Notice2021-17887
Atlantic Highly Migratory Species; Final Amendment 12 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan
Primary source
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Published
August 20, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the availability of Final Amendment 12 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP). The Final Amendment responds to revisions to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) National Standard (NS) guidelines, a rulemaking addressing reporting methodologies for bycatch as defined under the Magnuson- Stevens Act, and recent NMFS policy directives which aim to improve and streamline fishery management procedures to enhance their utility for managers and the public. This final amendment does not include a proposed rule or regulatory text. Any operational changes to fishery management measures as a result of Final Amendment 12 would be considered in future rulemakings, as appropriate.
Full Text
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<title>Federal Register, Volume 86 Issue 159 (Friday, August 20, 2021)</title>
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[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Notices]
[Pages 46836-46837]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17887]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA086]
Atlantic Highly Migratory Species; Final Amendment 12 to the 2006
Consolidated Atlantic Highly Migratory Species Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of a fishery management plan amendment.
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SUMMARY: NMFS announces the availability of Final Amendment 12 to the
2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery
Management Plan (FMP). The Final Amendment responds to revisions to the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) National Standard (NS) guidelines, a rulemaking addressing
reporting methodologies for bycatch as defined under the Magnuson-
Stevens Act, and recent NMFS policy directives which aim to improve and
streamline fishery management procedures to enhance their utility for
managers and the public. This final amendment does not include a
proposed rule or regulatory text. Any operational changes to fishery
management measures as a result of Final Amendment 12 would be
considered in future rulemakings, as appropriate.
DATES: The amendment was approved on August 16, 2021.
ADDRESSES: Electronic copies of Final Amendment 12 to the 2006
Consolidated HMS FMP may be obtained on the internet at: <a href="https://www.fisheries.noaa.gov/action/amendment-12-2006-consolidated-hms-fishery-management-plan-msa-guidelines-and-national">https://www.fisheries.noaa.gov/action/amendment-12-2006-consolidated-hms-fishery-management-plan-msa-guidelines-and-national</a>.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin,
<a href="/cdn-cgi/l/email-protection#b5c6d4c7d4dd9bd8d6d9d4c0d2ddd9dcdbf5dbdad4d49bd2dac3"><span class="__cf_email__" data-cfemail="94e7f5e6f5fcbaf9f7f8f5e1f3fcf8fdfad4fafbf5f5baf3fbe2">[email protected]</span></a>, 978-281-9260, or Karyl Brewster-Geisz,
<a href="/cdn-cgi/l/email-protection#1f747e6d6673317d6d7a686c6b7a6d32787a766c655f71707e7e31787069"><span class="__cf_email__" data-cfemail="c3a8a2b1baafeda1b1a6b4b0b7a6b1eea4a6aab0b983adaca2a2eda4acb5">[email protected]</span></a>, 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries are managed under the
authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.). The 2006
Consolidated Atlantic HMS FMP and its amendments are implemented by
regulations at 50 CFR part 635.
The Magnuson-Stevens Act requires that any FMP or FMP amendment be
consistent with 10 NSs. In 2016, NMFS published a final rule revising
the guidelines for NS1, NS3, and NS7 to improve and clarify the
guidance and to facilitate compliance with requirements of the
Magnuson-Stevens Act to end and prevent overfishing, rebuild overfished
stocks, and achieve optimum yield (OY) (81 FR 71858, October 18, 2016).
The final rule on the NS guidelines included a recommendation that FMP
objectives should be reassessed on a regular basis to reflect the
changing needs of fisheries over time. Although no time frame was
prescribed, the guidelines indicated that NMFS should provide notice to
the public of the expected schedule for review. The final rule also
noted that, for stocks managed under international agreements,
consistent with provisions in the Magnuson-Stevens Act, NMFS may decide
to use the international stock status determination criteria (SDC)
defined by the relevant international body (e.g., the International
Commission for the Conservation of Atlantic Tunas (ICCAT)). Thus, Final
Amendment 12 revises some of the objectives contained in the 2006
Consolidated Atlantic HMS FMP, and adopts the ICCAT SDC for ICCAT-
managed HMS.
The Magnuson-Stevens Act further requires that any FMP, with
respect to any fishery, establish standardized bycatch reporting
methodology (SBRM) to assess the amount and type of bycatch occurring
in a fishery. On January 19, 2017, NMFS published a final rule (82 FR
6317) to interpret and provide guidance on this requirement.
Specifically, the 2017 final rule indicated that each FMP must identify
the required procedure or procedures that constitute the SBRM for a
fishery and conduct an analysis that explains how the SBRM meets the
purposes described at 50 CFR 600.1600. Final Amendment 12 reviews of
SBRMs for HMS fisheries.
Also in 2017, NMFS issued a Fisheries Allocation Review Policy
Directive and Procedures (01-119), which described a mechanism to
ensure that fishery quota allocations are periodically reviewed and
evaluated to remain relevant to current conditions, improve
transparency, and minimize conflict for a process that is often
controversial. Final Amendment 12 establishes triggers for review of
allocations of quota-managed HMS.
Finally, the HMS Stock Assessment and Fishery Evaluation (SAFE)
Report is a public document that provides a summary of scientific
information concerning the most recent biological condition of stocks,
stock complexes, and marine ecosystems, essential fish habitat (EFH),
and the social and economic condition of recreational and commercial
HMS fishing interests, fishing communities, and the fish processing
industries. NS2 guidelines specify that SAFE reports summarize, on a
periodic basis, the best scientific information available concerning
the past, present, and possible future condition of the stocks, EFH,
marine ecosystems, and fisheries being managed under Federal
regulation. In 2008, NMFS published Amendment 2 to the 2006
Consolidated HMS FMP which, among other things, indicated that
publication of the HMS SAFE Report would occur by the fall of each
year. Final Amendment 12 notifies the public of modified timing for
release of the HMS SAFE Report to account for unexpected delays (e.g.,
data availability, staff availability, furloughs, emergencies, etc.).
Final Amendment 12 is consistent with the revised 2016 NS
guidelines, the 2017 SBRM rulemaking, and the 2017 Fisheries Allocation
Review Policy Directive 01-119, along with other relevant statutes and
the 2006 Consolidated Atlantic HMS FMP and its amendments. There is no
final rule or regulatory text associated with Final Amendment 12.
Quotas or other fishery management measures will not be
[[Page 46837]]
changed or affected as a result of this amendment. Any operational
changes to fishery management measures as a result of Final Amendment
12 would be considered in future rulemakings, as appropriate.
On August 25, 2020, NMFS published a notice of availability of
Draft Amendment 12 (85 FR 52329). Given that specific changes to
fishery management measures are not proposed or evaluated in this
amendment; NMFS does not expect any impacts. Furthermore, no
extraordinary circumstances exist, and the action is not expected to be
controversial. Thus, NMFS has determined that Final Amendment 12 would
appropriately be categorically excluded from further analysis under the
National Environmental Policy Act (NEPA).
NMFS sought public comment on Draft Amendment 12 through October
26, 2020. Additionally, NMFS conducted two public hearing conference
calls/webinars for interested members of the public to submit verbal
comments. NMFS received one written comment on the Draft Amendment, and
received a number of additional comments and/or clarifying questions at
the September 2020 Atlantic HMS Advisory Panel meeting and the two
webinars. In general, commenters supported the intent of Draft
Amendment 12 to address the 2006 Consolidated HMS FMP objectives, to
adopt international SDC for internationally managed HMS, to update
SBRM, to adopt triggers for review of allocations, and to adjust the
publication date of the annual SAFE Report. Regarding reassessment of
HMS FMP objectives, some commenters indicated support or opposition to
certain changes, with some suggesting specific changes to strengthen,
broaden, streamline, keep, or clarify the text, including for
flexibility purposes. See the response to comments in the Appendix of
Final Amendment 12.
Final Amendment 12 revises 12 of the 16 baseline HMS management
objectives identified in the 2006 Consolidated HMS FMP and adds three
new objectives. For further information including the full set of
revised HMS FMP objectives, see the Final Amendment 12 document. Table
1 summarizes the three changes to the HMS FMP objectives relative to
the revisions NMFS proposed in Draft Amendment 12, based on public
comment and further consideration.
Table 1--Changes to the HMS FMP Objectives Relative to the Revisions NMFS Proposed in Draft Amendment 12
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Text of 2006 consolidated Text of revised FMP
Objective # HMS FMP objective objective Rationale for revision
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14....................... Optimize the social and Optimize the social and No change.
economic benefits to the economic benefits to the Although Atlantic billfish
nation by reserving the nation by reserving the are already reserved for
Atlantic billfish resource Atlantic billfish resource the recreational fishery
for its traditional use, for its traditional use, and are prohibited from
which in the United States which in the United States being landed commercially,
is entirely a recreational is entirely a recreational NMFS has decided to retain
fishery. fishery. Objective 14 in the HMS
FMP to maintain this
important concept in
managing HMS fisheries.
15....................... Increase understanding of Increase understanding of Adds text to elaborate on
the condition of HMS the condition of Atlantic the type of information
stocks and HMS fisheries. HMS stocks and fisheries, that could help with
including stock status, understanding Atlantic HMS
biological, social, and stocks and fisheries.
economic information, and
how HMS stocks and
fisheries interact with
other federally managed
fisheries and species.
18....................... Consistent with the other Consistent with the other Adds an objective to
objectives of this FMP, objectives of this FMP, consider ecosystem-based
consider ecosystem-based consider ecosystem-based effects and shifts in the
effects to support and effects and seek to environment, including
enhance effective HMS understand the impacts of climate change, in
fishery management. shifts in the environment, Atlantic HMS fishery
including climate change, management.
on Atlantic HMS fisheries
to support and enhance
effective HMS fishery
management.
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Authority: 16 U.S.C. 971 et seq., and 1801 et seq.
Dated: August 17, 2021.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2021-17887 Filed 8-19-21; 8:45 am]
BILLING CODE 3510-22-P
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