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

NMFS closes the General category fishery for large medium and giant (i.e., measuring 73 inches curved fork length or greater) Atlantic bluefin tuna (BFT) for the January subquota time period and thus until the General category reopens on June 1, 2019. The intent of this closure is to prevent overharvest of the available General category January 2019 BFT subquota of 100 metric tons (mt).

NMFS and the Pacific Fishery Management Council (Council) announce their intent to prepare an EIS, in accordance with the National Environmental Policy Act (NEPA) of 1969, to analyze the potential short- and long-term impacts of the proposed action to authorize deep-set buoy gear under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) on the human (biological, physical, social, and economic) environment. This notice of intent to prepare an EIS invites interested parties to provide comments on alternatives to be considered in an EIS and to identify potential issues, concerns, and any reasonable additional alternatives that should be considered.

NMFS has received a request from City and Borough of Sitka (CBS) for authorization to take marine mammals incidental to the O'Connell Bridge Lightering Float Pile Replacement Project in Sitka, Alaska. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible one-year renewal that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision.

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to the use of Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) sonar systems onboard U.S. Navy surveillance ships for training and testing activities conducted under the authority of the Secretary of the Navy in the western and central North Pacific Ocean and eastern Indian Ocean (SURTASS LFA sonar activities) beginning August 2019. Pursuant to section 101(a)(5)(A) of the MMPA, NMFS is requesting comments on its proposal to issue regulations to govern the incidental take of marine mammals by Level B harassment during SURTASS LFA sonar activities. The Fiscal Year 2019 (FY19) National Defense Authorization Act (NDAA), signed on August 13, 2018, amended the Marine Mammal Protection Act to extend the maximum authorization period of permitted incidental takings of marine mammals under section 101(a)(5)(A) in the course of specified military readiness activities by the Department of Defense from five to seven years. Therefore, the authorization, if issued, would be in effect from August 2019 to August 2026. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision. The Navy's activities are considered military readiness activities pursuant to the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act for Fiscal Year 2004 (FY 2004 NDAA).

This action reduces that the commercial per-trip possession limit for northern red hake for the remainder of the 2018 fishing year. Regulations governing the small-mesh multispecies fishery require this action because the northern red hake fishery is projected to reach 37.9 percent of its total allowable landing limit for the year. This action is intended to prevent this limit from being exceeded. This announcement also informs the public of the reduced northern red hake possession limit.

NMFS is holding a stakeholder meeting by conference call to provide information on recent progress related to the International Commission for the Conservation of Atlantic Tunas (ICCAT) bluefin tuna management strategy evaluation (MSE). NMFS will also receive input on issues to be considered at an upcoming intersessional meeting of ICCAT's Panel 2, which will focus on initial operational management objectives for the bluefin tuna MSE. The conference call is open to the public.

The New England Fishery Management Council initiated development of Amendment 22 to the Northeast Multispecies Fishery Management Plan, which considered limited access alternatives for the small-mesh multispecies fishery, in 2015. At its December 2018 meeting, the Council voted to take no action on any of the limited access alternatives analyzed in the draft amendment and draft environmental impact statement. With this decision the Council and the National Marine Fisheries Service have completed all the necessary work on this action and hereby withdraw the draft environmental impact statement from further consideration.

NMFS announces receipt of a petition for emergency rulemaking under the Administrative Procedure Act. Sea Shepherd Legal, Sea Shepherd New Zealand Ltd., and Sea Shepherd Conservation Society petitioned the U.S. Department of Commerce and other relevant Departments to initiate emergency rulemaking under the Marine Mammal Protection Act (``MMPA''), to ban importation of commercial fish or products from fish that have been caught with commercial fishing technology that results in incidental mortality or serious injury of M[amacr]ui dolphin in excess of United States standards.

NMFS is closing the Southern Exclusion Zone (SEZ) to deep-set longline fishing for all vessels registered under the Hawaii longline limited access program, as a result of the fishery reaching the established annual trigger of two observed false killer whale mortalities or serious injuries (M&SI) in the fishery within the U.S. Exclusive Economic Zone (EEZ) around Hawaii. This action is necessary to comply with False Killer Whale Take Reduction Plan (Plan) regulations that establish the SEZ closure trigger and procedures to limit M&SI of false killer whales in the Hawaii deep-set longline fishery.

The Caribbean Fishery Management Council's (Council) Scientific and Statistical Committee (SSC) and Districts Advisory Panels (DAPs) will hold a 3-day joint meeting, in March, to discuss the items contained in the agenda in the SUPPLEMENTARY INFORMATION.

The Mid-Atlantic Fishery Management Council will hold a public meeting of the Northeast Regional Marine Fish Habitat Assessment Steering Committee.

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

NMFS announces that the State of North Carolina is transferring a portion of its 2019 commercial summer flounder quota to the State of New Jersey. This quota adjustment is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial quotas for North Carolina and New Jersey.

NMFS proposes to approve and implement the measures of Framework Adjustment 30 to the Atlantic Sea Scallop Fishery Management Plan that establishes scallop specifications and other measures for fishing years 2019 and 2020. This action is necessary to prevent overfishing and improve both yield-per-recruit and the overall management of the Atlantic sea scallop resource. The intended effect of this rule is to notify the public of these proposed measures and to solicit comment on the potential scallop fishery management changes.

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 White Pass & Yukon Route (WP&YR) to incidentally take, by Level A and Level B harassment, seven species of marine mammals during the Railroad Dock dolphin installation project in Skagway, Alaska.

Notice is hereby given that NMFS has received 15 scientific research permit application requests relating to Pacific salmon and steelhead, rockfish, eulachon, 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.

NMFS issued regulations to implement management measures described in Amendment 31 to the Fishery Management Plan (FMP) for Coastal Migratory Pelagics (CMP) of the Gulf of Mexico (Gulf) and Atlantic Region (Amendment 31), as prepared by the Gulf of Mexico (Gulf Council) and South Atlantic Fishery Management Councils (South Atlantic Council) (Councils). This final rule removes Atlantic migratory group cobia (Atlantic cobia) from Federal management under the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). At the same time, this final rule implements comparable regulations under the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act) to replace the existing Magnuson-Stevens Act based regulations in Atlantic Federal waters. The purpose of Amendment 31 is to facilitate improved coordination of Atlantic cobia in state and Federal waters, thereby more effectively constraining harvest and preventing overfishing and decreasing adverse socio-economic effects to fishermen.

The Hydrographic Services Review Panel (HSRP) will hold a meeting that will be open to the public and public comments are requested in advance and/or during the meeting. Information about the HSRP meeting, agenda, presentations, webinar registration, and other background documents will be posted online at: https:// www.nauticalcharts.noaa.gov/hsrp/hsrp.htm and https:// www.nauticalcharts.noaa.gov/hsrp/meetings.htm. Dated: The meeting is planned for two and a half days during March 5-7, 2019. The dates, agenda, and times are subject to change. For updates, please check online at: https:// www.nauticalcharts.noaa.gov/hsrp/hsrp.htm. Location: The meeting venue will be in downtown Washington, DC, and the venue will be posted online in February at: https:// www.nauticalcharts.noaa.gov/hsrp/hsrp.htm. Please email your name, organization and email address by February 25, 2019, to inform the guest list to: Virginia.Dentler@noaa.gov and Lynne.Mersfelder@noaa.gov.

Notice is hereby given that permits or permit amendments have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable.

NMFS approves and implements measures submitted by the New England Fishery Management Council in Framework Adjustment 6 to the Northeast Skate Complex Fishery Management Plan and revises the 2018- 2019 skate fishery specifications. This action is necessary to allow the skate wing total allowable landings to be achieved while minimizing the need to restrict fishing operations through incidental possession limits. This action intends to extend the directed fishing time for both the skate wing and bait fisheries.

The Gulf of Mexico Fishery Management Council will hold a meeting of its Law Enforcement Technical Committee (LETC), in conjunction with the Gulf States Marine Fisheries Commission's Law Enforcement Committee (LEC).

The Gulf of Mexico Fishery Management Council will hold a webinar to collect comments on the Generic AmendmentCarryover of Unharvested Quota.

The Council will hold a meeting of its SSC to review the revision assessments for Blueline Tilefish, Red Grouper, Black Sea Bass, and Vermilion Snapper conducted by NMFS Southeast Fisheries Science Center (SEFSC) staff using the newly calibrated Marine Recreational Information Program (MRIP) catch estimates. See SUPPLEMENTARY INFORMATION.