National Oceanic and Atmospheric Administration February 10, 2023 – Federal Register Recent Federal Regulation Documents

Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List Olympic Peninsula Steelhead as Threatened or Endangered Under the Endangered Species Act
Document Number: 2023-02849
Type: Proposed Rule
Date: 2023-02-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, announce a 90-day finding on a petition to list Olympic Peninsula (OP) steelhead (Oncorhynchus mykiss) as a threatened or endangered distinct population segment (DPS) under the Endangered Species Act (ESA) and to designate critical habitat concurrently with the listing. We find that the petition presents substantial scientific and commercial information indicating the listing may be warranted. We will conduct a status review of OP steelhead to determine whether listing is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information pertaining to this species from any interested party.
Western Pacific Fishery Management Council; Public Meetings
Document Number: 2023-02925
Type: Notice
Date: 2023-02-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Western Pacific Fishery Management Council (Council) will hold its Hawaii Archipelago Fishery Ecosystem Plan (FEP) Advisory Panel (AP), the Fishing Industry Advisory Committee (FIAC), and the American Samoa Fishery Archipelago FEP AP to discuss and make recommendations on fishery management issues in the Western Pacific Region.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Ferry Berth Improvements in Tongass Narrows in Ketchikan, Alaska
Document Number: 2023-02808
Type: Notice
Date: 2023-02-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS received a request from the Alaska Department of Transportation and Public Facilities (ADOT) for the renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to ferry berth improvements in Tongass Narrows in Ketchikan, Alaska. 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 (MMPA), 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 Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Amendment 34
Document Number: 2023-02777
Type: Proposed Rule
Date: 2023-02-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes regulations to implement Amendment 34 to the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and Atlantic Region (CMP FMP) (Amendment 34), as prepared and submitted by the South Atlantic Fishery Management Council (South Atlantic Council) and the Gulf of Mexico Fishery Management Council (Gulf Council). For Atlantic migratory group king mackerel (Atlantic king mackerel), this proposed rule would revise the stock and sector annual catch limits (ACL), and the recreational bag and possession limits off the east coast of Florida. For both Atlantic king mackerel and Atlantic migratory group Spanish mackerel (Atlantic Spanish mackerel), this proposed rule would revise the landing fish intact provisions for the recreational sector. In addition, for Atlantic king mackerel, Amendment 34 would revise the acceptable biological catch (ABC), annual optimum yield (OY), and sector allocations. The purpose of this proposed rule and Amendment 34 is to revise the catch limits based on a recent stock assessment and revise sector allocations for Atlantic king mackerel based on the best scientific information available and to revise management measures for Atlantic king and Spanish mackerel.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Sunrise Wind Offshore Wind Farm Project Offshore New York
Document Number: 2023-02497
Type: Proposed Rule
Date: 2023-02-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received a request from Sunrise Wind, LLC (Sunrise 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) pursuant to the Marine Mammal Protection Act (MMPA). 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 Sunrise Wind Offshore Wind Farm Project offshore of New York in a designated lease area on the Outer Continental Shelf (OCS-A-0487). Project activities likely to result in incidental take include pile driving (impact and vibratory), potential unexploded ordnance or munitions and explosives of concern (UXO/MEC) detonation, and vessel-based site assessment surveys using high-resolution geophysical (HRG) equipment. NMFS requests comments on this 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 rule, if issued. The proposed regulations, if adopted, would be effective November 20, 2023-November 19, 2028.
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