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

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Determination of Overfishing or an Overfished Condition
Document Number: 2023-10320
Type: Notice
Date: 2023-05-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has found that Pacific sardine is still overfished. NMFS, on behalf of the Secretary, is required to provide this notice whenever it determines that a stock or stock complex is subject to overfishing, overfished, or approaching an overfished condition.
Fisheries of the United States; Magnuson-Stevens Fishery Conservation and Management Act; National Standard 4, 8, and 9 Guidelines
Document Number: 2023-10294
Type: Proposed Rule
Date: 2023-05-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is publishing this ANPR to alert the public of potential future adjustments the agency may make to the implementing guidelines for National Standards 4, 8, or 9, of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). Several ongoing fishing management challenges, including changes in environmental conditions, shifting distributions of fish stocks, and equity and environmental justice considerations that affect fishing communities that are currently or have been historically dependent on the resource, suggest a need to revisit the guidelines to ensure they remain appropriate for current U.S. fisheries management. The intent of this notice is to provide the public with background on some of the specific issues under consideration, seek specific input, and provide a general opportunity for comment. NMFS will take public comment into consideration when it decides whether or not to propose changes to the guidelines for National Standards 4, 8, or 9.
Pacific Halibut Fisheries of the West Coast; 2023 Catch Sharing Plan and Recreational Management Measures; Correction
Document Number: 2023-10288
Type: Rule
Date: 2023-05-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action makes two corrections to the final rule that approved the 2023 Area 2A Pacific halibut catch sharing plan and implemented recreational management measures, which published on April 11, 2023. Specifically, NMFS is correcting the open fishing dates listed for the Washington South Coast subarea fishery and a reference to the subarea allocation amount for the Washington South Coast fishery.
Evaluation of Heeia National Estuarine Research Reserve; Notice of Public Meeting; Request for Comments
Document Number: 2023-10258
Type: Notice
Date: 2023-05-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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 Heeia National Estuarine Research Reserve. NOAA also invites the public to submit written comments.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 23 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
Document Number: 2023-10112
Type: Proposed Rule
Date: 2023-05-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Mid-Atlantic Fishery Management Council has submitted the Black Sea Bass Commercial State Allocation Amendment (Amendment 23) to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). Amendment 23 proposes to establish commercial state-by-state black sea bass allocations in the Federal fishery management plan and regulations, to change the trigger for the in-season closure accountability measures, and change the state-overage payback. Amendment 23 is intended to address the allocation-related impacts of the significant changes in the distribution of black sea bass that have occurred since the original allocations were implemented.
Atlantic Highly Migratory Species; Electronic Reporting Requirements
Document Number: 2023-10073
Type: Proposed Rule
Date: 2023-05-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In this advance notice of proposed rulemaking, NMFS is considering management options to modify or expand reporting requirements for Atlantic highly migratory species (HMS). All HMS reporting would require electronic submission using an online or mobile reporting application. Specific to commercial vessel reporting, NMFS is considering options for electronic submission of information required on the existing, paper logbooks, as well as a logbook requirement for owners of vessels with Atlantic Tunas General category permits, Atlantic Tunas Harpoon category permits, and/or Swordfish General Commercial permits. Specific to recreational vessel reporting, NMFS is considering a logbook requirement for owners of HMS Charter/Headboat permitted vessels, as well as expanding HMS Angling permit reporting requirements. NMFS is also considering measures to encourage reporting compliance for vessel owners with HMS open access permits. Specific to dealer reporting, NMFS is considering requiring dealers to enter certain fish individually in their dealer reporting programs and a technical change in bluefin tuna (BFT) reporting requirements. Finally, specific to the HMS Exempted Fishing Permit (EFP) Program, NMFS is considering offering an electronic reporting platform, as well as some technical changes to reporting requirements.
Endangered and Threatened Species: Designation of Nonessential Experimental Populations of Chinook Salmon Upstream of Shasta Dam, Authorization for Release, and Adoption of Limited Protective Regulations Under the Endangered Species Act Sections 10(j) and 4(s)
Document Number: 2023-09967
Type: Proposed Rule
Date: 2023-05-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, propose a rule to designate and authorize the release of nonessential experimental populations (NEPs or experimental populations) of Sacramento River (SR) winter-run Chinook salmon (Oncorhynchus tshawytscha) and Central Valley (CV) spring-run Chinook salmon (O. tshawytscha) in the McCloud and Upper Sacramento Rivers upstream of Shasta Dam (the NEP Area), California, and, under the Endangered Species Act (ESA), establish a limited set of take exceptions for the experimental populations. Successful reintroduction of populations within the species' historical ranges would contribute to viability and further conservation of these species. The issuance of limited protective regulations for the conservation of these species would provide regulatory assurances to the people in the Upper Sacramento River and McCloud River watersheds. This proposed rule also announces the availability for comment of a draft environmental assessment (EA) analyzing the environmental impacts of this proposed experimental population designation and the associated take exceptions.
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fish Aggregating Device Design Requirements in Purse Seine Fisheries, IMO Number Requirements, and Bycatch Restrictions
Document Number: 2023-09966
Type: Rule
Date: 2023-05-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act), NMFS issues this final rule establishing fish aggregating device (FAD) design requirements, International Maritime Organization (IMO) number requirements, and bycatch restrictions for sharks and rays. This action is necessary to satisfy the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Marine Geophysical Survey Off North Carolina in the Northwest Atlantic Ocean
Document Number: 2023-10024
Type: Notice
Date: 2023-05-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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 Lamont-Doherty Earth Observatory (L-DEO) to incidentally harass marine mammals during survey activities associated with a marine geophysical survey off North Carolina in the Northwest Atlantic Ocean.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Gulf of Mexico Incidental Trophy Fishery for 2023
Document Number: 2023-10023
Type: Rule
Date: 2023-05-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS closes the Angling category Gulf of Mexico incidental fishery for large medium and giant (``trophy'' (i.e., measuring 73 inches (185 cm) curved fork length or greater)) Atlantic bluefin tuna (BFT). This action applies to Highly Migratory Species (HMS) Angling and HMS Charter/Headboat permitted vessels when fishing recreationally.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys Off the Coast of Delaware
Document Number: 2023-09947
Type: Notice
Date: 2023-05-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received a request from [Oslash]rsted Wind Power North America, LLC ([Oslash]rsted) and its designees, Garden State Offshore Energy, LLC (Garden State) and Skipjack Offshore Energy, LLC (Skipjack), for the re-issuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of marine mammals incidental to marine site characterization surveys in coastal waters off of Delaware and New Jersey. The project has been delayed and none of the work covered in the initial IHA has been conducted. 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 a second identical IHA to cover the incidental take analyzed and authorized in the initial IHA.
Pacific Halibut Fisheries; Catch Sharing Plan; Rulemaking To Modify the 2023-2027 Halibut Individual Fishing Quota (IFQ) Vessel Harvest Limitations in IFQ Regulatory Areas 4A, 4B, 4C, and 4D
Document Number: 2023-10092
Type: Proposed Rule
Date: 2023-05-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this proposed rule to revise regulations for the commercial individual fishing quota (IFQ) Pacific halibut (halibut) fisheries for 2023 through 2027. This proposed rule would remove limits on the maximum amount of halibut IFQ that may be harvested by a vessel, commonly known as vessel use caps, in IFQ Regulatory Areas 4A (Eastern Aleutian Islands), 4B (Central and Western Aleutian Islands), 4C (Central Bering Sea), and 4D (Eastern Bering Sea). This action is needed to continue to provide additional flexibility and stability to IFQ participants in Areas 4A, 4B, 4C, and 4D while a longer term modification of vessel use caps is considered. This action is intended to promote the goals and objectives of the IFQ Program, the Northern Pacific Halibut Act of 1982 (Halibut Act), and other applicable laws.
Fisheries Off West Coast States; West Coast Salmon Fisheries; 2023 Specifications and Management Measures
Document Number: 2023-10090
Type: Rule
Date: 2023-05-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Through this final rule, NMFS establishes fishery management measures for the 2023 ocean salmon fisheries off Washington, Oregon, and California, and the 2024 salmon seasons opening earlier than May 16, 2024, under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). The fishery management measures vary by fishery and by area, and establish fishing areas, seasons, quotas, legal gear, recreational fishing days and catch limits, possession and landing restrictions, and minimum lengths for salmon taken in the U.S. Exclusive Economic Zone (EEZ) (3-200 nautical miles (nm); 5.6-370.4 kilometers (km)) off Washington, Oregon, and California. The management measures are intended to prevent overfishing and to apportion the ocean harvest equitably among treaty Indian, non- Indian commercial, and recreational fisheries. The measures are also intended to allow a portion of the salmon runs to escape the ocean fisheries in order to provide for spawning escapement, comply with applicable law, and to provide fishing opportunity for inside fisheries (fisheries occurring in state waters).
New England Fishery Management Council; Public Meeting
Document Number: 2023-10083
Type: Notice
Date: 2023-05-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council is convening an ad- hoc sub-panel of its Scientific and Statistical Committee (SSC) 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.
Marine Mammals; File No. 26774
Document Number: 2023-10059
Type: Notice
Date: 2023-05-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that John P. Wise, Sr., Ph.D., University of Louisville, Department of Pharmacology, 500 S Preston St., Suite 1319, Louisville, KY 40202 has applied in due form for a permit to receive, import, and export parts from marine mammals, sea turtles, sawfish, and sharks for scientific research purposes.
North Pacific Fishery Management Council; Public Meeting
Document Number: 2023-10082
Type: Notice
Date: 2023-05-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council's (Council) Bering Sea Fishery Ecosystem Plan Local Knowledge, Traditional Knowledge, and Subsistence Taskforce (LKTKS) meeting will be held on June 22, 2023.
North Pacific Fishery Management Council; Public Meeting
Document Number: 2023-10081
Type: Notice
Date: 2023-05-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council's (Council) Pacific Northwest Crab Industry Advisory Committee (PNCIAC) will meet May 30, 2023.
Pacific Fishery Management Council; Public Meeting
Document Number: 2023-10080
Type: Notice
Date: 2023-05-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Pacific Fishery Management Council's (Pacific Council) Ecosystem Advisory Subpanel (EAS) will hold an online meeting, which is open to the public.
Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
Document Number: 2023-10079
Type: Notice
Date: 2023-05-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The SEDAR 74 assessment of Gulf of Mexico red snapper will consist of a Data workshop, a series of assessment webinars, and a Review workshop. See SUPPLEMENTARY INFORMATION.
Coastal Nonpoint Pollution Control Program: Proposal To Find That Michigan Has Satisfied Conditions on Earlier Approval
Document Number: 2023-10074
Type: Notice
Date: 2023-05-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Environmental Protection Agency
The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) (the Federal agencies) invite public comment on the Federal agencies' proposed finding that Michigan has satisfied all conditions the agencies established as part of their 1997 approval of the state's coastal nonpoint pollution control program (coastal nonpoint program). The Coastal Zone Act Reauthorization Amendments (CZARA) directs states and territories with coastal zone management programs previously approved under section 306 of the Coastal Zone Management Act to develop and implement coastal nonpoint programs, which must be submitted to the Federal agencies for approval. Prior to making such a finding, NOAA and the EPA invite public input on the two Federal agencies' rationale for this proposed finding.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Port San Luis Breakwater Repairs in Avila Beach, California
Document Number: 2023-09951
Type: Notice
Date: 2023-05-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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 U.S. Army Corps of Engineers (ACOE) to incidentally harass marine mammals incidental to Port San Luis breakwater repairs in Avila Beach, California.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Amendment 34
Document Number: 2023-09697
Type: Rule
Date: 2023-05-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues regulations to implement Amendment 34 to the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and Atlantic Region (CMP FMP) (Amendment 34), as prepared and submitted by the South Atlantic Fishery Management Council (South Atlantic Council) and the Gulf of Mexico Fishery Management Council (Gulf Council). For Atlantic migratory group king mackerel (Atlantic king mackerel), this final rule revises the stock and sector annual catch limits (ACL), and the recreational bag and possession limits off the east coast of Florida. For both Atlantic king mackerel and Atlantic migratory group Spanish mackerel (Atlantic Spanish mackerel), this final rule revises the landing fish intact provisions for the recreational sector. In addition, for Atlantic king mackerel, Amendment 34 revises the acceptable biological catch (ABC) and annual optimum yield (OY). The purpose of this final rule and Amendment 34 is to revise the catch limits based on a recent stock assessment and the best scientific information available, and to revise management measures for Atlantic king and Spanish mackerel.
Notice of Availability of a Final Programmatic Environmental Assessment for Funding Aquaculture Research and Development Projects and Finding of No Significant Impact
Document Number: 2023-09827
Type: Notice
Date: 2023-05-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration, Office of Oceanic and Atmospheric Research (OAR) is issuing this notice to inform the public of the availability of the final programmatic environmental assessment (PEA) to fund aquaculture research and development projects and Finding of No Significant Impact (FONSI).
Fisheries Off West Coast States; Highly Migratory Fisheries; Amendment 6 to the Fishery Management Plan for West Coast Fisheries for Highly Migratory Species; Authorization of Deep-Set Buoy Gear
Document Number: 2023-09748
Type: Rule
Date: 2023-05-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This rule implements Amendment 6 to the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP), which authorizes deep-set buoy gear (DSBG) as a legal gear type for targeting swordfish and catching other highly migratory species (HMS) off the U.S. West Coast. The rule establishes a limited entry (LE) permitting regime for use of DSBG in the Southern California Bight (SCB). DSBG fishing will be permitted on an open-access basis outside of the SCB, in Federal waters off of California and Oregon, for all vessels possessing a general HMS permit with a DSBG endorsement. DSBG fishing will not be permitted in Federal waters off of Washington. This final rule includes definitions for two configurations of DSBG standard and linkedand specifies the LE management area, permitting process, and requirements for use of the gear.
Atlantic Highly Migratory Species; Climate Vulnerability Assessment Public Meeting and Webinar
Document Number: 2023-09743
Type: Notice
Date: 2023-05-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS will hold a 3-day Atlantic Highly Migratory Species (HMS) Climate Vulnerability Assessment (CVA) public workshop and webinar in May 2023. NMFS uses CVAs to identify which species may be most vulnerable based on their exposure to projected changes in the environment (e.g., warming oceans) and their sensitivity or adaptability to handle those changes based on their life history characteristics. In-person workshops are a key component of the CVA scoring process. This workshop will allow a scientific panel of 15 experts to evaluate species sensitivity to climate change, identify and fix errors in scoring, allow for appropriate consideration of new information, address bias, and provide their individual scores for, and opinions on, HMS. The meeting is open to the public.
Fisheries of the South Atlantic; National Marine Fisheries Service-Public Meetings
Document Number: 2023-09719
Type: Notice
Date: 2023-05-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service will hold a virtual Dolphin (i.e., Dolphinfish or Mahi mahi) Management Strategy Stakeholder workshop on May 30, 2023.
Atlantic Highly Migratory Species; Amendment 16 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan
Document Number: 2023-09663
Type: Proposed Rule
Date: 2023-05-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the availability of the scoping document for Amendment 16 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) (Amendment 16) and its intent to prepare an EIS under the National Environmental Policy Act (NEPA). Based on the mechanism used in establishing shark quotas and related management measures from Amendment 14 to the 2006 Consolidated HMS FMP (Amendment 14), Amendment 16 would modify the acceptable biological catch (ABC) and annual catch limits (ACLs) for Atlantic sharks and the process used to account for carryover of underharvests of quotas. In the scoping document, NMFS considers changes to commercial and recreational shark management measures related to commercial and recreational quotas, management groups, retention limits, and size limits. NMFS expects to consider the comments received on the scoping document when developing Amendment 16.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
Document Number: 2023-09712
Type: Notice
Date: 2023-05-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Mid-Atlantic Fishery Management Council's Tilefish Monitoring Committee will hold a public meeting.
International Affairs; Antarctic Marine Living Resources Convention Act
Document Number: 2023-09214
Type: Proposed Rule
Date: 2023-05-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to revise its Antarctic Marine Living Resources Convention Act regulations, including those that implement the trade- monitoring program for frozen and fresh Dissostichus species, commonly marketed or referred to as Chilean seabass or Patagonian toothfish. Specifically, this action would: revise regulations that specify the circumstances under which NMFS would deny issuance of a preapproval certificate that is required to legally import frozen Dissostichus species; add regulations that specify the circumstances under which NMFS would deny issuance of a re-export or export document that is required to legally re-export or export both frozen and fresh Dissostichus species; clarify that the applicable authorization must be received prior to re-export or export; and remove the prohibition on the importation of toothfish harvested from the Food and Agriculture Organization of the United Nations (FAO) Statistical Areas 51 and 57. NMFS also proposes other non-substantive technical and procedural updates.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; Commercial Trip Limit for Gray Triggerfish
Document Number: 2023-08992
Type: Proposed Rule
Date: 2023-05-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to implement management measures described in a framework action under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) as prepared by the Gulf of Mexico Fishery Management Council (Council). If implemented for gray triggerfish in the Gulf of Mexico (Gulf), this proposed rule would increase the commercial trip limit from 16 fish to 25 fish. The purpose of this action is to increase the gray triggerfish commercial trip limit to allow commercial fishermen the opportunity to harvest the commercial annual catch target (ACT).
Atlantic Highly Migratory Species; Spatial Fisheries Management
Document Number: 2023-08782
Type: Proposed Rule
Date: 2023-05-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This proposed rule would implement Draft Amendment 15 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) (Amendment 15). NMFS is proposing changes to Atlantic HMS fishery management measures regarding four commercial longline spatial management areas and the administration and funding of the HMS pelagic longline electronic monitoring (EM) program. Specifically, NMFS proposes to modify the timing and boundaries of the Mid-Atlantic shark, Charleston Bump, East Florida Coast, and DeSoto Canyon closed areas to create low- and/or high-bycatch risk areas. Lastly, NMFS proposes to implement a cost allocation program to transition electronic monitoring sampling costs to the industry, while NMFS remains responsible for administrative costs. These proposed changes would directly impact bottom and pelagic longline fishermen who hold Atlantic HMS fishing permits, and HMS commercial fishermen who use other gear types and HMS recreational fishermen may also be indirectly impacted given the proposed changes to the existing closed areas.
Marine Fisheries Advisory Committee Meeting
Document Number: 2023-09549
Type: Notice
Date: 2023-05-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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 SUPPLEMENTARY INFORMATION below.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Coastal Virginia Offshore Wind Commercial Project Offshore of Virginia
Document Number: 2023-08924
Type: Proposed Rule
Date: 2023-05-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received a request from the Virginia Electric and Power Company, doing business as Dominion Energy Virginia (Dominion Energy), for Incidental Take Regulations (ITR) and an associated Letter of Authorization (LOA) pursuant to the Marine Mammal Protection Act (MMPA). The requested regulations would govern the authorization of take, by Level A harassment and Level B harassment, of small numbers of marine mammals over the course of 5 years (2024-2029) incidental to construction of the Coastal Virginia Offshore Wind Commercial (CVOW-C) project offshore of Virginia 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 0483 (Lease Area) and associated Export Cable Routes. Project activities likely to result in incidental take include pile driving activities (impact and vibratory) and site assessment surveys using high-resolution geophysical (HRG) equipment. NMFS requests comments on its proposed rule. NMFS will consider public comments prior to making any final decision on the promulgation of the requested ITR and issuance of the LOA; agency responses to public comments will be summarized in the final notice of our decision. The proposed regulations, if promulgated, would be effective February 5, 2024, through February 4, 2029.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Pile Driving Training Exercises at Naval Base Ventura County, Port Hueneme
Document Number: 2023-09397
Type: Notice
Date: 2023-05-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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 United States Navy (Navy) to incidentally harass, by Level B harassment only, marine mammals during pile driving training exercises at Naval Base Ventura County, Port Hueneme (NBVC). The Navy's activities are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (2004 NDAA).
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Angling Category Retention Limit Adjustment
Document Number: 2023-09420
Type: Rule
Date: 2023-05-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has determined, based on consideration of the regulatory determination criteria regarding inseason adjustments, that the Atlantic bluefin tuna (BFT) daily retention limit that applies to Highly Migratory Species (HMS) Angling and HMS Charter/Headboat permitted vessels (when fishing recreationally for BFT) should be adjusted for the remainder of 2023. NMFS is adjusting the Angling category BFT daily retention limit from the default of one school, large school, or small medium BFT to: two school BFT and one large school/small medium BFT per vessel per day/trip for private vessels with HMS Angling permits; three school BFT and one large school/small medium BFT per vessel per day/trip for charter boat vessels with HMS Charter/Headboat permits when fishing recreationally; and six school BFT and two large school/small medium BFT per vessel per day/trip for headboat vessels with HMS Charter/Headboat permits when fishing recreationally. These retention limits are effective in all areas, except for the Gulf of Mexico, where targeted fishing for BFT is prohibited.
Atlantic Highly Migratory Species; Essential Fish Habitat 5-Year Review
Document Number: 2023-09516
Type: Notice
Date: 2023-05-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the availability of the Draft Atlantic Highly Migratory Species (HMS) Essential Fish Habitat (EFH) 5-Year Review (Draft HMS EFH 5-Year Review). The purpose of the Draft HMS EFH 5-Year Review is to gather relevant new information and determine whether modifications to existing EFH descriptions and designations are warranted, in compliance with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and implementing regulations. If EFH modifications are warranted, an amendment to the 2006 Consolidated Atlantic HMS Fishery Management Plan (2006 Consolidated HMS FMP) may be initiated.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 23 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
Document Number: 2023-09456
Type: Proposed Rule
Date: 2023-05-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Mid-Atlantic Fishery Management Council has submitted the Black Sea Bass Commercial State Allocation Amendment (Amendment 23) to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan to NMFS. Amendment 23 proposes to establish commercial state-by-state allocations for black sea bass in the Federal fishery management plan and regulations, change the trigger for the in-season closure accountability measures and change the state-overage payback. Amendment 23 is intended to address the allocation-related impacts of the significant changes in the distribution of black sea bass that have occurred since the original allocations were implemented.
Pacific Fishery Management Council; Public Meeting
Document Number: 2023-09306
Type: Notice
Date: 2023-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Pacific Fishery Management Council's (Pacific Council) Ad Hoc Marine Planning Committee (MPC) will hold an online public meeting.
Western Pacific Fishery Management Council (Council); Public Meeting
Document Number: 2023-09305
Type: Notice
Date: 2023-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Western Pacific Stock Assessment Review (WPSAR) Steering Committee will convene a public meeting to discuss and approve the 5- year calendar for stock assessments, and to address any other concerns related to the WPSAR process.
Fisheries of the Exclusive Economic Zone off Alaska; Pacific Cod by Vessels Using Jig Gear in the Central Regulatory Area of the Gulf of Alaska
Document Number: 2023-09367
Type: Rule
Date: 2023-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by vessels using jig gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2023 total allowable catch of Pacific cod by vessels using jig gear in the Central Regulatory Area of the GOA.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; Temporary Measures To Reduce Overfishing of Gag
Document Number: 2023-09336
Type: Rule
Date: 2023-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final temporary rule implements interim measures to reduce overfishing of gag in Federal waters of the Gulf of Mexico (Gulf). This final temporary rule reduces the 2023 commercial and recreational sector harvest levels for gag and changes the 2023 recreational fishing season for gag in Federal waters of the Gulf. This temporary rule is effective for 180 days, but NMFS may extend the interim measures for a maximum of an additional 186 days. The purpose of this temporary rule is to reduce overfishing of gag while the long- term management measures are developed.
Fisheries of the Northeastern United States; Atlantic Spiny Dogfish Fishery; 2023 Specifications
Document Number: 2023-09391
Type: Rule
Date: 2023-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues final specifications for the 2023 Atlantic spiny dogfish fishery, as recommended by the Mid-Atlantic and New England Fishery Management Councils. This action is necessary to establish allowable harvest levels for the spiny dogfish fishery to prevent overfishing while enabling optimum yield, using the best scientific information available.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction of the Maryland Offshore Wind Project Offshore of Maryland
Document Number: 2023-09194
Type: Notice
Date: 2023-05-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received a request from US Wind, Inc. (US Wind) for authorization to take small numbers of marine mammals incidental to the development of the Maryland Offshore Wind Project (Project) in the Bureau of Ocean Energy Management (BOEM) Commercial Lease on the Outer Continental Shelf OCS-A 0490 off of Maryland over the course of 5 years beginning on January 1, 2025. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of US Wind's request for regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on US Wind's application and request.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Construction Activities Associated With the Murray St. Bridge Seismic Retrofit Project in Santa Cruz, California
Document Number: 2023-09193
Type: Notice
Date: 2023-05-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued two consecutive incidental harassment authorizations (IHAs) to the City of Santa Cruz to incidentally harass marine mammals during construction activities associated with the seismic retrofit of the Murray St. Bridge in Santa Cruz, California.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Port of Nome Modification Project in Nome, Alaska
Document Number: 2023-09041
Type: Notice
Date: 2023-05-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received a request from the U.S. Army Corps of Engineers (USACE) for authorization to take marine mammals incidental to the Port of Nome Modification Project in Nome, 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.
Endangered and Threatened Species; Notice of Initiation of a 5-Year Review for the Taiwanese Humpback Dolphin
Document Number: 2023-09241
Type: Notice
Date: 2023-05-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the initiation of a 5-year review for the Taiwanese humpback dolphin (Sousa chinensis taiwanensis). NMFS is required by the Endangered Species Act (ESA) to conduct 5-year reviews to ensure that the listing classifications of species are accurate. The 5-year review must be based on the best scientific and commercial data available at the time of the review. We request submission of any such information on the Taiwanese humpback dolphin, particularly information on the status, threats, and recovery of the species that has become available since it was listed in 2018.
Marine Mammals; File No. 26939
Document Number: 2023-09235
Type: Notice
Date: 2023-05-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS' Northeast Fisheries Science Center, 166 Water Street, Woods Hole, MA 02543 (Responsible Party: Jon Hare, Ph.D.), has applied in due form for a permit to conduct research on pinnipeds.
Council Coordination Committee Meeting
Document Number: 2023-09304
Type: Notice
Date: 2023-05-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council (GMFMC) will host a meeting of the Council Coordination Committee (CCC) consisting of eight Regional Fishery Management Council (RFMC) chairs, vice chairs, and executive directors and its subcommittees from May 23 to May 25, 2023. The intent of this meeting is to discuss issues of relevance to the Councils and NMFS, including issues related to the implementation of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSA), other topics of concern to the RFMC, and decisions and follow-up activities.
Solicitation for Members of the NOAA Science Advisory Board
Document Number: 2023-09156
Type: Notice
Date: 2023-05-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NOAA is soliciting nominations for members of the NOAA Science Advisory Board (SAB). The SAB is the only Federal Advisory Committee with the responsibility to advise the Under Secretary of Commerce for Oceans, Atmosphere, and NOAA Administrator on long and short range strategies for research, education, and application of science to resource management and environmental assessment and prediction. The SAB consists of approximately fifteen members reflecting the full breadth of NOAA's areas of responsibility and assists NOAA in maintaining a complete and accurate understanding of scientific issues critical to the agency's missions.
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