National Oceanic and Atmospheric Administration 2021 – Federal Register Recent Federal Regulation Documents

We, NMFS, are issuing a final rule to remove a coral, Siderastrea glynni, from the Federal List of Threatened and Endangered Species. Recently obtained genetic and morphological information demonstrates that S. glynni does not meet the statutory definition of a species, and therefore does not qualify for listing under the Endangered Species Act (ESA). Following public comment and peer review of the proposed rule and supporting scientific information, this final rule implements the changes to the listing for S. glynni.

NMFS published a final rule on December 23, 2021, announcing routine inseason adjustments to management measures in the commercial and recreational groundfish fisheries. In implementing these changes, NMFS inadvertently removed the trip limit for California black rockfish between 42[deg] N latitude and 40[deg]10' N latitude in Table 2 (North) and Table 3 (North). This correction is necessary so that the implementing regulations are accurate.

NMFS is adjusting the 2022 total allowable catch (TAC) amounts for the Bering Sea and Aleutian Islands (BSAI) pollock, Atka mackerel, and Pacific cod fisheries. This action is necessary because NMFS has determined these TACs are incorrectly specified, and will ensure the BSAI pollock, Atka mackerel, and Pacific cod TACs are the appropriate amounts based on the best available scientific information. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.

NMFS specifies a 2022 limit of 2,000 metric tons (t) of longline-caught bigeye tuna for each U.S. Pacific territory (American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands (CNMI), the territories). NMFS will allow each territory to allocate up to 1,500 t in 2022 to U.S. longline fishing vessels through specified fishing agreements that meet established criteria. The overall allocation limit among all territories, however, may not exceed 3,000 t. As an accountability measure, NMFS will monitor, attribute, and restrict (if necessary) catches of longline-caught bigeye tuna, including catches made under a specified fishing agreement. These catch limits and accountability measures support the long-term sustainability of fishery resources of the U.S. Pacific Islands.

NMFS publishes the individual fishing quota (IFQ) standard prices and fee percentage for cost recovery for the IFQ Program for the halibut and sablefish fisheries of the North Pacific (IFQ Program). The fee percentage for 2021 is 2.3 percent. This action is intended to provide holders of halibut and sablefish IFQ permits with the 2021 standard prices and fee percentage to calculate the required payment for IFQ cost recovery fees due by January 31, 2022.

The National Marine Fisheries Service, Office of Sustainable Fisheries will host a virtual meeting of the Council Coordination Committee (CCC), consisting of the Regional Fishery Management Council chairs, vice chairs, and executive directors on January 18, 2022. The intent of this meeting is to discuss issues of relevance to the Councils and NMFS, including issues related to the implementation of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act. The meeting is open to the public.

The Gulf of Mexico Fishery Management Council (Council) will hold a four-day meeting to consider actions affecting the Gulf of Mexico fisheries in the exclusive economic zone (EEZ). The meeting is open to the public offering both in-person and virtual options for participation.

We, NMFS, announce a 90-day finding on a petition to list the sunflower sea star (Pycnopodia helianthoides) as threatened or endangered under the Endangered Species Act (ESA) and to designate critical habitat concurrent with the listing. We find that the petition presents substantial scientific information indicating that the petitioned action may be warranted. Therefore, we are initiating a status review of the species to determine whether listing under the ESA is warranted. To ensure this status review is comprehensive, we are soliciting scientific and commercial information regarding this species.

NMFS has received a request from the U.S. Army Corps of Engineers (ACOE) 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 A and Level B harassment, incidental to construction associated with the Debris Dock Replacement Project in Sausalito, California. The project has been delayed and none of the work covered in the initial IHA has been conducted. The initial IHA was effective from September 1, 2021, through August 31, 2022. The ACOE has requested re-issuance with new effective dates of January 5, 2022 through January 4, 2023. 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 identical IHA to cover the incidental take analyzed and authorized in the initial IHA.

The South Atlantic Fishery Management Council (Council) will hold a series of scoping meetings via webinar pertaining to Amendments 51, 52, and 53 to the Fishery Management Plan (FMP) for the Snapper Grouper Fishery of the South Atlantic Region. The amendments adjust catch levels for snowy grouper, golden tilefish, and gag based on results of the latest stock assessments for those species, respectively, and consider adjusting management measures where needed. In addition, Amendment 52 considers changes to recreational accountability and management measures for blueline tilefish. The Council is also soliciting input on ways to reduce the number of released fish and improve the survival of released fish by the snapper grouper fishery in the South Atlantic region. The Council intends to develop a Release Mortality Reduction Framework Amendment to address this issue across the fishery and revise red snapper catch levels.

The South Atlantic Fishery Management Council (Council) will hold a special meeting via webinar to discuss development of its Allocations Decision Tool.

We, NMFS, propose to remove Johnson's seagrass (Halophila johnsonii) from the Federal List of Threatened and Endangered Species. To correspond with this action, we are also proposing to remove the critical habitat designation for Johnson's seagrass. We propose these actions based on newly obtained genetic data that demonstrate that Johnson's seagrass is not a unique taxon but rather a clone of an Indo- Pacific species, Halophila ovalis.

This final rule announces routine inseason adjustments to management measures in commercial and recreational groundfish fisheries. This action is intended to allow commercial and recreational fishery participants to access more abundant groundfish stocks while protecting rebuilding stocks.

The South Atlantic Fishery Management Council (Council) submitted Amendment 10 to the Fishery Management Plan (FMP) for the Dolphin and Wahoo Fishery of the Atlantic (Dolphin and Wahoo FMP) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, Amendment 10 to the Dolphin and Wahoo FMP (Amendment 10) would revise the acceptable biological catch (ABC), annual catch limits (ACLs), sector allocations, accountability measures (AMs), and additional management measures for dolphin and wahoo. The additional management measures would address commercial trip limits, authorized fishing gear, the operator permit (card) requirement for dolphin and wahoo, and the recreational vessel limit for dolphin. The purpose of Amendment 10 is to base conservation and management measures for dolphin and wahoo on the best scientific information available and increase net benefits from the fishery.

NMFS announces that the Commonwealth of Virginia and the State of Florida are transferring a portion of their 2021 commercial bluefish quota to the states of North Carolina and Rhode Island, respectively. These quota adjustments are 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 Virginia, North Carolina, Florida, and Rhode Island.

NMFS is reallocating the projected unused amounts of Pacific cod total allowable catch (TAC) from catcher vessels using trawl gear to catcher/processors using trawl gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to allow the 2021 TAC of Pacific cod in the Central Regulatory Area of the GOA to be harvested.

NMFS publishes for public review and comment information regarding a permit application for transshipment of farmed salmon from aquaculture operations in Maine waters to processing plants in Canada by Canadian flagged vessels. The application for a transshipment permit is submitted under provisions of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This action is necessary for NMFS to make a determination that the permit application can be approved.

NMFS reopens the General category fishery for four days within the December 2021 General category subquota period. This action is intended to provide a reasonable opportunity to harvest the annual U.S. bluefin tuna (BFT) quota without exceeding it, while maintaining an equitable distribution of fishing opportunities across time periods. This action affects Atlantic Tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT.

The SEDAR 79 assessment process of Gulf of Mexico and South Atlantic mutton snapper will consist of a Data Workshop, and a series of assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

The Mid-Atlantic Fishery Management Council's (Council) Research Steering Committee will hold a meeting.

The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Fish and Wildlife Service (USFWS), as co-leads, announce their intention to prepare a Monument Management Plan (MMP) for the Pacific Remote Islands Marine National Monument (Monument). NOAA and USFWS are updating their original notice of intent to draft the MMP to include information about the expansion of the Monument in 2014, and to announce that NOAA and USFWS are co-leads in drafting the MMP. NOAA and USFWS are seeking input on issues, concerns, ideas, and suggestions for the future management of the Monument. NOAA and USFWS will also prepare a draft environmental assessment, concurrent with the management plan, to evaluate potential effects of implementing the proposed management alternatives for the Monument. Following the completion of the MMP, USFWS will prepare new individual Comprehensive Conservation Plans (CCPs) and revise existing CCPs for National Wildlife Refuges within the Monument, as appropriate.

The Gulf of Mexico Fishery Management Council (Council) will hold a one-and-a-half-day hybrid (in-person/virtual) meeting of its Reef Fish Advisory Panel (AP).

The National Oceanic and Atmospheric Administration (NOAA) has prepared a draft management plan (DMP) as part of the Channel Islands National Marine Sanctuary (CINMS or sanctuary) management plan review. The DMP, which replaces a 2009 sanctuary management plan, addresses current and emerging threats in CINMS and reflects changes in new science and technologies, how people use the sanctuary, and community needs. The DMP supports continued protection of sanctuary resources through enforcement of existing sanctuary regulations, education and outreach strategies that promote ocean stewardship, and community- inclusive involvement. Consistent with the information provided in the 2019 Notice of Intent, NOAA is not proposing modifications to the sanctuary regulations at this time, but may consider regulatory changes in the future. NOAA also prepared a draft environmental assessment (DEA), which evaluates the environmental impacts of implementing the DMP, ongoing field activities, and the existing sanctuary regulations. NOAA is soliciting public comments on the DMP and DEA at this time.

NMFS is prohibiting directed fishing for Pacific ocean perch in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2021 Pacific ocean perch total allowable catch (TAC) in the Bering Sea subarea of the BSAI.

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.