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

On July 21, 2023, The U.S. Department of Commerce (Department), via the National Oceanic and Atmospheric Administration (NOAA), announced a Request for Information (RFI) 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 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. Written comments were due by September 21, 2023. Under the unique circumstances of the timing of the publication of the Federal Register notice, NOAA has decided to extend the public comment period by 30 days, to October 21, 2023.

NOAA announces the availability of a Record of Decision for the Final Programmatic Environmental Impact Statement (PEIS) which analyzes the potential environmental impacts of the implementation of projects that foster the promotion, marketing, research, and development of U.S. Fisheries and their associated fishing sectors, as consistent with NOAA's Saltonstall-Kennedy Research and Development Program (S-K Program).

NMFS announces that the State of North Carolina is transferring a portion of its 2023 commercial summer flounder quota to the Commonwealth of Massachusetts. 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 Massachusetts.

The Mid-Atlantic Fishery Management Council (Council) will hold public meetings of the Council and its Executive Committee.

The SEDAR Steering Committee will meet to discuss the SEDAR stock assessment process and assessment schedule. See SUPPLEMENTARY INFORMATION.

The Gulf of Mexico Fishery Management Council (Council) will hold a half-day webinar meeting of its Standing, Reef Fish, Socioeconomic, and Ecosystem Scientific and Statistical Committees (SSC). See SUPPLEMENTARY INFORMATION for agenda.

Notice is hereby given that permits and permit modifications have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable.

The North Pacific Fishery Management Council's (Council) Ecosystem Committee will hold a public meeting. See SUPPLEMENTARY INFORMATION for the agenda.

The New England Fishery Management Council is convening a joint ad-hoc sub-panel of its Scientific and Statistical Committee (SSC) with members of the Mid-Atlantic Fishery Council's SSC to provide the Council with input on methods to designate Essential Fish Habitat and 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 promulgates regulations to govern the incidental taking of marine mammals incidental to Ocean Wind, LLC (Ocean Wind), a subsidiary wholly owned by Orsted Wind Power North America, LLC (Orsted), construction of the Ocean Wind 1 Offshore Wind Energy Project (hereafter known as the ``Project'') in Federal and State waters off of New Jersey, 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 0498 (Lease Area) and along two export cable routes to sea-to-shore transition points (collectively referred to as the ``Project Area''), over the course of 5 years (October 13, 2023 through October 12, 2028). These regulations, which allow for the issuance of a Letter of Authorization (LOA) for the incidental take of marine mammals during construction-related activities within the Project Area during the effective dates of the regulations, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.

We, NMFS, have rescheduled a public hearing related to the proposed rule to designate critical habitat for the Rice's whale under the Endangered Species Act (ESA). We are also extending the public comment period for this proposed rule to October 6, 2023.

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 the California Department of Fish and Wildlife (CDFW) to incidentally harass marine mammals incidental to the Elkhorn Slough Tidal Marsh Restoration Project, Phase III, in Monterey County, California.

The Gulf of Mexico Fishery Management Council (Council) will hold a two-day in-person meeting of its Standing, Reef Fish, Socioeconomic, and Ecosystem Scientific and Statistical Committees (SSC).

NMFS received a request from Orsted Wind Power North America LLC (Orsted) for the renewal of their 2022 incidental harassment authorization (IHA) (hereinafter, the 2022 IHA is referred to as the ``initial IHA'' and the requested IHA is referred to as the ``Renewal IHA'') to take marine mammals incidental to marine site characterization surveys, using high-resolution geophysical (HRG) equipment, in coastal waters from New York to Massachusetts, including 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 0486, 0487, 0500 and along potential export cable routes (ECR). The activities are identical to those covered under the initial IHA, which expires on October 5, 2023. Pursuant to the Marine Mammal Protection Act (MMPA), 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 not previously provided during the initial 30-day comment period. If issued, the renewal IHA would be effective from the date of issuance.

In accordance with the regulations implementing the individual fishing quota (IFQ) and Federal dealer reporting specific to the commercial reef fish fishery in the Gulf of Mexico (Gulf) and the coastal migratory pelagic (CMP) fisheries in the Gulf, the Regional Administrator (RA), Southeast Region, NMFS has determined that Hurricane Idalia has caused catastrophic conditions in the Gulf for certain Florida counties. This temporary rule authorizes any dealer in the affected area described in this temporary rule who does not have access to electronic reporting to delay reporting of trip tickets to NMFS and authorizes IFQ dealers within the affected area to use paper- based forms, if necessary, for basic required administrative functions, e.g., landing transactions. This temporary rule is intended to facilitate continuation of IFQ and dealer reporting operations during the period of catastrophic conditions.

Notice is hereby given that NMFS has received one Incidental Take Permit (ITP) application for the City of Santa Cruz's Anadromous Salmonid Habitat Conservation Plan (ASHCP). The ASHCP has been submitted pursuant to section 10(a)(1)(B) of the Endangered Species Act (ESA) of 1973, as amended. NMFS has also prepared a draft environmental assessment (EA) under the National Environmental Policy Act (NEPA) describing the potential effects of NMFS' proposed issuance of the Permit associated with the submitted ASHCP. NMFS is furnishing this notice in order to allow other agencies, tribes, and the public an opportunity to review and comment on these documents.

NMFS announces the re-opening of the commercial sector for blueline tilefish in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent data for commercial landings of blueline tilefish indicate the commercial annual catch limit (ACL) for the 2023 fishing year has not yet been reached. Therefore, NMFS re-opens the commercial sector to harvest blueline tilefish in the South Atlantic EEZ for 6 days. The purpose of this temporary rule is to allow for the commercial ACL of blueline tilefish to be harvested while minimizing the risk of exceeding the commercial ACL.

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 U.S. Army Corps of Engineers (USACE) to incidentally harass, by Level B harassment only, marine mammals during construction activities associated with the Port of Nome Modification Project in Nome, Alaska.

The New England Fishery Management Council (Council, NEFMC) will hold a four-day hybrid meeting with both in-person and remote participation to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The SEDAR 79 assessment process for Gulf of Mexico and South Atlantic mutton snapper will consist of a Data Workshop, and a series of assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

NMFS adjusts the 2023 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 Winter II period. This notification is intended to inform the public of this quota and trip limit change.

NMFS issues regulations to implement a management measure described in Framework Amendment 12 under the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and Atlantic Region (CMP FMP), as prepared and submitted by the Gulf of Mexico Fishery Management Council (Gulf Council). This final rule and Framework Amendment 12 modify the Gulf of Mexico (Gulf) migratory group of king mackerel (Gulf king mackerel) gillnet component commercial fishing season. The purpose of this final rule and Framework Amendment 12 is to allow the Gulf king mackerel gillnet component of the CMP fishery to fish without interruption from the season start date until NMFS determines that the gillnet quota has been met.

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 Municipality of Skagway (MOS) to incidentally harass marine mammals during construction associated with the Ore Terminal redevelopment project in Skagway, Alaska.

The Gulf of Mexico Fishery Management Council (Council) will hold a one-day in-person meeting of its Ecosystem Technical Committee (ETC).

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