National Oceanic and Atmospheric Administration 2022 – Federal Register Recent Federal Regulation Documents

The North Pacific Fishery Management Council (Council) submitted Amendment 122 to the Fishery Management Plan (FMP) for groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI) to the Secretary of Commerce for review. If approved, Amendment 122 would implement the Pacific cod Trawl Cooperative (PCTC) Program, a limited access privilege program. Amendment 122 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), Amendment 122, and the BSAI FMP.

The North Pacific Fishery Management Council (NPFMC) Ecosystem Committee will meet January 18, 2023 through January 19, 2023.

Notice is hereby given that The University of Alaska Southeast, 1332 Seward Ave, Sitka, AK 99835 (Responsible Party: Jan Straley), has applied for an amendment to scientific research Permit No. 24378.

This proposed rule would add species or groups of species to the Seafood Import Monitoring Program (SIMP) established pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (MSA). In addition, this proposed rule would amend SIMP regulations to clarify the responsibilities of the importer of record; amend the definition of importer of record to more closely align with the U.S. Customs and Border Protection (CBP) definition; amend the language requiring chain of custody records to be made available for audit or inspection to add a requirement that such records be made available through digital means if requested by NMFS; clarify the Aggregated Harvest Report criteria; and clarify the application of SIMP requirements to imports into the Pacific Insular Areas.

NMFS implements an accountability measure (AM) through this temporary rule for commercial harvest of king mackerel in the southern zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) using run-around gillnet gear. NMFS has determined that landings of king mackerel harvested by run-around gillnet gear in the Gulf southern zone exceeded the commercial annual catch limit (ACL) in the 2021-2022 fishing year. Therefore, NMFS reduces the southern zone commercial ACL for king mackerel fishing using run-around gillnet gear in the Gulf EEZ during the 2022-2023 fishing year. This commercial ACL reduction is necessary to protect the Gulf king mackerel resource.

NMFS has received a request from Revolution Wind, LLC (Revolution Wind), a 50/50 joint venture between [Oslash]rsted North America, Inc. ([Oslash]rsted) and Eversource Investment, LLC, for Incidental Take Regulations (ITR) and an associated Letter of Authorization (LOA). The requested regulations would govern the authorization of take, by Level A harassment and/or Level B harassment, of small numbers of marine mammals over the course of 5 years (2023- 2028) incidental to construction of the Revolution Wind Offshore Wind Farm Project offshore of Rhode Island in a designated lease area on the Outer Continental Shelf (OCS-A-0486), within the Rhode Island- Massachusetts Wind Energy Area (RI/MA WEA). Project activities likely to result in incidental take include pile driving (impact and vibratory), potential unexploded ordnance (UXO/MEC) detonation, and vessel-based site assessment surveys using high-resolution geophysical (HRG) equipment. NMFS requests comments on its proposed rule. NMFS will consider public comments prior to making any final decision on the promulgation of the requested ITR and issuance of the LOA; agency responses to public comments will be summarized in the final notice of our decision. The proposed regulations would be effective October 5, 2023-October 4, 2028.

NMFS received a request from the United States Navy (Navy) for the renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to Fuel Pier Inboard Pile Removal Project at Naval Base Point Loma in San Diego Bay, California. These activities consist of activities that are covered by the current authorization but will not be completed prior to its expiration. Pursuant to the Marine Mammal Protection Act, prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30-day comment period.

NMFS proposes to implement management measures described in Framework Amendment 1 under the Fishery Management Plans for Puerto Rico, St. Croix, and St. Thomas and St. John (collectively, the island- based FMPs) (Framework Amendment 1). If implemented, this proposed rule would modify annual catch limits (ACLs) for spiny lobster in the U.S. Caribbean exclusive economic zone (EEZ) off Puerto Rico, St. Croix, and St. Thomas and St. John. The proposed rule would also revise the accountability measure (AM) trigger for spiny lobster in the EEZ around each island group. The purpose of this proposed rule is to update management reference points for spiny lobster under the island-based FMPs, consistent with the best scientific information available to prevent overfishing and achieve optimum yield (OY).

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 NOAA Office of Marine Aviation Operations (OMAO) to incidentally harass, by Level A and Level B harassment, marine mammals during construction activities associated with vessel relocation at Naval Station Newport (NAVSTA) in Newport, Rhode Island.

NMFS issues final specifications for the 2023 Atlantic bluefish fishery, as recommended by the Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission. This action is necessary to establish allowable harvest levels for the stock to prevent overfishing and promote rebuilding, while enabling optimum yield, using the best scientific information available.

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. National Science Foundation (NSF) to incidentally harass marine mammals during geophysical surveys in the Ross Sea, Antarctica.

The National Marine Fisheries Service (NMFS) is extending the public comment period for the proposed Elliott State Research Forest Habitat Conservation Plan (HCP). NMFS is reviewing the Incidental Take Permit (ITP) application submitted by the Oregon Department of State Lands (ODSL), who is seeking authorization from NMFS and the U.S. Fish and Wildlife Service (FWS) for the incidental take of three species (two under FWS jurisdiction, and one under NMFS jurisdiction). The FWS is the lead federal agency under the National Environmental Policy Act (NEPA), and NMFS is a cooperating agency. FWS is extending the public comment period on the Draft Environmental Impact Statement and proposed HCP until January 10, 2023; therefore, NMFS is also extending its public comment period on the proposed HCP until January 10, 2023.

NMFS announces the availability of the ``Draft Supplemental Programmatic Environmental Assessment (SPEA) for Fisheries Research Conducted and Funded by the Northwest Fisheries Science Center.'' Publication of this notice begins the official public comment period for this SPEA. The purpose of this Draft SPEA is to evaluate potential direct, indirect, and cumulative effects of changes in research that were not analyzed in the 2018 Northwest Fisheries Science Center (NWFSC) Programmatic Environmental Assessment (PEA), or new research activities along the U.S. West Coast, from California US-Mexico Border to Washington US-Canada Border. Select surveys in partnership with Department of Fisheries and Oceans-Canada extend this research area through British Columbia, Canada to Alaska. Where necessary, updates to certain information on species, stock status or other components of the affected environment that may result in different conclusions from the 2018 PEA are presented in this analysis.

This final rule implements regulatory amendments that apply to the Pacific Coast Groundfish Trawl Rationalization Program participants that operate in the non-tribal Pacific whiting fishery. This rulemaking adjusts the primary Pacific whiting season start date for all sectors of the Pacific whiting fishery north of 40[deg]30' N latitude (lat.) from May 15 to May 1, removes from regulation the mothership catcher vessel (MSCV) processor obligation deadline of November 30, removes from regulation the Mothership (MS) processor cap of 45 percent, and provides the ability to operate as a Catcher/Processor (CP) and an MS in the same year. This action is necessary to provide MS sector participants with greater operational flexibility by modifying specific regulations that have been identified as potentially contributing to lower attainment of the Pacific whiting allocation compared to the CP and shoreside Pacific whiting sectors. This final rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Pacific Coast Groundfish Fishery Management Plan, and other applicable laws.

Under the authority of the Marine Mammal Protection Act (MMPA), and pursuant to a court order, the NMFS Assistant Administrator for Fisheries (Assistant Administrator) has implemented import restrictions on the products harvested in certain Government of New Zealand (GNZ) regulated fisheries: West Coast North Island multi- species set-net fishery, and West Coast North Island multi-species trawl fishery. Similar fish products harvested from other areas or with other types of fishing gear are eligible for entry into the U.S. market only when accompanied by Certification of Admissibility validating origin from other than the restricted fisheries.

NMFS proposes regulations to implement Framework Adjustment 17 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan and Framework Adjustment 6 to the Bluefish Fishery Management Plan. This framework was developed by the Mid-Atlantic Fishery Management Council in conjunction with the Atlantic States Marine Fisheries Commission to revise the process for setting recreational management measures, and recreational accountability measures, for summer flounder, scup, black sea bass, and bluefish.

NMFS closes the General category fishery for large medium and giant (i.e., measuring 73 inches (185 centimeters) curved fork length or greater) Atlantic bluefin tuna (BFT) for the December subquota time period, and thus for the remainder of 2022. This action applies to 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. Fishermen aboard General category permitted vessels and HMS Charter/ Headboat permitted vessels may tag-and-release BFT of all sizes, subject to the requirements of the catch-and-release and tag-and- release programs. On January 1, 2023, the fishery will reopen automatically.

The South Atlantic Fishery Management Council (Council) will host a Seminar Series presentation on NOAA's Recent Deep-Sea Coral Related Research, Exploration, and Mapping in the U.S. South Atlantic via webinar on January 10, 2023.

The SEDAR 76 assessment of the South Atlantic stock of Black Sea Bass will consist of a series of assessment webinars. See SUPPLEMENTARY INFORMATION.

NMFS issues this temporary rule to withhold a portion of the commercial allocation of gag for the 2023 fishing year in anticipation of an upcoming rulemaking that would amend the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) by implementing interim measures to reduce overfishing of gag. These interim measures would, in part, reduce the commercial sector annual catch limit (ACL) and quota. This temporary rule will withhold the distribution of gag individual fishing quota (IFQ) allocation on January 1, 2023, to shareholders in the Groupers and Tilefishes IFQ (GT-IFQ) program in the amount equal to the anticipated reduction in the commercial quota.