice inviting qualified commercial shark permit holders to submit applications to participate in the 2019 shark research fishery. The shark research fishery allows for the collection of fishery-dependent data for future stock assessments and cooperative research with commercial fishermen to meet the shark research objectives of the Agency. Every year, the permit terms and permitted activities (e.g., number of hooks and retention limits) specifically authorized for selected participants in the shark research fishery are designated depending on the scientific and research needs of the Agency, as well as the number of NMFS- approved observers available. In order to inform selected participants of this year's specific permit requirements and ensure all terms and conditions of the permit are met, NMFS is holding a mandatory meeting (via conference call) for selected participants. The date and time of that meeting is announced in this notice.

Notice is hereby given that Benjamin Hubert, Ph.D., New York Genome Center, 101 Avenue of the Americas, New York City, NY 10013, has applied in due form for a permit to import specimens from southern hemisphere humpback whales (Megaptera novaeangliae).

NMFS is prohibiting directed fishing for Pacific cod by vessels using jig gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2019 Pacific cod total allowable catch apportioned to vessels using jig gear in the Western Regulatory Area of the GOA.

NMFS issues this proposed rule for the 2019 Pacific whiting fishery under the authority of the Pacific Coast Groundfish Fishery Management Plan, the Magnuson-Stevens Fishery Conservation and Management Act, and the Pacific Whiting Act of 2006. This proposed rule would allocate 17.5 percent of the U.S. Total Allowable Catch of Pacific whiting for 2019 to Pacific Coast Indian tribes that have a treaty right to harvest groundfish. It would also amend the provisions regarding reapportionment of the treaty tribes' whiting allocation to the non-treaty sectors to require that NMFS consider the level of Chinook salmon bycatch when determining whether to reapportion whiting. This rule is necessary to manage the Pacific whiting stock to Optimal Yield, ensure that the Pacific Coast Groundfish Fishery Management Plan (FMP) is implemented in a manner consistent with treaty rights of four treaty tribes to fish for Pacific whiting in their ``usual and accustomed grounds and stations'' in common with non-tribal citizens, and to protect salmon stocks listed under the Endangered Species Act.

Notice is hereby given that NMFS has received a revised permit application request for one new enhancement permit. The original permit application was released for public comment on September 26, 2018. However, before the permit application was processed, the applicant requested substantive changes that required additional public review and comment. The proposed work is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management, conservation, and recovery efforts. The application may be viewed online at: https://apps.nmfs.noaa.gov/preview/ preview_open_for_comment.cfm.

The Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration (NOAA), on behalf of the International Pacific Halibut Commission (IPHC), publishes as regulations the 2019 annual management measures governing the Pacific halibut fishery that have been recommended by the IPHC and accepted by the Secretary of State. This action is intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Pacific Fishery Management Council (PFMC) and the North Pacific Fishery Management Council (NPFMC).

The Western Pacific Stock Assessment Review (WPSAR) Steering Committee will convene a public meeting to discuss and approve the 5- year calendar for stock assessments, and to address any other concerns related to the WPSAR process.

This action increases the possession and trip limits of Gulf of Maine cod and witch flounder for Northeast multispecies common pool vessels for the remainder of the 2019 fishing year, in order to provide the common pool fishery greater opportunity to harvest, but not exceed, its annual quota for these stocks.

NMFS implements an accountability measure for the commercial longline component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial longline landings for golden tilefish are projected to reach the longline component's commercial quota on March 14, 2019. Therefore, NMFS closes the commercial longline component of golden tilefish in the South Atlantic EEZ on March 14, 2019, at 12:01 a.m., local time. This closure is necessary to protect the golden tilefish resource.