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

NMFS approves and implements changes to the Mid-Atlantic Fishery Management Council's Risk Policy. This action is intended to adjust the Council's risk policy by accepting a higher level of risk for stocks at or above biomass targets. These adjustments could lead to increases in catch limits for healthy fisheries managed by the Council.

In accordance with the Marine Mammal Protection Act of 1972 and the False Killer Whale Take Reduction Plan, NMFS is publishing a new trigger value for the Southern Exclusion Zone closure. The new trigger is four observed mortality or serious injuries of false killer whales incidental to the deep-set longline fishery within the U.S. Exclusive Economic Zone.

NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear and trawl catcher vessels (CVs) to CVs less than 60 feet (18.3 m) length overall (LOA) using hook-and-line or pot gear and American Fisheries Act (AFA) catcher/processors (CPs) in the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to allow the 2020 total allowable catch (TAC) of Pacific cod to be harvested.

NMFS announces that the date for the Atlantic Shark Identification workshop originally scheduled for November 12, 2020, in Largo, FL, has been changed. The new date is January 7, 2021. The workshop time and location remain unchanged: 12 p.m. to 4 p.m. on January 7, 2021, in Largo, FL. Atlantic Shark Identification workshops are mandatory for Atlantic shark dealers. Additional free workshops will be conducted during 2021.

Free Atlantic Shark Identification Workshops and Safe Handling, Release, and Identification Workshops will be held in January, February, and March of 2021. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and to maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and who have also been issued shark or swordfish limited access permits. Additional free workshops will be conducted during 2021 and will be announced in a future notice.

The federal government ceased printing of paper nautical charts in April 2014. Since then, the Office of Coast Survey has successfully transitioned the printing of paper nautical charts to the private sector and, since the Federal Register Notice of January 2, 2014, has certified more than three dozen companies to print and sell NOAA nautical charts and the United States Coast Pilot[supreg]. This transition has resulted in a broad market providing product differentiation with optional value-added features. However, Coast Survey is in the process of reducing the amount of traditional NOAA paper nautical products that it maintains as it moves to facilitating a method from which paper charts can be derived from the NOAA's electronic navigational charts (NOAA ENC[supreg]) found on website: https://nauticalcharts.noaa.gov/charts/ noaa-enc.html. Within the next five years, the number of unique charts that will be available for vendors to print will be reduced by roughly 60%. Coast Survey recognized that a hold on accepting new applications must be put in place until the final number of traditional paper charts that NOAA will maintain is determined. The plan for transitioning away from the traditional NOAA paper charts is available in the ``Sunsetting Traditional NOAA Paper Charts'' document found on the following website: https://nauticalcharts.noaa.gov/publications/docs/raster- sunset.pdf. To maintain a healthy market that meets the needs of recreational and commercial mariners, Coast Survey is suspending the certifications for new, non-certified printers of charts while continuing to maintain certification of printers who continue to meet standards as provided under their current agreements. There are currently eight certified printers of the Coast Pilot. Coast Survey feels the market can bear no more that 10 of these printers. Once there are 10 certified printers of the Coast Pilot, Coast Survey will suspend the certifications for new, non-certified printers of the Coast Pilot.

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 U. S. Coast Guard (Coast Guard) to incidentally harass, by Level B harassment only, marine mammals during activities associated with the Base Los Angeles/Long Beach Wharf Expansion Project in Los Angeles, California.

In this final rule, NMFS implements an annual catch limit (ACL) of 30,802 lb (13,972 kg), and an annual catch target (ACT) of 25,491 lb (11,563 kg), of Hawaii Kona crab for fishing years 2020-2023. This rule also implements, as accountability measures (AM), an in- season closure of the fishery if catch is projected to reach the ACT, and a post-season adjustment if catch exceeds the ACL. This action support the long-term sustainability of the Hawaii Kona crab fishery.

This action provides participants in the Pacific Coast Groundfish Trawl Rationalization Program with the 2021 cost recovery fee percentages and the average mothership (MS) price per pound to be used in the catcher/processor (C/P) coop program to calculate the fee amount for the upcoming calendar year. For the 2021 calendar year, NMFS announces the following fee percentages by sector specific program: 2.5 percent for the Shorebased Individual Fishing Quota (IFQ) Program; 1.3 percent for the MS Co-op Program; and 0.2 percent for the C/P Co-op Program. For 2021, the MS pricing to be used as a proxy by the C/P Co- op Program is $0.09/lb for Pacific whiting.

NMFS announces that the Commonwealth of Massachusetts is transferring a portion of its 2020 commercial bluefish quota to the State of Rhode Island. This quota adjustment is necessary to comply with the Atlantic Bluefish Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial bluefish quotas for Massachusetts and Rhode Island.

NMFS is correcting a final rule that published in the Federal Register on June 25, 2020, implementing Amendment 109 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP) and a regulatory amendment to the regulations governing pollock fishing in the Gulf of Alaska (GOA). The final rule's intent as to Pacific cod was to change the seasonal apportionments of Pacific cod for the trawl catcher vessel (CV) sector. However, in changing the seasonal apportionments, the final rule's regulatory text inadvertently affected the jig sector such that it became unclear if the new, overall seasonal apportionments apply to the jig sector. This correction is necessary to clarify seasonal apportionments of Pacific cod for the jig sector.

The Hawaii Longline Association (HLA) has applied for an experimental fishing permit (EFP) to test the conservation and management usefulness of tori lines (bird scaring streamers) in the Hawaii deep-set longline fishery.

NMFS announces closures for the 2021 fishing season for the red snapper private angling component in the exclusive economic zone (EEZ) off Texas in the Gulf of Mexico (Gulf) through this temporary rule. The red snapper recreational private angling component in the Gulf EEZ off Texas will close on January 1, 2021, until 12:01 a.m., local time, on June 1, 2021. This closure is necessary to prevent the private angling component from exceeding the Texas regional management area annual catch limit (ACL) and to prevent overfishing of the Gulf red snapper resource.

NMFS reviewed the Alaska, Atlantic, and Pacific regional marine mammal stock assessment reports (SARs) in accordance with the Marine Mammal Protection Act (MMPA). SARs for marine mammals in the Alaska, Atlantic, and Pacific regions were revised according to new information. NMFS solicits public comments on the draft 2020 SARs. NMFS is also requesting new information for strategic stocks that were not updated in 2020.

This final rule modifies Federal permit conditions and imposes participation requirements for certain federally permitted vessels when fishing for Pacific cod in state waters adjacent to the exclusive economic zone of the Bering Sea and Aleutian Islands during the State of Alaska's parallel Pacific cod fishery. This action is necessary to enhance Federal conservation, management, and catch accounting measures previously adopted by the North Pacific Fishery Management Council (Council) regarding license limitation, sector allocations, and catch reporting. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, and other applicable law.

NMFS is reallocating the projected unused amounts of Pacific cod total allowable catch (TAC) from catcher/processors using hook-and- line gear, catcher vessels less than 50 feet using hook-and-line gear, catcher vessels greater than or equal to 50 feet using hook-and-line gear, and vessels using pot gear to catcher vessels using trawl gear and catcher/processors using trawl gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to allow the 2020 TAC of Pacific cod in the Central Regulatory Area of the GOA to be harvested.

Notice is hereby given of a virtual public meeting of the Interagency Marine Debris Coordinating Committee (IMDCC). IMDCC members will discuss federal marine debris activities, with a particular emphasis on the topics identified in the section on Matters to Be Considered.

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.

This final rule establishes the 2021 opening date for all Atlantic shark fisheries, including the fisheries in the Gulf of Mexico and Caribbean. This final rule also establishes the shark fisheries quotas for the 2021 fishing year, with adjustments based on harvest levels during 2020, and establishes the large coastal shark (LCS) retention limits for directed shark limited access permit holders. NMFS may increase or decrease these retention limits for directed shark limited access permit holders during the year, in accordance with existing regulations, to provide equitable fishing opportunities for commercial shark fishermen in all regions and areas, to the extent practicable. These actions could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.