NOAA NEPA Document Database

The purpose of this action is to implement commercial quotas and recreational harvest limits
(RHLs) for the summer flounder and scup fisheries for 2024-2025. These measures are necessary
to prevent overfishing and ensure that annual catch limits (ACLs) are not exceeded.

Amendment 54 would modify the units used to monitor Gulf recreational greater amberjack landings from the Marine Recreational Information Program (MRIP) Coastal Household Telephone Survey (CHTS) to the MRIP Fishing Effort Survey (FES) and update the current rebuilding plan. Specifically, Amendment 54 and the proposed rule would:
• Revise the Gulf greater amberjack allocation from 27% commercial and 73% recreational to 20% commercial and 80% recreational,
• Revise the commercial ACT buffer from 13% to 7%, and
• Revise the OFL, ABC, and sector ACLs and ACTs

The purpose of CMP Framework 11 is to adjust the Gulf Group king mackerel overfishing limit, acceptable biological catch, and annual catch limits consistent with the most recent Southeast Data Assessment and Review 38 stock assessment update, and recommendations from the Gulf of Mexico Fishery Management Council’s Scientific and Statistical Committee. In doing so, CMP Framework 11 would modify the units used to monitor Gulf Group king mackerel landings from the Marine Recreational Information Program (MRIP) Coastal Household Telephone Survey to the MRIP Fishing Effort Survey.

This Environmental Assessment (EA) evaluates the potential environmental effects that may result from promulgating a protective regulation under section 4(d) of the Endangered Species Act (ESA) for four species of giant clams, T. crocea, T. maxima, T. noae, and T. squamosa, which are proposed to be listed as threatened under section 4(e) of the ESA. The proposed section 4(d) regulation would apply to these four species the ESA section 9(a)(1)(A) prohibition of import into and export from the United States and its territories, but would limit the prohibition to derivative parts and products for which the species of origin cannot be visually determined. We do not anticipate any significant impacts from this action.

The Comprehensive ABC Control Rule Amendment would modify the ABC control rules, allow phase-in of ABC changes, allow carry-over of unharvested portion of the annual catch limit (ACL), and modify framework procedures to implement carry-overs of ACLs when allowed for the three FMPs. The intent of the amendment is to provide additional flexibility within current statutory limits to address fishery management issues, incorporate scientific uncertainty and management risk in the ABC Control Rules, modify the approach used to determine the acceptable risk of overfishing, and prioritize the use of stock rebuilding plans for overfished stocks. The Comprehensive ABC Control Rule Amendment is in accordance with the 2016 revisions to the National Standard 1 guidelines and the 2020 NMFS guidance on carry-over and phase-in provisions. The Comprehensive ABC Control Rule Amendment and its proposed rule would not change the current ABC levels for all the species under the Snapper-Grouper, Dolphin and Wahoo, and Golden Crab FMPs. There are no potential significant impacts and no known problems with the project.

Framework 38 would set management measures for the scallop fishery for the 2024 fishing year and default measures for fishing year 2025, including the annual catch limits for the limited access and limited access general category fleets, as well as days-at-sea allocations and
sea scallop access area trip allocations. The measures proposed in Framework 38 would result in projected landings of 27.4 million lb, a 2.4 million-lb increase from the fishing year 2023 projected landings.

Framework Adjustment 66 sets catch limits for some of the groundfish stocks, and makes other minor changes to groundfish management measures.

On May 15, 2020, NOAA Fisheries issued two Biological Opinions (BiOps) for Atlantic highly migratory species (HMS): one for the pelagic longline (PLL) fishery and one for the non-PLL fisheries. As a result of the Endangered Species Act (ESA) listing for oceanic whitetip sharks and the Central and Southwest Atlantic Distinct Population Segment (DPS) of scalloped hammerhead sharks, the BiOps strongly encouraged the inclusion of these federally protected species on the HMS list of prohibited shark species for recreational and/or commercial HMS fisheries. Under existing regulations, retention and possession of oceanic whitetip sharks and all hammerhead sharks are prohibited for commercial fishermen using PLL gear and recreational fishermen who have tunas, swordfish, and/or billfish on board. For oceanic whitetip sharks, this action would extend the prohibitions to all HMS permitted fishermen by adding oceanic whitetip sharks to the prohibited sharks species group using the criteria in 50 CFR § 635.34(c). Although only the scalloped hammerhead shark Central and Southwest Atlantic DPS is listed under the ESA, this action prohibits retention of great, smooth, and scalloped hammerhead sharks for all HMS permitted fishermen in the U.S. Caribbean region due to the likelihood of misidentification by fishermen. This action is being taken pursuant to the rulemaking authority under the Magnuson-Stevens Fishery Conservation and Management Act, section 304(g).

The Trustees are proposing to allocate the remaining unspent Cosco Busan Oil Spill settlement funds for Large Diving Ducks and Loons to extend implementation of the Eelgrass restoration in San Francisco Bay. The Trustees are also proposing two new projects to address injuries due to the spill to Brown Pelicans, Cormorants and Gull: the Alcatraz Island human disturbance reduction project and the Seabird habitat restoration on Southeast Farallon Island project are proposed now as replacements for the Berkeley Pier Enhancement project, which was selected as a preferred alternative in the Final DARP/EA, but has permitting delays.

This RP amendment provides (1) an update on completed restoration activities, (2) a Consistency Evaluation regarding site-specific restoration projects proposed now for implementation that were only generally evaluated in the Final RP/PEA, and (3) an evaluation of a new proposed restoration action: feral swine management on state-owned lands (including those state-owned lands newly acquired as part of this case’s restoration).

The Washington Department of Fish and Wildlife and Lummi Nation, and the Nooksack Indian Tribe jointly submitted 11 hatchery and genetic management plans for salmon hatchery programs in Puget Sound, as resource management plans. These plans describe each hatchery program in detail, including fish life stages produced and potential measures to minimize risks of negative impacts that may affect listed fish. NMFS’s determination of whether the plans achieve the conservation standards of the ESA, as set forth in Limit 6 of 4(d) rules for listed salmon and steelhead, is the Federal action requiring National Environmental Policy Act (NEPA) compliance. The analysis within the environmental assessment (EA) informs NMFS, hatchery operators, and the public about the current and anticipated direct, indirect, and cumulative environmental effects of operating the 11 salmon hatchery programs in the Nooksack River Basin under the full range of alternatives.

The National Marine Fisheries Service (NMFS) will modify required seabird interaction mitigation measures in the Hawaii longline fishery. The action will change regulations to require that federally permitted deep-set longline fishing vessels that set fishing gear from the stern use a tori line (bird scaring streamer) in place of the currently required blue-dyed, thawed bait and strategic offal discharge when fishing above 23˚ N latitude. This action is expected to improve the overall efficacy and operational practicality of the required seabird mitigation measures by reducing seabird bycatch and saving time and money for fishermen.

Sufficiency analysis and FONSI for full approval of the Indiana coastal nonpoint pollution control program

The National Marine Fisheries Service (NMFS) is proposing several changes for commercial and recreational Atlantic shark fisheries. This action is necessary to be responsive to the new framework for implementing management measures established in Amendment 14 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan, findings from the Shark Fishery in Review document, and recent domestic laws and international agreements that are likely to have direct and indirect impacts on shark fisheries. Specifically, NMFS is considering options to: (1) remove the blacknose shark management boundary in the Atlantic region, (2) modify the commercial retention limit for blacknose sharks in the Atlantic region, (3) revise the recreational minimum size limits for Atlantic shark species, and (4) revise the recreational retention limits for Atlantic shark species. The goal of this action is to increase management flexibility to react to additional factors impacting Atlantic shark fisheries and optimize the ability for the commercial and recreational shark fisheries to harvest available quota to the extent practicable. This action is being taken pursuant to the rulemaking authority under the Magnuson-Stevens Fishery Conservation and Management Act, section 304(g).

The Trustees propose to use the settlement funds totaling $5.53M (plus accrued account interest) for roseate and common tern nesting habitat restoration, and shoreline and salt marsh restoration and shoreline erosion control on Ram Island in Mattapoisett, Massachusetts.

Framework Amendment 2 to the Puerto Rico, St. Croix, and St. Thomas/St. John Fishery Management Plans (FMP) would modify the overfishing limit, acceptable biological catch, and annual catch limit for spiny lobster under each FMP consistent with results from the 2022 Update Assessment to the 2019 SEDAR 57 Spiny Lobster Stock Assessments.
Framework Amendment 2 modifies the OFL, ABC, and ACL for spiny lobster under each FMP consistent with results from the 2022 Update Assessment to the 2019 SEDAR 57 Spiny Lobster Stock Assessments and recommendations from the Caribbean Fishery Management Council’s (Council) Scientific and Statistical Committee (SSC). The Council accepted the SSC’s recommendation of a constant ABC based on the 3-year average of the ABCs projected for the years 2024-2026 and set the ACL equal to 95% of the ABC. The final rule updates the ACL for the spiny lobster stock under each FMP.

The Navy is conducting Ice Exercises in Spring 2022 in the Arctic Ocean. Significant impacts are not anticipated.

NMFS authorize incidental take of marine mammals (ringed seal only) resulting from the U.S. Navy's Ice Exercises (ICEX) in the Arctic Ocean in 2024. Takes may result from active acoustic transmissions. ICEX 2022 included use of exercise torpedoes, but ICEX 2024 does not include use of torpedoes.