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

The National Oceanic and Atmospheric Administration (NOAA) is soliciting applications for membership on the United States Integrated Ocean Observing System Advisory Committee (the Committee), which is a Federal advisory committee. Members of the Committee will fulfill the requirements of the Integrated Coastal and Ocean Observation System Act of 2009 (the Act). The Committee provides advice to the Under Secretary of Commerce for Oceans and Atmosphere and to the Interagency Ocean Observation Committee on the planning, integrated design, operation, maintenance, enhancement, and expansion of the United States Integrated Ocean Observing System (U.S. IOOS). U.S. IOOS promotes research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies and modeling systems, addresses regional and national needs for ocean information, gathers data on key coastal, ocean, and Great Lakes variables and ensures timely and sustained dissemination and availability of these data for societal benefits. U.S. IOOS benefits national safety, the economy, and the environment through support for national defense, marine commerce and forecasting, navigation safety, weather, climate, energy siting and production, economic development, ecosystem-based management of marine and coastal areas, conservation of ocean and coastal resources and public safety. The Act requires the establishment and administration of this Committee by the Under Secretary of Commerce for Oceans and Atmosphere. NOAA will hereby accept applications for membership on the Committee to fill two vacancies that occurred in late 2019. These vacancy appointments shall be for the remainder of the unexpired term of the vacancy, which ends August 15, 2021. An individual so appointed may subsequently be appointed for an additional three-year term. The Act states: ``Members shall be qualified by education, training, and experience to evaluate scientific and technical information related to the design, operation, maintenance, or use of the [Integrated Ocean Observing] System, or use of data products provided through the System.'' NOAA encourages individuals with expertise in oceanographic data, products, and services; coastal management; fisheries management; coastal and marine spatial planning; geodesy; water levels; and other science-related fields to submit applications for Committee membership. To apply for membership on the Committee, applicants should submit a resume highlighting their qualifications as indicated in the ADDRESSES section. NOAA is an equal-opportunity employer.

This action provides participants in the Pacific Coast Groundfish Trawl Rationalization Program (Trawl Program), Shorebased Individual Fishing Quota (IFQ) Program with the updated 2020 fee percentage needed to calculate the required payments for the cost recovery fees due for the remainder of 2020. For the remainder of calendar year 2020, NMFS announces that the Shorebased IFQ Program fee percentage will be 2.88 percent.

The National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management will hold a public meeting to solicit comments on the performance evaluation of the Maryland Coastal Management Program and Chesapeake Bay Maryland National Estuarine Research Reserve.

The Pacific Fishery Management Council's (Council) Climate and Communities Core Team (CCCT) will hold an online meeting, which is open to the public.

The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) (the Federal agencies) invite public comment on the agencies' proposed finding that Washington has satisfied all conditions the agencies established as part of their 1998 approval of the State's coastal nonpoint pollution control program (coastal nonpoint program). The Coastal Zone Act Reauthorization Amendments (CZARA) directs states and territories with coastal zone management programs previously approved under Section 306 of the Coastal Zone Management Act to develop and implement coastal nonpoint programs, which must be submitted to the Federal agencies for approval. Prior to making such a finding, NOAA and the EPA invite public input on the two Federal agencies' rationale for this proposed finding.

NMFS issues regulations to implement Regulatory Amendment 29 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP) (Regulatory Amendment 29), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule requires descending devices to be on board vessels and requires the use of specific fish hook types while fishing for or possessing snapper-grouper species. This rule also allows the use of powerheads in Federal waters off South Carolina to harvest snapper- grouper species. The purpose of this rule is to modify fishing gear requirements to promote best fishing practices and to ensure consistent regulations for the dive component of the snapper-grouper fishery.

NMFS has received a request from the Washington State Department of Transportation (WSDOT) for authorization to take marine mammals incidental to Mukilteo Multimodal Construction Project in Washington State. 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.

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

This rule revises reporting and monitoring provisions for vessels participating in the Pacific Coast groundfish fishery. This would: Increase the position transmission rate for certain vessels using NMFS type-approved vessel monitoring system units; allow midwater trawl vessels participating in the Pacific whiting fishery to change their landing declarations while at sea; exempt groundfish trawl vessels from observer coverage while testing authorized fishing gear; and allow shorebased Individual Fishing Quota fixed gear vessels to deploy pot gear in one management area while retrieving gear from another management area on a single trip. This action will increase monitoring efficiency and effectiveness, improve enforcement of restricted areas, and increase operational flexibility for groundfish fishery participants.

Notice is hereby given that Oregon State University, Marine Mammal Institute, 2030 Southeast Marine Science Drive, Newport, OR 97365 (Responsible Party: Bruce Mate, Ph.D.)., has applied for an amendment to Scientific Research Permit No. 21585.

NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements contained in regulations published in a final rule on December 20, 2019. The final rule implements International Maritime Organization (IMO) requirements in Inter-American Tropical Tuna Commission (IATTC) Resolution C-18-06 (Resolution (Amended) on a Regional Vessel Register) and amendments to existing regulations governing inclusion on the IATTC Regional Vessel Register (Vessel Register) by purse seine vessels fishing in the eastern Pacific Ocean (EPO). The intent of this final rule is to inform the public of the effectiveness of the collection-of-information requirements associated with the final rule. This final rule also corrects the regulatory text to implement two collection-of-information requirements that were included in the December 20, 2019, final rule and inadvertently set to become effective on January 21, 2020, before being approved by OMB under the Paperwork Reduction Act (PRA). Those two collection-of-information requirements were corrected in a correcting amendment in a final rule published on February 13, 2020 and are made effective in this final rule.

NMFS is closing the directed fishery for Herring Management Area 3. This closure is required because NMFS projects that 92 percent of the catch amount for Management Area 3 has been caught. This action is intended to prevent overharvest of Atlantic herring in Management Area 3, which will result in additional quota reductions next year.

The SEDAR 65 assessment of the Atlantic stock of blacktip shark will consist of a series of workshops and webinars: Data Workshop; Assessment Webinars; and a Review workshop.

The South Atlantic Fishery Management Council (Council) will hold a meeting of its Citizen Science Operations Committee via webinar.

NMFS has received a request from the St. George Reef Lighthouse Preservation Society (Society) for authorization to take small numbers of marine mammals incidental to Lighthouse Repair and Tour Operations at Northwest Seal Rock, California over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the Society's request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the Society's application and request.

The Advisory Committee (Committee) to the U.S. Section to the International Commission for the Conservation of Atlantic Tunas (ICCAT) announces two upcoming open session virtual meetings of its Species Working Groups, to be held June 22 and June 25, 2020.

This announcement provides notice that the decision record reopened on June 5, 2020, and closed on June 5, 2020, for an administrative appeal filed with the Department of Commerce (Department) by WesternGeco requesting that the Secretary of Commerce (Secretary) override an objection by the North Carolina Division of Coastal Management to a consistency certification for a proposed project to conduct a marine Geological and Geophysical seismic survey in the Atlantic Ocean.

In accordance with applicable federal regulations, notice is hereby given that the National Oceanic and Atmospheric Administration (NOAA)'s Office for Coastal Management approved the final environmental assessment of a proposed boundary expansion for the Elkhorn Slough National Estuarine Research Reserve in Watsonville, California. NOAA determined that the boundary expansion would not have significant environmental impacts and, therefore, issued a Finding of No Significant Impact (FONSI). The final environmental assessment describes the alternatives considered, including the preferred alternative to add nine parcels to and remove one parcel from the existing approved boundary, which would result in a net increase of 299.773 acres in size to the boundary. NOAA prepared a draft environmental assessment to analyze the effects of the requested changes and solicited public comment before approving the request [84 FRN 57702]. The purpose of this notice is to inform the public of NOAA's approval of the boundary expansion and of the availability of the final environmental assessment.

The Mid-Atlantic Fishery Management Council's (MAFMC) Bluefish Advisory Panel will hold a public meeting, jointly with the Atlantic States Marine Fisheries Commission (ASMFC) Bluefish Advisory Panel.

NMFS announces the withdrawal of the Federal moratorium on fishing for Atlantic menhaden in the waters of the Commonwealth of Virginia. NMFS withdraws the moratorium, as required by the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act), based on its determination that Virginia is now in compliance with the Atlantic States Marine Fisheries Commission's (Commission) Interstate Fishery Management Plan for Atlantic Menhaden.

The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Committee via webinar 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 announces that the dates for the Atlantic Shark Identification workshops originally scheduled for May 7, 2020, in Ronkonkoma, NY, and for June 11, 2020, in Manahawkin, NJ have been changed to August 20, 2020, and September 17, 2020, respectively. Also, NMFS is rescheduling the Safe Handling, Release, and Identification workshops originally scheduled for on, Key Largo, FL on May 1, 2020; and Kenner, LA on May 4, 2020. The dates for these workshops have been changed to July 13, 2020, and July 27, 2020, respectively. The workshop times and locations remains unchanged: 12 p.m.-4 p.m. for the Atlantic Shark Identification workshops; and, 9 a.m.-5 p.m. for the Safe Handling, Release, and Identification workshops. Atlantic Shark Identification workshops are mandatory for federally-permitted Atlantic shark dealers. Safe Handling, Release, and Identification workshops are mandatory for shark and swordfish limited-access permit holders who fish with longline or gillnet gear. Additional free workshops will be conducted during 2020.

The National Oceanic and Atmospheric Administration (NOAA) publishes this notice to solicit comments on the draft 2020-2040 NOAA Education Strategic Plan (Plan). NOAA received broad legislative authority from Congress through the America COMPETES Act (2007, 2010) and the American Innovation and Competitiveness Act (2017) to conduct, develop, support, promote, and coordinate formal and informal education activities at all levels to enhance public awareness and understanding of ocean, coastal, Great Lakes, and atmospheric science and stewardship by the general public and other coastal stakeholders, including underrepresented groups in ocean and atmospheric science and policy careers. The legislative authority requires NOAA to develop a 20 year plan that is updated every 5 years. This Plan updates the goals for NOAA Education established in the 2015-2035 Education Strategic Plan. NOAA is seeking broad public review of the Plan and encourages all stakeholders and users to review the Plan and provide comments. All comments received will be reviewed and considered in the final drafting of the Plan.

NMFS has received a request from the U.S. Navy (Navy) to take marine mammals incidental to training and testing activities conducted in the Northwest Training and Testing (NWTT) Study Area. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue regulations and subsequent Letters of Authorization (LOAs) 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 LOAs. Agency responses to public comments will be provided 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).