National Oceanic and Atmospheric Administration August 2023 – Federal Register Recent Federal Regulation Documents

NMFS announces closure of the Pacific halibut recreational fishery in the California Coast subarea of the International Pacific Halibut Commission's regulatory Area 2A. The California Coast subarea will close on August 4, 2023 at 11:59 p.m. This action is intended to conserve Pacific halibut.

On February 13, 2020, NOAA initiated a review of the Stellwagen Bank National Marine Sanctuary (SBNMS or the sanctuary) management plan to evaluate substantive progress toward implementing the goals of the sanctuary and to make revisions to the management plan as necessary to fulfill the purposes and policies of the NMSA. NOAA anticipated that management plan changes would require preparation of environmental analysis under the National Environmental Policy Act (NEPA), and initiated public scoping meetings to gather information and other comments from individuals, organizations, tribes, and government agencies on the scope, types, and significance of issues related to the SBNMS management plan and the proper scope of environmental analysis for the management plan review. NOAA is providing notice of availability of a final management plan and a final environmental assessment (EA) for SBNMS.

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

NMFS is prohibiting directed fishing for Pacific cod by vessels using jig gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2023 total allowable catch (TAC) of Pacific cod by vessels using jig gear in the Western Regulatory Area of the GOA.

The Mid-Atlantic Fishery Management Council's (Council) Ecosystem and Ocean Planning (EOP) Committee and Advisory Panel (AP) will hold a joint meeting. See SUPPLEMENTARY INFORMATION for agenda details.

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

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 California Department of Transportation (Caltrans) to incidentally harass marine mammals during construction activities associated with the Richmond-San Rafael Bridge Restoration project in Richmond, CA.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, its implementing regulations, and NMFS' MMPA Regulations for Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, notification is hereby given that a Letter of Authorization (LOA) has been issued to Anadarko Petroleum Corporation (Anadarko) for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico.

Notice is hereby given that Coonamessett Farm Foundation, Inc., 277 Hatchville Road, East Falmouth, MA 02536, (Responsible Party: Ronald Smolowitz), has requested a modification to scientific research Permit No. 23639-01.

NMFS announces six inseason actions for the 2023-2024 ocean salmon fishing season. These inseason actions modify the commercial and recreational salmon fisheries in the area from the U.S./Canada border to the U.S./Mexico border.

NMFS announces that the Pacific Fishery Management Council submitted Amendment 32 to the Pacific Coast Groundfish Fishery Management Plan to the Secretary of Commerce for review. If approved, Amendment 32 would: create a new type of Essential Fish Habitat Conservation Area that prohibits fishing with non-trawl bottom contact gear for all groundfish fisheries and the non-tribal directed commercial halibut fishery; remove the Cowcod Conservation Area seaward of California for commercial and recreational groundfish non-trawl fisheries; create and authorize the use of Groundfish Exclusion Areas as a new type of Groundfish Conservation Area; authorize the use of Block Area Closures for groundfish non-trawl fisheries, and make necessary administrative changes to relevant sections of the Pacific Coast Groundfish Fishery Management Plan. Altogether, these changes are anticipated to provide additional fishing opportunity to groundfish non-trawl fishery sectors while continuing to protect rebuilding yelloweye rockfish and mitigating fishing impacts to sensitive areas.

On May 5, 2023, NMFS published a proposed rule for Amendment 15 to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) on spatial fisheries management and electronic monitoring cost allocation. On May 8, 2023, NMFS published a notice of intent for scoping of Amendment 16 to the 2006 Consolidated HMS FMP on shark management. In both actions, NMFS announced several public hearings and webinars to provide the opportunity for public comment. This notice announces that NMFS is adding a public hearing for both Amendment 15 and Amendment 16 based on public interest.

The National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management, will hold an in-person public meeting to solicit input on the performance evaluation of the Puerto Rico Coastal Management Program. NOAA also invites the public to submit written comments.

NMFS closes the Harpoon category fishery for large medium and giant (i.e., measuring 73 inches (185 cm) curved fork length (CFL) or greater) Atlantic bluefin tuna (BFT) for the remainder of the 2023 fishing year. This closure applies to Atlantic Tunas Harpoon category permitted vessels.

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. A SEDAR 77 Review Workshop has been scheduled in person for August 28 through September 1, 2023. See SUPPLEMENTARY INFORMATION.

NMFS is closing the directed longfin squid fishery through the remainder of 2023 Trimester II (May 1-August 31, 2023). This closure is required by regulation because NMFS projects that 90 percent of the longfin squid Trimester II quota will be caught by the effective date. This action is necessary to comply with the regulations implementing the Mackerel, Squid, and Butterfish Fishery Management Plan and is intended to prevent overharvest of longfin squid.

Notice is hereby given that Tamara McGuire, Ph.D., 310 W 123rd Avenue, Anchorage, AK 99515, has applied in due form for a permit to conduct research on the endangered Cook Inlet distinct population segment (DPS) of beluga whales (Delphinapterus leucas).

NMFS announces a public meeting of the Permanent Advisory Committee (PAC) to advise the U.S. Commissioners to the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC) on October 2-3, 2023. Meeting topics are provided under the SUPPLEMENTARY INFORMATION section of this notice.

At the request of the North Pacific Fishery Management Council (Council), this document announces a control date of August 1, 2023, that may be used to determine future participation in the Bering Sea and Aleutian Islands (BSAI) Pacific cod fishery by license limitation program (LLP) license holders, vessel owners and vessel operators of catcher/processors (C/Ps), and vessel owners and vessel operators of catcher vessels (C/Vs) greater than or equal to 60 ft (18.3 meters (m)) length overall (LOA), who participate in Federal groundfish fisheries with pot gear in the BSAI. This document is necessary to inform interested parties that the Council is considering a future action that may affect or limit the number of participants in this fishery and that participants should locate and preserve all fishing related documents. This control date corresponds to the date of publication of this advance notice of proposed rulemaking (ANPR). This document provides notice to the public that any person participating in the applicable sector after the control date may not receive continued access to this fishery under a future management action. This document is intended to discourage speculative entry or fishing activity in this fishery while the Council considers whether and how access to the fishery may be further limited under a future management action.

The Pacific Fishery Management Council (Pacific Council, Council) will convene webinar meetings of its Coastal Pelagic Species Management Team (CPSMT), Groundfish Advisory Subpanel (GAP), and Groundfish Management Team (GMT) to discuss items on the Pacific Council's September Council meeting agenda as detailed in the SUPPLEMENTARY INFORMATION section below. These meetings are open to the public.