National Oceanic and Atmospheric Administration July 2024 – Federal Register Recent Federal Regulation Documents

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 Orsted Wind Power North America, LLC (Orsted) to incidentally harass marine mammals during marine site characterization surveys conducted off the coast of Delaware in the Bureau of Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS) Lease Areas OCS-A 0482 and 0519 (Lease Areas), and the associated export cable route (ECR) area.

NMFS will hold a 2-day Atlantic Highly Migratory Species (HMS) Advisory Panel (AP) meeting in September 2024. The intent of the meeting is to consider options for the conservation and management of Atlantic HMS. The meeting is open to the public.

NMFS announces three inseason actions for the 2024-2025 ocean salmon fishing season. These inseason actions modify the commercial salmon troll fisheries in the area from the U.S./Canada border to the Oregon/California border.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued a renewal incidental harassment authorization (IHA) to Vineyard Northeast, LLC (Vineyard Northeast) to incidentally harass marine mammals incidental to marine site characterization surveys offshore from Massachusetts to New Jersey in the Bureau of Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf Lease Areas OCS-A 0522 and OCS-A 0544 (Lease Areas) and associated offshore export cable corridor (OECC) routes.

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 Washington State Department of Transportation (WSDOT) for authorization to take marine mammals incidental to Seattle Slip 3 Vehicle Transfer Span (VTS) Replacement Project in Seattle, Washington. 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.

NMFS announces that the States of New Jersey and Maryland and the Commonwealth of Virginia are transferring a portion of their 2024 commercial bluefish quota to the Commonwealth of Massachusetts and the States of Rhode Island, New York, and North Carolina. These adjustments to the 2024 fishing year quotas are necessary to comply with the Atlantic Bluefish Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised 2024 commercial bluefish quotas for New Jersey, Maryland, Virginia, Massachusetts, Rhode Island, New York, and North Carolina.

The Gulf of Mexico Fishery Management Council (Council) will hold a four-day meeting to consider actions affecting the Gulf of Mexico fisheries in the exclusive economic zone (EEZ).

The SEDAR 84 assessment process of U.S. Caribbean yellowtail snapper and stoplight parrotfish will consist of a Data Workshop, and a series of assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

The South Atlantic Fishery Management Council (Council) will hold a meeting of the Scientific Statistical Committee (SSC). See SUPPLEMENTARY INFORMATION.

NMFS issues this final rule to implement amendment 126 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI) and amendment 114 to the FMP for Groundfish of the Gulf of Alaska (GOA). Amendments 126/114 implement an electronic monitoring (EM) program for pelagic trawl pollock catcher vessels and tender vessels delivering to shoreside processors and stationary floating processors in the Bering Sea (BS), Aleutian Islands (AI), and GOA. This final rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), amendments 126/114, the BSAI FMP, the GOA FMP, and other applicable laws.

NMFS implements an accountability measure (AM) for the commercial harvest of Spanish mackerel in the northern zone of the Atlantic exclusive economic zone (EEZ). NMFS projects that the commercial quota for Spanish mackerel in the northern zone of the Atlantic EEZ has been reached for the 2024-2025 fishing year. According to regulations for Spanish mackerel in the Atlantic, NMFS closes the northern zone for commercial harvest to protect this fishery resource.

In accordance with the Marine Mammal Protection Act (MMPA) as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to Avangrid Renewables, LLC (Avangrid), the parent company of the original applicant, Park City Wind, LLC (Park City Wind), LLC, for the taking of marine mammals incidental to the construction of the New England Wind Project (hereafter known as the "Project").

We, NMFS, have completed a comprehensive status review of seven species of giant clams (Hippopus hippopus, H. porcellanus, Tridacna derasa, T. gigas, T. mbalavuana, T. squamosa, and T. squamosina) in response to a petition to list these species as threatened or endangered under the Endangered Species Act (ESA). Based on the best scientific and commercial data available, including the Status Review Report, and after taking into account efforts being made to protect these species, we have determined that H. porcellanus, T. mbalavuana, and T. squamosina are in danger of extinction throughout the entirety of their respective ranges, T. derasa and T. gigas are in danger of extinction in a significant portion of their respective ranges, and H. hippopus is likely to become an endangered species within the foreseeable future throughout a significant portion of its range. Therefore, we propose to list H. porcellanus, T. mbalavuana, T. squamosina, T. derasa, and T. gigas as endangered species and H. hippopus as a threatened species under the ESA. We have determined that the fluted clam, T. squamosa, is not currently in danger of extinction throughout all or a significant portion of its range and is not likely to become so within the foreseeable future. Therefore, we find that T. squamosa does not meet the definition of a threatened or an endangered species under section 4(a) of the ESA. Further, we propose to exercise the discretionary authority of section 4(d) to extend the prohibitions of section 9 of the ESA to the proposed threatened species, H. hippopus. At this time, we do not propose to designate critical habitat for the three species proposed to be listed that occur within U.S. jurisdiction (H. hippopus, T. derasa, and T. gigas) because critical habitat for these species is not yet determinable. Using the authority of section 4(e) of the ESA, we also propose to list T. crocea, T. maxima, T. noae, and T. squamosa as threatened species due to the similarity of appearance of products derived from these species (e.g., meat, worked shell products, and pearls) to those derived from the six aforementioned species proposed to be listed based on their extinction risk. We propose a special rule to define activities that would and would not be prohibited with respect to these four species in order to mitigate the substantial enforcement challenge associated with this similarity of appearance concern. We solicit information to inform the final listing determination and to inform a future proposal for any determinable critical habitat.

NMFS has received a request from Hilcorp Alaska, LLC (Hilcorp) for authorization to take marine mammals incidental to production drilling support activities in Cook Inlet, 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.

This notice sets forth the proposed schedule and agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined under the SUPPLEMENTARY INFORMATION section below.

The review of the SEDAR 93 assessment of Atlantic red drum will be conducted via an in-person review workshop. See SUPPLEMENTARY INFORMATION.

This rule implements changes to fishing year 2024 recreational management measures for Gulf of Maine (GOM) cod and GOM haddock. The measures are necessary to ensure the recreational fishery achieves, but does not exceed, fishing year 2024 catch limits for GOM cod and GOM haddock. Recreational measures for Georges Bank (GB) cod will remain unchanged in fishing year 2024.

The Caribbean Fishery Management Council (CFMC) will hold the 185th public hybrid meeting to address the items contained in the tentative agenda included in the SUPPLEMENTARY INFORMATION.

Notice is hereby given that the NMFS Southeast Fisheries Science Center, 75 Virginia Beach Drive, Miami, FL 33149 (Responsible Party: Mridula Srinivasan, Ph.D.), has applied in due form for a permit to conduct research on cetaceans, and import, export, and receive cetacean parts for scientific research.

Notice is hereby given that NOAA is establishing a national marine sanctuary advisory council for the Lake Ontario National Marine Sanctuary (LONMS). The new advisory council (council) will replace the pre-designation advisory council which was established September 17, 2019 and which expired upon the designation of LONMS. The council will provide advice and recommendations to ONMS regarding the sanctuary management plan and will serve as liaisons between the sanctuary and constituents and community groups. As a result, ONMS is adding the council to the list of established national marine sanctuary advisory councils. ONMS solicits applications to fill council seats on an as needed basis and is currently seeking applicants for seats on the LONMS Advisory Council. This notice contains web page links and contact information for LONMS and application materials to apply for the council.

NMFS approves and implements the 2024-2026 specifications for the Mackerel, Squid, and Butterfish Fishery Management Plan, as recommended by the Mid-Atlantic Fishery Management Council. This final rule sets the 2024 Illex and longfin squid specifications, and projects the 2025 Illex and 2025-2026 longfin squid specifications. This rule also reaffirms the 2024 butterfish and Atlantic chub mackerel specifications and the previously published projected 2025 chub mackerel specifications. These specifications establish allowable harvest levels that will prevent overfishing, consistent with the most recent scientific information.

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

The New England Fishery Management Council (Council) is scheduling a public webinar of its Risk Policy Working Group 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.