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

NMFS published a notice in the Federal Register on June 7, 2023 soliciting nominations for appointments to the Joint Management Committee (JMC) established in the Agreement between the Government of the United States of America and the Government of Canada on Pacific Hake/Whiting (Pacific Whiting Treaty). The nomination period ended on July 7, 2023. This notice reopens the nomination period for one position on the JMC for 15 days.

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 Invenergy Wind Offshore, LLC (IWO) to incidentally harass marine mammals during marine site characterization surveys in waters off of New Jersey and New York in the New York Bight.

The Mid-Atlantic Fishery Management Council (Council) will hold public meetings of the Council, including joint meetings with the Atlantic States Marine Fisheries Commission (ASMFC) Summer Flounder, Scup, and Black Sea Bass Management Board, the ASMFC Interstate Fishery Management Program Policy Board, and the ASMFC Bluefish Management Board.

NMFS announces inseason actions for certain subareas in the Pacific halibut recreational fishery in the International Pacific Halibut Commission's regulatory Area 2A off Washington, Oregon, and California. Specifically, this action adds the following fishing dates: the Washington Puget Sound subarea to open 7 days per week from August 17 through September 30; the Washington North Coast subarea to open 7 days per week from August 17 through September 30; the Columbia River and Washington South Coast subareas to open August 26 and 27, September 8, 9, and 22; and Oregon Central Coast subarea to open 7 days per week from August 3 through October 31. This action is intended to conserve Pacific halibut and provide angler opportunity where available.

NMFS is prohibiting retention of Pacific cod by catcher/ processors using trawl gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2023 total allowable catch of Pacific cod allocated to catcher/processors using trawl gear in the Central Regulatory Area of the GOA has been reached.

The South Atlantic Fishery Management Council (Council) will host a presentation on the status of on-demand gear for the U.S. South Atlantic Black Sea Bass pot fishery via webinar August 8, 2023.

In May 2023, NMFS finalized its first-ever national Equity and Environmental Justice Strategy. The national strategy describes the path the agency will take to incorporate equity and environmental justice into the vital services we provide to all communities. Through this Request for Information, we are seeking stakeholder input to inform the operationalization of the national strategy in the Southeast Region. The public input we receive in response to the questions listed in the SUPPLEMENTARY INFORMATION section of this document will inform the development of a Southeast Equity and Environmental Justice Implementation Plan that is specific and responsive to the needs of underserved communities in the U.S. Caribbean, South Atlantic, and Gulf of Mexico.

NMFS will convene the Research Track Assessment Peer Review Meeting for the purpose of reviewing the Atlantic cod stocks western Gulf of Maine, eastern Gulf of Maine, southern New England, Georges Bank. The Research Track Assessment Peer Review is a formal scientific peer-review process for evaluating and presenting stock assessment results to managers for fish stocks in the offshore U.S. waters of the northwest Atlantic. Assessments are prepared by the research track working group and reviewed by an independent panel of independent stock assessment experts. The public is invited to attend the presentations and discussions between the review panel and the scientists who have participated in the stock assessment process.

The U.S. Department of Commerce (Department), via the National Oceanic and Atmospheric Administration (NOAA), requests additional input from interested parties on how to enhance NOAA's delivery of climate data, information, science, and tools (``climate services'') and ensure that this delivery is equitable and accounting for the needs and priorities of a diverse set of user communities as they engage in climate preparedness, adaptation, and resilience planning. Building on the work that NOAA is already doing to prepare communities for increasing climate impacts, the input from this Request for Information (RFI) will be used to create an Action Plan that will inform more equitable and inclusive design, production, and delivery of climate services for users of all disciplines and backgrounds.

The National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management, will hold a virtual public meeting to solicit input on the performance evaluation of the Oregon Coastal Management Program. NOAA also invites the public to submit written comments.

We, the National Marine Fisheries Service (NMFS), propose to designate specific areas in the marine environment as critical habitat for six distinct population segments (DPSs) of the green sea turtle (Chelonia mydas) under the Endangered Species Act (ESA) of 1973, as amended. The DPSs that occur in waters under U.S. jurisdiction include the threatened North Atlantic, South Atlantic, East Pacific, and Central North Pacific DPSs and the endangered Central South Pacific and Central West Pacific DPSs. Proposed critical habitat includes nearshore areas from the mean high water line to 20 m depth located along the coasts of Florida, North Carolina, Texas, Puerto Rico, U.S. Virgin Islands, California (which also includes nearshore areas from the mean high water line to 10 km offshore), Hawai`i, American Samoa, Guam, and the Commonwealth of Northern Mariana Islands. It also includes Sargassum habitat, from 10 m depth to the outer boundary of the U.S. Exclusive Economic Zone, in the Gulf of Mexico and Atlantic Ocean. Based on consideration of economic impacts, we propose to exclude multiple areas from designation. We are soliciting comments on all aspects of the proposed critical habitat designations and will consider information received prior to making final designations. We are also announcing public informational meetings and public hearings.

NMFS is opening directed fishing for Pacific ocean perch in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2023 total allowable catch of Pacific ocean perch (POP) specified for the Bering Sea subarea of the BSAI.

NMFS received a request from the City of Seattle, Washington (City) for the renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to the Pier 58 Reconstruction Project. These activities are a subset of the initial work or are nearly identical to work covered in the current authorization. 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 is adjusting the Harpoon category bluefin tuna (BFT) daily retention limit from the default of no more than 10 large medium and giant BFT (i.e., measuring 73 inches (185 cm) or greater curved fork length (CFL)), combined, to 5 large medium and giant BFT, combined, per vessel per day/trip. This action maintains the incidental daily catch limit of two large medium BFT (measuring 73 inches to less than 81 inches (206 cm)) per vessel per day/trip. This action applies to Atlantic Tunas Harpoon category permitted vessels and will be effective for the remainder of the 2023 Harpoon category fishing season, which ends November 15, 2023.

The SEDAR 82 assessment of the South Atlantic stock of gray triggerfish will consist of a data workshop, a series of assessment webinars, and a review workshop. A SEDAR 82 Assessment Webinar 5 is scheduled for August 7, 2023. See SUPPLEMENTARY INFORMATION.

NMFS has received a request from the Alaska Department of Transportation and Public Facilities (DOT&PF) for authorization to take marine mammals incidental to the Hydaburg Seaplane Base Refurbishment Project in Hydaburg, Alaska. 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.

NOAA's Uncrewed Systems Research Transition Office (UxSRTO) in OAR announces the issuance and availability of a finding of no significant impact (FONSI) and a Final Environmental Assessment (EA) for the Funding, Procurement, and Operation of NOAA Small Uncrewed Aircraft Systems (UAS). The environmental review process led us to conclude that the proposed action will not have a significant effect on the human environment. Therefore, an environmental impact statement will not be prepared.

The North Pacific Fishery Management Council (Council) is requesting information from the public on research priorities for the fisheries of the Exclusive Economic Zone off Alaska for its triennial review. The Council develops research priorities for fisheries, habitats, and other areas necessary for management purposes and reviews those priorities every 3 years. This notice invites the public to submit written comments on the topic generally and in response to specific questions outlined below.

NMFS is prohibiting directed fishing for dusky rockfish in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2023 total allowable catch of dusky rockfish in the West Yakutat District of the GOA.

NMFS proposes regulations to implement Amendment 53 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). For gag, this proposed rule would revise the sector annual catch limits (ACLs), commercial trip limits, recreational bag, vessel, and possession limits, and recreational accountability measures (AMs). For black grouper, this proposed rule would revise the recreational bag, vessel, and possession limits. In addition, Amendment 53 would establish a rebuilding plan, and revise the overfishing levels, acceptable biological catch (ABC), annual optimum yield (OY), and sector allocations for gag. The purpose of this proposed rule and Amendment 53 is to end overfishing of gag, rebuild the stock, and achieve OY while minimizing, to the extent practicable, adverse social and economic effects.

NMFS is prohibiting retention of blackspotted and rougheye rockfish in the Central Aleutian and Western Aleutian districts (CAI/ WAI) of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2023 blackspotted and rougheye rockfish initial total allowable catch (ITAC) in the CAI/WAI of the BSAI has been reached.

NMFS proposes regulations to implement Amendment 49 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). For greater amberjack, this proposed rule would revise the sector annual catch limits (ACLs), the commercial minimum size limit, the commercial seasonal trip limits, and the April spawning season closure. In addition, Amendment 49 would revise the overfishing limit (OFL), acceptable biological catch (ABC), annual optimum yield (OY), and sector allocations of the total ACL, as well as remove the recreational annual catch targets (ACTs) for species in the FMP. The purpose of this proposed rule and Amendment 49 is to ensure catch limits are based on the best scientific information available and to ensure overfishing does not occur for the South Atlantic greater amberjack stock, while increasing social and economic benefits.

The MAFMC will hold a public meeting (webinar) of its Mackerel, Squid, and Butterfish (MSB) Monitoring Committee. See SUPPLEMENTARY INFORMATION for agenda details.

NMFS announces that the State of North Carolina is transferring a portion of its 2023 commercial summer flounder quota to the State of Rhode Island. This adjustment to the 2023 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised 2023 commercial quotas for North Carolina and Rhode Island.

The Mid-Atlantic Fishery Management Council's (MAFMC) Bluefish Advisory Panel (AP) will hold a public meeting, jointly with the Atlantic States Marine Fisheries Commission (ASMFC) Bluefish Advisory Panel.