National Oceanic and Atmospheric Administration January 2020 – Federal Register Recent Federal Regulation Documents

The Pacific Fishery Management Council (Pacific Council) will convene a Stock Assessment Review (STAR) Panel meeting to review the 2020 Pacific sardine stock assessment.

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 National Science Foundation (NSF) Office of Polar Programs on behalf of the University of Houston to incidentally harass, by Level B harassment only, marine mammals during a low-energy marine geophysical survey in the Amundsen Sea, Antarctica.

NMFS has received a request from the U.S. Navy (Navy) to take marine mammals incidental to training and testing activities conducted in the Mariana Islands Training and Testing (MITT) Study Area. Pursuant to the MMPA, NMFS is requesting comments on its proposal to issue regulations and subsequent Letter of Authorization (LOA) to the Navy to incidentally take marine mammals during the specified activities. NMFS will consider public comments prior to issuing any final rule and making final decisions on the issuance of the requested LOA. Agency responses to public comments will be summarized in the notice of the final decision. The Navy's activities qualify as military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (2004 NDAA).

Notice is hereby given that NMFS has received sixteen scientific research permit application requests relating to Pacific salmon and steelhead, rockfish, and eulachon. 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 has proposed to grant a waiver of the Marine Mammal Protection Act's moratorium on the take of marine mammals to allow the Makah Indian Tribe to take a limited number of Eastern North Pacific gray whales. A formal hearing took place on November 14-21, 2019 before Administrative Law Judge George J. Jordan in the Henry M. Jackson Federal Building, 915 Second Avenue, Seattle, WA 98174. NMFS now requests public comment on the proposed waiver and proposed regulations.

We, NMFS, have determined that a designation of critical habitat for the chambered nautilus (Nautilus pompilius) is not prudent at this time. Based on a comprehensive review of the best scientific data available, we find that there are no areas that meet the definition of critical habitat for the species; the species primarily occurs outside the jurisdiction of the United States, and areas within the jurisdiction of the United States provide no more than negligible conservation value, if any. Given the above circumstances, we have determined that a designation of critical habitat for this species is not prudent.

NMFS is reallocating the projected unused amounts of the Community Development Quota (CDQ) pollock directed fishing allowance (DFA) from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to provide opportunity for harvest of the 2020 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).

NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements, which were contained in regulations to implement catch handling and monitoring requirements to allow Pacific halibut (halibut) bycatch to be sorted on the deck of trawl catcher/processors (C/Ps) and motherships participating in the non-pollock groundfish fisheries off Alaska, in a final rule published on October 15, 2019. The intent of this rule is to inform the public of the effectiveness of the collection-of-information requirements associated with the catch handling and monitoring requirements included in the October 15, 2019, final rule.

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration. The Exempted Fishing Permit would allow commercial fishing vessels to use dredge fishing gear with a forward facing camera within the Great South Channel Habitat Management Area to characterize habitat substrate types where dredge fishing occurs, and conduct compensation fishing that would support research conducted by the Coonamessett Farm Foundation. 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 Caribbean Fishery Management Council's (Council) Ecosystem-Based Fishery Management Technical Advisory Panel (EBFM TAP) will hold a two-hours webinar meeting to address the items contained in the agenda included in the SUPPLEMENTARY INFORMATION.

NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters) length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the A season apportionment of the 2020 total allowable catch of Pacific cod to be harvested.

This final rule corrects minor errors published in our rule approving and implementing Framework Adjustment 58 to the Northeast Multispecies Fishery Management Plan and distributes sector allocation carried over from fishing year 2018 into fishing year 2019 as authorized by the sector regulations. This action is necessary to correct errors published in the final rule and to allocate carryover quota to sectors. The carryover adjustments are routine and formulaic, and industry expects them each year.

Notice is hereby given of a public in-person meeting of the U. S. Integrated Ocean Observing System (IOOS[supreg]) Advisory Committee (Committee).

The U.S. Vessel Monitoring System (VMS) program type-approves enhanced mobile transceiver units (EMTUs) for use in U.S. fisheries. Currently, the only approved method for transferring VMS data from a vessel to NMFS is by satellite-linked communication services. This proposed rule would amend the existing VMS type-approval regulations to add cellular-based EMTUs (EMTU-Cs) type-approval application and testing procedures; compliance and revocation processes; and technical, service, and performance standards. This proposed rule is necessary to allow for the use of EMTU-Cs and cellular communication service, in addition to satellite-only models, in federally managed fisheries.

The Mid-Atlantic Fishery Management Council's (Council) Atlantic Mackerel, Squid, and Butterfish (MSB) Committee will hold a meeting.

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

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

NMFS announces that the Commonwealth of Virginia is transferring a portion of its 2019 commercial summer flounder quota to the State of New York. This retroactive adjustment to the 2019 fishing year quota 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 retroactively revised 2019 commercial quotas for Virginia and New York.

NMFS proposes to implement management measures as described in an abbreviated framework action to the Fishery Management Plans (FMPs) for Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP) and Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and Atlantic Region (CMP FMP), as prepared by the Gulf of Mexico Fishery Management Council (Gulf Council). This proposed rule would modify the Federal regulations for historical captain permits in the reef fish and CMP fisheries in the Gulf of Mexico (Gulf) Exclusive Economic Zone (EEZ), to provide an opportunity for eligible historical captain permit holders to replace their permits with standard Federal charter vessel/ headboat permits. It is expected that the rule would reduce the regulatory and economic burden on historical captain permit holders. In addition, NMFS proposes a correction to the regulations regarding commercial king mackerel permit requirements from an inadvertent error in the final rule for Amendment 20A to the FMP for the CMP Resources in the Gulf of Mexico and Atlantic Region.

NMFS has received a request from Halibut Point Marine Services, LLC (HPMS) for authorization to take marine mammals incidental to the Old Sitka Dock North Dolphins Expansion 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 publishes the standard ex-vessel prices and fee percentage for cost recovery under the Central Gulf of Alaska Rockfish Program. This action is intended to provide participants in a rockfish cooperative with the standard prices and fee percentage for the 2019 fishing year, which was authorized from May 1 through November 15. The fee percentage is 3.0 percent. The fee payments are due from each rockfish cooperative on or before February 15, 2020.

NMFS has received a request from the Alaska Department of Transportation and Public Facilities (ADOT) for the re-issuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of seven species of marine mammals, by Level B harassment, incidental to construction associated with the city dock and ferry terminal improvement project in Tenakee Springs, Alaska. The project has been delayed and none of the work covered in the initial IHA has been conducted. The initial IHA was effective from June 1, 2019, through May 31, 2020. ADOT has requested re-issuance with new effective dates of June 1, 2020, through May 31, 2021. The scope of the activities and anticipated effects remain the same, authorized take numbers are not changed, and the required mitigation, monitoring, and reporting remains the same as included in the initial IHA. NMFS is, therefore, issuing a second IHA to cover the incidental take analyzed and authorized in the initial IHA.