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

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.

The MAFMC's Mackerel, Squid, and Butterfish Monitoring Committee will meet via webinar to develop recommendations for future Atlantic mackerel and butterfish specifications and/or management measures.

The New England Fishery Management Council (Council) is scheduling a hybrid meeting of its Scallop Committee (Committee) 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.

NMFS announces approval of a Marine Conservation Plan (MCP) for American Samoa.

On behalf of the Ocean Science and Technology Subcommittee of the Ocean Policy Committee co-chaired by the Office of Science and Technology Policy (OSTP) and the Council on Environmental Quality (CEQ), the National Ocean Mapping, Exploration, and Characterization (NOMEC) Council and the Interagency Working Group on Ocean Exploration and Characterization (IWG-OEC) request public input from all interested parties on the development of the "Strategic Priorities for Ocean Exploration and Characterization in the Pacific Islands within the United States Exclusive Economic Zone and Outer Continental Shelf" (Pacific Islands Priorities Report). The public input provided in response to this notice will inform the IWG-OEC and federal subject matter experts in identifying strategic priorities and data needs for ocean exploration and characterization in the U.S. Pacific Islands (State of Hawai'i and the U.S. Pacific Territories and Possessions) as they develop the Pacific Islands Priorities Report and ensure that this report is informed by and responsive to all sectors through sustained engagement and effective partnerships.

NMFS announces that the State of North Carolina is transferring a portion of its 2024 commercial summer flounder quota to the State of Rhode Island. This adjustment to the 2024 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) quota transfer provisions. This announcement informs the public of the revised 2024 commercial quotas for North Carolina and Rhode Island.

NMFS approves and implements final small-mesh multispecies specifications for the 2024 fishing year, and projected specifications for fishing years 2025 and 2026. This action is necessary to establish allowable harvest levels and other management measures consistent with the most recent scientific information. This rule informs the public of these final fishery specifications for the 2024 fishing year.

This proposed rule would establish the 2025-26 harvest specifications for groundfish caught in the U.S. exclusive economic zone (EEZ) seaward of Washington, Oregon, and California, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act or MSA) and the Pacific Coast Groundfish Fishery Management Plan (PCGFMP). 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 that management measures are based on the best scientific information available. This proposed rule would also make minor corrections (e.g. correcting grammar, removing outdated regulations, revisions for clarity) to the regulations. Additionally, this proposed rule announces the receipt of exempted fishing permit (EFP) applications. NMFS has made a preliminary determination that these applications warrant further consideration and is requesting public comment on these applications. This proposed rule also would implement amendment 33 to the PCGFMP, which would establish a rebuilding plan for California quillback rockfish and revise the allocation framework for shortspine thornyhead. In accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, NMFS also announces the availability of a draft Environmental Assessment (EA) that analyzes the potential effects of the associated proposed rule.

NMFS adjusts the 2024 Winter II commercial scup quota and per- trip Federal landing limit. This action is necessary to comply with regulations implementing Framework Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan that established the rollover of unused commercial scup quota from the Winter I to the Winter II period. This notification informs the public of the quota and trip limit changes.

This notice sets forth the schedule and proposed agenda for a meeting of the Ocean Exploration Advisory Board (OEAB). OEAB members will discuss and provide advice on the Federal ocean exploration program, with a particular emphasis on the topics identified in the section on Matters to Be Considered.

The North Pacific Fishery Management Council (Council) Partial Coverage Fishery Monitoring Advisory Committee (PCFMAC) will meet September 16, 2024.

NMFS has received a request from Rio Grande LNG, LLC, (Rio Grande) for the reissuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of three species of marine mammals incidental to activities associated with the construction of a Liquefied Natural Gas (LNG) terminal in the Brownsville Ship Channel (BSC), Cameron County, Texas. The project has been delayed and none of the work covered in the initial IHA has been conducted. The initial IHA was effective from July 1, 2020, through June 31, 2021. Rio Grande has requested reissuance with new effective dates of January 15, 2025, through January 14, 2026. The scope of the activities and anticipated effects remain the same, authorized take numbers are not changed, and the required mitigation, monitoring, and reporting remains the same as included in the initial IHA. NMFS is, therefore, issuing an identical IHA to cover the incidental take analyzed and authorized in the initial IHA.

The South Atlantic Fishery Management Council (Council) will hold meetings of the following: Southeast Data, Assessment, and Review (SEDAR) Committee, Habitat and Ecosystem Committee, and Snapper Grouper Committee. The meeting week will also include a formal public comment session and meetings of the Full Council.

The New England Fishery Management Council (Council) is scheduling a meeting of its Herring Advisory Panel 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.

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 Western Pacific Fishery Management Council (Council) will hold its 153rd Scientific and Statistical Committee (SSC), Fishery Rights of Indigenous People Standing Committee (SC), Executive and Budget SC, and its 200th Council meetings to take actions on fishery management issues in the Western Pacific Region.

The New England Fishery Management Council (Council) is scheduling a hybrid meeting of its Groundfish Committee 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.

NMFS closes the General category fishery for Atlantic bluefin tuna (BFT) for the remainder of the June through August time period. The General category may only retain, possess, or land large medium and giant (i.e., measuring 73 inches (185 centimeters (cm) curved fork length (CFL) or greater) BFT when open. This action applies to Atlantic Tunas General category (commercial) permitted vessels and Atlantic 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 June through August 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 September 1, 2024, the fishery will reopen automatically and previously-scheduled RFDs for September will resume.

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 CCG for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico (GOM).

The New England Fishery Management Council (Council) is scheduling a joint public meeting of its Monkfish Committee and 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.

On July 27, 2024, the National Oceanic and Atmospheric Administration (NOAA) issued an interim final rule establishing three special use areas within Federal waters of the Florida Keys National Marine Sanctuary (FKNMS) from July 27, 2024 through August 26, 2024. This notice extends the temporary special use areas an additional 60 days. The special use areas prohibit all entry except for restoration activities under a valid Office of National Marine Sanctuaries (ONMS) permit, continuous transit without interruption, and for law enforcement purposes, from August 26, 2024 to October 25, 2024. This temporary rule is necessary to prevent or minimize destruction of, loss of, or injury to sanctuary resources, specifically to facilitate restoration activities to improve or repair living habitats through protecting coral nursery stock at this site from potential impacts caused by anchor damage and/or fishing gear. This extension is necessary to protect the corals in the temporary special use areas until water temperatures cool and all of the corals are moved back to the original in-shore permitted nursery site. This temporary special use area will expire within 120 days from the date it was established.

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 Rhode Island Coastal Management Program as implemented through the Rhode Island Coastal Resources Management Council. NOAA also invites the public to submit written comments.

The Western Pacific Fishery Management Council (Council) will hold its American Samoa Archipelago Fishery Ecosystem Plan (FEP) Advisory Panel (AP), Mariana Archipelago FEP Commonwealth of the Northern Mariana Islands (CNMI) AP, Fishing Industry Advisory Committee (FIAC), Hawaii Archipelago FEP AP, and the Mariana Archipelago FEP Guam AP to discuss and make recommendations on fishery management issues in the Western Pacific Region.

NMFS received a request from Community Offshore Wind, LLC (COSW) for the renewal of their incidental harassment authorization (IHA) (hereinafter, the "initial IHA") to take marine mammals incidental to marine site characterization surveys in coastal waters off of New Jersey and New York in the New York Bight, specifically within the Bureau of Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS) Lease Area OCS-A 0539 (Lease Area) and associated Export Cable Route (ECR) survey area (ECR Area). Pursuant to the Marine Mammal Protection Act, prior to issuing the initial 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 that were not previously provided during the initial 30-day comment period.