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

We, NMFS, will hold a public hearing related to our proposed rule published September 8, 2022, to list the queen conch (Aliger gigas) as a threatened species under the Endangered Species Act (ESA). We are also reopening the public comment period, which will now close on December 15, 2022.

The North Pacific Fishery Management Council (Council) submitted Amendment 123 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) to the Secretary of Commerce (Secretary) for review. If approved, Amendment 123 would amend regulations governing Pacific halibut (Hippoglossus stenolepis) (halibut) prohibited species catch (PSC), or bycatch, limits in the Bering Sea and Aleutian Islands (BSAI) to link the halibut PSC limit for the Amendment 80 commercial groundfish trawl fleet in the BSAI groundfish fisheries to halibut abundance. This action is necessary to comply with the requirements of the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). In particular, National Standard 9 and National Standard 1 require fishery management plans to minimize halibut PSC to the extent practicable while achieving optimum yield in the BSAI groundfish fisheries on a continuing basis. Further, National Standard 4 requires fishery management plans to ensure that when it becomes necessary to allocate or assign fishing privileges among various U.S. fishermen, such allocation shall be fair and equitable, reasonably calculated to promote conservation, and carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges. National Standard 8 requires that conservation and management measures take into account the importance of fishery resources to fishing communities by utilizing economic and social data that are based upon the best scientific information available in order to provide for the sustained participation of such communities and, to the extent practicable, minimize adverse economic impacts on such communities. Amendment 123 is intended to promote the goals and objectives of the Magnuson-Stevens Act, the BSAI FMP, and other applicable laws.

The Mid-Atlantic Fishery Management Council's (MAFMC's) Summer Flounder, Scup, and Black Sea Bass Advisory Panel will hold a public meeting jointly with the Atlantic States Marine Fisheries Commission's Summer Flounder, Scup, and Black Sea Bass Advisory Panel.

The North Pacific Fishery Management Council (Council) Bering Sea and Aleutian Islands (BSAI) Crab Plan Team (CPT) will meet virtually on November 29, 2022.

Notice is hereby given that Underdogs Films, Ltd., 4th Floor Embassy House, Queen's Avenue, Bristol, BS8 1SB, United Kingdom (Tom Stephens, Principal Investigator), has applied in due form for a permit to conduct commercial or educational photography on Northern elephant seals (Mirounga angustirostris).

The New England Fishery Management Council (Council) is scheduling a public joint meeting of its Habitat Advisory Panel and 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. See SUPPLEMENTARY INFORMATION.

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.

In accordance with the regulations implementing the individual fishing quota (IFQ), Federal dealer reporting, and Federal charter vessel and headboat (for-hire vessel) reporting programs specific to the reef fish fishery in the Gulf of Mexico (Gulf) and the coastal migratory pelagic (CMP) fisheries in the Gulf, the Regional Administrator (RA), Southeast Region, NMFS, has determined that Hurricane Ian has caused catastrophic conditions that still exist in the Florida counties of Charlotte, Collier, and Lee. This temporary rule authorizes any dealer in the affected areas described in this temporary rule who does not have access to electronic reporting to delay reporting of trip tickets to NMFS and authorizes IFQ participants within the affected area to use paper-based forms, if necessary, for basic required administrative functions, e.g., landing transactions. This rule also authorizes any Federal for-hire owner or operator in the affected areas described in this temporary rule who does not have access to electronic reporting to delay reporting of logbook records to NMFS. This temporary rule is intended to facilitate continuation of IFQ, dealer, and Federal for-hire reporting operations during the period of catastrophic conditions.

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.

NMFS has received a request from TerraSond Limited (TerraSond) for authorization to take marine mammals incidental to marine site characterization surveys in the New York Bight (off of New York and New Jersey) and in the Central Atlantic (from Delaware to North Carolina). 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-time, 1 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 authorization and agency responses will be summarized in the final notice of our decision.

This final rule implements specifications for the 2022 and 2023 blueline tilefish fishery north of the North Carolina/Virginia border and projected specifications for 2024. This action is necessary to establish allowable harvest levels and other management measures to prevent overfishing while allowing optimum yield, consistent with the Magnuson-Stevens Fishery Conservation and Management Act and the Tilefish Fishery Management Plan. It is also intended to inform the public of the final specifications for the 2022 fishing year (January 1, 2022 through December 31, 2022) and the 2023 fishing year (January 1, 2023 through December 31, 2023), and projected specifications for 2024.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish 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.

The South Atlantic Fishery Management Council (Council) will hold a meeting via webinar of its Snapper Grouper Recreational Permitting and Reporting Technical Advisory Panel (AP) to discuss reporting and permitting alternatives for the private recreational snapper grouper fishery.

The National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management, will hold a public comment period to solicit input on the performance evaluation of the Guana Tolomato Matanzas (GTM) National Estuarine Research Reserve.

The North Pacific Fishery Management Council (Council) submitted Amendment 124 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and Amendment 112 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP) to the Secretary of Commerce for review. If approved, Amendment 124 to the BSAI FMP and Amendment 112 to the GOA FMP would authorize the use of jig gear in the sablefish individual fishing quota (IFQ) and community development quota (CDQ) programs. Amendment 124 would also remove the residency requirements for Community Quota Entity (CQE). These amendments are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMPs, and other applicable laws.

Notice is hereby given that Kathleen Hunt, Ph.D., George Mason University, Department of Biology, 8936 Center St., Manassas, VA 20110, has applied in due form for a permit to import and export marine mammal parts for scientific research.

NMFS issues a proposed rule to implement Amendment 52 to the Fishery Management Plan for the Commercial King and Tanner Crab Fisheries of the Bering Sea and Aleutian Islands (Crab FMP) and a regulatory amendment to revise regulations on Economic Data Reports (EDR) requirements for groundfish and crab fisheries off Alaska. If approved, this proposed rule would remove third party data verification audits and blind formatting requirements from the Bering Sea and Aleutian Islands (BSAI) crab fisheries EDR, the Bering Sea American Fisheries Act (AFA) pollock fishery, Chinook Salmon EDR, and the BSAI Amendment 80 fisheries EDR. This action would also eliminate the EDR requirements for the Gulf of Alaska (GOA) trawl fisheries. This proposed rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), the Crab FMP, the Fishery Management Plans for Groundfish of the Gulf of Alaska Management Area (GOA FMP), the Groundfish of the BSAI Management Area (BSAI FMP), and other applicable laws.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a renewal IHA to the U.S. Navy (Navy) to incidentally harass marine mammals incidental to the Naval Base San Diego Pier 6 Replacement Project in San Diego, California.

The New England Fishery Management Council (Council) is scheduling a public joint meeting of its Habitat Advisory Panel and 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.

Notice is hereby given that Florian Graner, Ph.D., 4021 Beach Drive, Freeland, WA 98249, has applied in due form for a permit to conduct commercial or educational photography on humpback whales (Megaptera novaeangliae) and Hawaiian spinner dolphins (Stenella longirostris).

The North Pacific Fishery Management Council (Council) Groundfish Plan Teams will meet November 14, 2022, through November 18, 2022.

NMFS announces the receipt of a petition for emergency rulemaking under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) from the Alaska Bering Sea Crabbers (ABSC). This petition requests NMFS take action to close the Red King Crab Savings Area (RKCSA) and Red King Crab Savings Subarea (RKCSS) to all fishing gear to protect Bristol Bay red king crab (BBRKC) and their habitat at a time of historically low crab abundance for a period of 6 months from January 1, 2023 to June 30, 2023.

The National Marine Fisheries Service (NMFS) is extending the public comment period on the Notice of Receipt (NOR) of Atlantic Shores' application under the Marine Mammal Protection Act (MMPA) requesting authorization to take marine mammals, by Level A harassment and Level B harassment, incidental to the Atlantic Shores Offshore Wind Energy Project, offshore of New Jersey. The comment period for the Notice of Receipt of Atlantic Shores' application that published on September 29, 2022 closes on October 31, 2022. At the request of a commenter, NMFS is extending the public comment period to provide the public with additional time to submit information and to comment on Atlantic Shores' application.

Notice is hereby given that Florian Graner, Ph.D., Sea-Life Productions, 4021 Beach Drive, Freeland, Washington 98249, has applied in due form for a permit to conduct commercial and educational photography of transient killer whales (Orcinus orca) and other marine mammals.