National Oceanic and Atmospheric Administration 2022 – Federal Register Recent Federal Regulation Documents
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New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Recreational Advisory Panel 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.
Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 76 assessment of the South Atlantic stock of Black Sea Bass will consist of a series of assessment webinars. See SUPPLEMENTARY INFORMATION.
Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 77 assessment of the Atlantic stock of hammerhead sharks will consist of a stock identification (ID) process, data webinars/workshop, a series of assessment webinars, and a review workshop. See SUPPLEMENTARY INFORMATION.
Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 74 assessment of Gulf of Mexico red snapper will consist of a Data Workshop, a series of assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Ocean Wind 1 Wind Energy Facility Offshore of New Jersey
NMFS has received a request for Incidental Take Regulation (ITR) and associated Letter of Authorization (LOA) from Ocean Wind, LLC (Ocean Wind), a subsidiary of Orsted Wind Power North America, LLC's (Orsted) and a joint venture partner of the Public Service Enterprise Group Renewable Generation, LLC (PSEG), for the incidental take of small numbers of marine mammals during the construction of an offshore wind energy facility (Ocean Wind 1) in a designated lease area on the Outer Continental Shelf (OCS-A-0498) offshore of New Jersey. The requested ITR would govern the authorization of take, by both Level A and Level B harassment, of small numbers of marine mammals over a 5- year period incidental to construction-related pile driving activities (impact and vibratory), potential unexploded ordnances or munitions and explosives of concern (UXOs/MECs) detonation, and high-resolution geophysical (HRG) site characterization surveys conducted by Ocean Wind in Federal and State waters off of New Jersey for the Ocean Wind 1 offshore wind energy facility. A final ITR would allow for the issuance of a LOA to Ocean Wind for a 5-year period. As required by the Marine Mammal Protection Act (MMPA), 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.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category October Through November Fishery for 2022
NMFS closes the General category fishery for large medium and giant (i.e., measuring 73 inches (185 cm) curved fork length or greater) Atlantic bluefin tuna (BFT) for the October through November subquota time period. 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. This action also waives the previously scheduled restricted-fishing days (RFDs) for the remainder of the October through November subquota time period. With the RFDs waived during the closure, 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 December 1, 2022, the fishery will reopen automatically.
U.S. Integrated Ocean Observing System (IOOS®) Advisory Committee Public Meeting
Notice is hereby given of a virtual meeting of the U.S. Integrated Ocean Observing System (IOOS[supreg]) Advisory Committee (Committee). The meeting is open to the public and an opportunity for oral and written comments will be provided.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
The Mid-Atlantic Fishery Management Council's (MAFMC's) Summer Flounder, Scup, and Black Sea Bass Monitoring Committee will hold a public meeting.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
The Mid-Atlantic Fishery Management Council's Protected Resources Committee will hold a public meeting via webinar.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Floating Dry Dock Project at Naval Base San Diego in San Diego, California
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 Floating Dry Dock Project at Naval Base San Diego in San Diego, California.
Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to the 2022 Specifications
NMFS increases the 2022 Atlantic herring annual catch limit and Area 1A sub-annual catch limit by 1,000 metric tons (mt) for the remainder of 2022. This action is required by the herring regulations when, based on data through October 1, NMFS determines that the New Brunswick weir fishery landed less than 3,012 mt of herring. This notification informs the public of these catch limit changes.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 620 in the Gulf of Alaska
NMFS is prohibiting directed fishing for pollock in Statistical Area 620 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2022 total allowable catch of pollock in Statistical Area 620 in the GOA.
Endangered and Threatened Species; Take of Anadromous Fish
We, NMFS's West Coast Region (WCR), announce receipt of an application for an enhancement of survival permit (Number 25838) under the Endangered Species Act (ESA) of 1973, and proposed entry into an associated Programmatic Safe Harbor Agreement (PSHA) between the NOAA Restoration Center (Applicant) and NMFS-WCR. The proposed enhancement of survival permit, which is issued by NMFS-WCR, and PSHA is intended to improve habitat conditions and promote the conservation and recovery of seven species of ESA-listed salmonids in Coastal California.
Fisheries Finance Program; Announcement of Availability of Federal Financial Assistance for Western Alaskan Community Development Groups; Revision
NOAA published a notice in the Federal Register on March 25, 2022, announcing the availability of Federal financial assistance for Western Alaskan Community Development Groups. The notice listed a program policy that has since been updated.
Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery Permits; Letters of Acknowledgment
NMFS announces its intent to issue exempted fishing permits (EFPs), scientific research permits (SRPs), display permits, letters of acknowledgment (LOAs), and shark research fishery permits for Atlantic highly migratory species (HMS) in 2023. EFPs and related permits would authorize collection of a limited number of HMS, including tunas, swordfish, billfishes, and sharks, from Federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific research, data collection, the investigation of bycatch, and public display, among other things. LOAs acknowledge that scientific research activity aboard a scientific research vessel is being conducted. Generally, EFPs and related permits would be valid from the date of issuance through December 31, 2023, unless otherwise specified in the permit, subject to the terms and conditions of individual permits.
Reopening of Comment Period on a Supplemental Draft Environmental Impact Statement Regarding the Makah Tribe's Request To Hunt Eastern North Pacific Gray Whales
NMFS announces the reopening of the public comment period for seven days on the Supplemental Draft Environmental Impact Statement on the Makah Tribe Request to Hunt Gray Whales. We announced a 45-day comment period to end on August 15, 2022, and on August 16, 2022, we announced an extension of the public comment period by 60 days to October 14, 2022. Comments previously submitted need not be resubmitted.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 23 to the Mackerel, Squid, and Butterfish Fishery Management Plan
NMFS announces that the Mid-Atlantic Fishery Management Council submitted Amendment 23 to the Mackerel, Squid, and Butterfish Fishery Management Plan to the Secretary of Commerce for review and approval. We are requesting comments from the public on this amendment in accordance with the Magnuson-Stevens Fishery Conservation and Management Act. This amendment would implement a revised Atlantic mackerel rebuilding plan and the 2023 Atlantic mackerel specifications, including a 20-fish per person recreational possession limit. The purpose of this action is to rebuild the mackerel stock with appropriate measures so that optimum yield can be achieved on an ongoing basis.
North Pacific Fishery Management Council; Public Meeting; Cancellation
The North Pacific Fishery Management Council (Council) Bering Sea Fishery Ecosystem Plan Local Knowledge, Traditional Knowledge, and Subsistence Taskforce (LKTKS) meeting was to be held November 1, 2022 through November 2, 2022, from 9 a.m. to 4 p.m., Alaska Time. See SUPPLEMENTARY INFORMATION.
Atlantic Highly Migratory Species; Atlantic Highly Migratory Species Southeast Data, Assessment, and Review Workshops Advisory Panel
NMFS solicits nominations for the Atlantic Highly Migratory Species (HMS) Southeast Data, Assessment, and Review (SEDAR) Workshops Advisory Panel, also known as the ``SEDAR Pool.'' The SEDAR Pool is comprised of a group of individuals who may be selected to consider data and advise NMFS regarding the scientific information including, but not limited to, data and models used in stock assessments for oceanic sharks in the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea. Nominations are being sought for 5-year appointments (2023-2028). Individuals with definable interests in the recreational and commercial fishing and related industries, environmental community, academia, and non-governmental organizations will be considered for membership on the SEDAR Pool.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
NMFS is reallocating the projected unused amount of Pacific cod from trawl catcher vessels to Amendment 80 trawl catcher/processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2022 total allowable catch (TAC) of Pacific cod to be harvested.
Modification of Deadlines Under the Fish and Fish Product Import Provisions of the Marine Mammal Protection Act
NMFS issues this final rule to revise the regulations implementing the import provisions of the Marine Mammal Protection Act (MMPA). This final rule extends, by one year, the exemption period to end December 31, 2023.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council's is convening its Scientific and Statistical Committee (SSC) 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.
Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meetings
The South Atlantic Fishery Management Council (Council) will host a presentation on a citizen-science approach to characterize shark depredation in recreational fisheries via webinar November 8, 2022. The presentation is part of an on-going seminar series hosted by the Council on scientific studies relevant to fisheries in federal waters off the South Atlantic U.S. coast.
Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council (Council) will hold a half-day meeting of its Coral Advisory Panel (AP) via webinar.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Advisory Panel 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.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Amendment 32
NMFS issues regulations to implement management measures described in Amendment 32 to the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and Atlantic Region (CMP FMP), as prepared and submitted by the Gulf of Mexico Fishery Management Council and the South Atlantic Fishery Management Council (Councils). This final rule and Amendment 32 revise the Gulf of Mexico (Gulf) migratory group of cobia (Gulf group cobia) catch limits, possession limit and minimum size limits, establish a Gulf group cobia commercial trip limit and recreational vessel limit, and revise the CMP FMP framework procedures. This final rule also clarifies the Gulf group cobia sale and purchase restrictions. The purpose of this final rule and Amendment 32 is to end overfishing of Gulf group cobia, update catch limits to be consistent with the best scientific information available, and revise management measures to help constrain landings to the catch limits.
Mid-Atlantic Fishery Management Council (MAFMC); Public Hearings
The Mid-Atlantic Fishery Management Council (Council) will hold three public hearings (one as a webinar) and accept written comments regarding an action intended to revise the species separation requirements in the Atlantic surfclam and ocean quahog fisheries.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Skate 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.
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit (EFP) application contains all of the required information and warrants further consideration. The EFP would allow commercial fishing vessels to fish outside fishery regulations in support of research conducted by the applicant. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl Gear in the Central Regulatory Area of the Gulf of Alaska
NMFS is opening directed fishing for Pacific cod by catcher vessels using trawl gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the 2022 total allowable catch of Pacific cod allocated to catcher vessels using trawl gear in the Central Regulatory Area of the GOA.
Public Meetings for Recommending a National Estuarine Research Reserve Site[s] in the Atchafalaya River Area of Louisiana
Notice is hereby given that two public meetings will be held for the purpose of providing information and receiving comments on the preliminary recommendation by the State of Louisiana that portions of the Atchafalaya River area be proposed to NOAA for designation as a National Estuarine Research Reserve.
Notice Requesting Nominations for the Advisory Committee on Commercial Remote Sensing
The Department of Commerce is seeking 3 to 5 representatives of key stakeholders in the commercial space-based remote sensing industry and among users of space-based remote sensing data to serve on the Advisory Committee on Commercial Remote Sensing (ACCRES). The Committee is comprised of representatives of leaders in the commercial space-based remote sensing industry, space-based remote sensing data users, government, and academia. The SUPPLEMENTARY INFORMATION section of this notice provides committee and membership criteria.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Highly Migratory Species Vessel Logbooks and Cost-Earnings Data Reports
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.
Programmatic Environmental Impact Statement for the NMFS Saltonstall-Kennedy Research and Development Program
NOAA announces the availability of its Final Programmatic Environmental Impact Statement (PEIS) which analyzes the potential environmental impacts of the implementation of projects that foster the promotion, marketing, research, and development of U.S. Fisheries and their associated fishing sectors, as consistent with NOAA's Saltonstall-Kennedy Research and Development Program (S-K Program). The focus of this action is on activities and projects under the S-K Program, which interfaces with numerous programs within NOAA, and it is NOAA's intention that this PEIS may also cover those activities and projects implemented by other NOAA programs and offices that are consistent with the scope of the S-K Program. In preparing the Final PEIS, NOAA has considered public comments received on the Draft PEIS, which was published in April 2022.
Solicitation for Members of the Ocean Exploration Advisory Board
NOAA is soliciting nominations for Indigenous, Tribal, Native American, Alaska Native, or Native Hawaiian stakeholders from the Alaska or Pacific Ocean basin regions to join the Ocean Exploration Advisory Board (OEAB). The purpose of the OEAB is to advise the NOAA Administrator on matters pertaining to ocean exploration including (1) priority areas for survey and discovery; (2) development of a five-year strategic plan for the fields of ocean, marine, and Great Lake science, (3) exploration and discovery; and, (4) the annual review of the NOAA Ocean Exploration Competitive Grants Program process.
Western Pacific Fishery Management Council; Public Meetings
The Western Pacific Fishery Management Council (Council) will hold meetings throughout the main Hawaiian Islands to solicit public input and comments on management alternatives for non-commercial fishing in the Northwestern Hawaiian Islands (NWHI) Monument Expansion area.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Parallel Thimble Shoal Tunnel Project in Virginia
NMFS received a request from Chesapeake Tunnel Joint Venture (CTJV) for the renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to the Parallel Thimble Shoal Tunnel Project (PTST) in Virginia Beach, Virginia. These activities are nearly identical to those covered in the current authorization, and include a subset of the initial work. 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.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Central Regulatory Area of the Gulf of Alaska
NMFS is prohibiting retention of the incidental catch allowance for Pacific ocean perch in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2022 total allowable catch of Pacific ocean perch apportioned to the incidental catch allowance in the Central Regulatory Area of the GOA has been reached.
Endangered and Threatened Species; Designation of Critical Habitat for the Nassau Grouper
We, NMFS, propose to designate critical habitat for the threatened Nassau grouper pursuant to section 4 of the Endangered Species Act (ESA). Specific occupied areas proposed for designation as critical habitat contain approximately 2,353.19 sq. kilometers (908.57 sq. miles) of aquatic habitat located in waters off the coasts of southeastern Florida, Puerto Rico, Navassa, and the United States Virgin Islands (USVI). We have considered positive and negative economic, national security, and other relevant impacts of the proposed critical habitat. We are soliciting comments from the public on all aspects of the proposal, including our identification and consideration of impacts of the proposed action.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Mayflower Wind Project Offshore of Massachusetts
NMFS has received a request from Mayflower Wind, LLC (Mayflower Wind) for authorization to take small numbers of marine mammals incidental to the Mayflower Wind Project in a designated lease area on the Bureau of Ocean Energy Management's (BOEM) Lease Area Outer Continental Shelf (OCS)-A-0521 offshore of Massachusetts, over the course of 5 years beginning on April 1, 2025. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of Mayflower Wind's request for the development and implementation of regulations governing the incidental taking of marine mammals and issuance of a 5-year Letter of Authorization (LOA). NMFS invites the public to provide information, suggestions, and comments on Mayflower Wind's application and request.
Flower Garden Banks National Marine Sanctuary Regulations
The National Oceanic and Atmospheric Administration (NOAA) is issuing this proposed rule to remove a provision from one section of the existing Flower Garden Banks National Marine Sanctuary (FGBNMS) regulations, regarding the resolution of conflicting Federal agency regulations by the Director of the Office of National Marine Sanctuaries.
Pacific Fishery Management Council; Public Meetings
The Pacific Fishery Management Council (Pacific Council) and its advisory entities will hold online and in-person public meetings.
Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeast Data, Assessment, and Review (SEDAR) Public Meeting
The SEDAR Procedural Workshop 8 for Fishery Independent Index Development will consist of a series of webinars, and an in-person workshop. See SUPPLEMENTARY INFORMATION.
South Atlantic Fishery Management Council; Public Meeting
The South Atlantic Fishery Management Council (Council) will hold a meeting of its Habitat Protection and Ecosystem-Based Management Advisory Panel (Habitat AP).
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Tugs Towing Drill Rig in Cook Inlet, Alaska
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued two incidental harassment authorizations (IHAs) to Hilcorp Alaska LLC to incidentally harass, by Level B harassment only, marine mammals during tugs towing jack-up rig activity in Cook Inlet, Alaska.
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 30; 2023-24 Biennial Specifications and Management Measures
This proposed rule would establish the 2023-24 harvest specifications for groundfish caught in the U.S. exclusive economic zone seaward of Washington, Oregon, and California, consistent with the Magnuson-Stevens Fishery Conservation and Management Act and the Pacific Coast Groundfish Fishery Management Plan. This proposed rule would also revise management measures intended to keep the total annual catch of each groundfish stock or stock complex within the annual catch limits. These proposed measures are intended to help prevent overfishing, rebuild overfished stocks, achieve optimum yield, and ensure management measures are based on the best scientific information available. This proposed rule would also make minor corrections to the regulations. Additionally, this proposed rule announces the receipt of exempted fishing permit applications. NMFS has made a preliminary determination that these applications warrant further consideration. NMFS requests public comment on these applications. This action also would implement portions of Amendment 30 to the Pacific Coast Groundfish Fishery Management Plan, which would specify a shortbelly rockfish catch threshold to initiate Council review; extend the length of the limited entry fixed gear sablefish primary season; change the use of Rockfish Conservation Area boundaries; expand the use of Block Area Closures to control catch of groundfish; and correct the definition of Block Area Closures. In accordance with the National Environmental Policy Act of 1969, as amended, NMFS also announces the availability of a draft environmental assessment that analyzes the potential effects of the associated proposed rule.
Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers, Individual Fishing Quota Dealers, and Charter Vessels and Headboats in Portions of Florida and South Carolina
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 and Atlantic, the snapper-grouper fishery in the South Atlantic, and the dolphin and wahoo fishery in the Atlantic, the Regional Administrator (RA), Southeast Region, NMFS, has determined that Hurricane Ian has caused catastrophic conditions in certain Florida and South Carolina counties. This temporary rule authorizes any dealer in the affected area 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 area described in this temporary rule who does not have access to electronic reporting to delay reporting of logbook and South Atlantic ``Did Not Fish'' 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.
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