Notice2022-01282
Atlantic Highly Migratory Species; Supplement to Draft Amendment 14 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan; Meeting of the Atlantic Highly Migratory Species Advisory Panel
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Published
January 24, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the availability of a supplement to Draft Amendment 14 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP). Draft Amendment 14 is being undertaken to revise the mechanism or "framework" used in establishing quotas and related management measures for Atlantic shark fisheries. The revised framework would modify the procedures followed in establishing the acceptable biological catch (ABC) and annual catch limits (ACLs) for Atlantic sharks and the process used to account for carryover or underharvests of quotas. NMFS provides details for application of the tiered ABC control rule and reopens the comment period on the ABC control rule for Atlantic HMS shark fisheries and Amendment 14 will not make changes to the current quotas or other management measures. Any operational changes to HMS fishery management measures as a result of Amendment 14 will be considered in future rulemakings, as appropriate. NMFS will hold a half-day HMS Advisory Panel (AP) meeting on this topic in February 2022. The intent of the HMS AP meeting is to discuss the ABC control rule for Atlantic HMS shark fisheries and collect comments regarding the application of the tiered ABC control rule. The meeting is open to the public.
Full Text
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<title>Federal Register, Volume 87 Issue 15 (Monday, January 24, 2022)</title>
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[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Notices]
[Pages 3504-3505]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01282]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RIN 0648-BI59]
Atlantic Highly Migratory Species; Supplement to Draft Amendment
14 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery
Management Plan; Meeting of the Atlantic Highly Migratory Species
Advisory Panel
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of supplement to Draft Amendment 14;
request for comments; notice of public webinars/conference calls.
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SUMMARY: NMFS announces the availability of a supplement to Draft
Amendment 14 to the 2006 Consolidated Atlantic Highly Migratory Species
(HMS) Fishery Management Plan (FMP). Draft Amendment 14 is being
undertaken to revise the mechanism or ``framework'' used in
establishing quotas and related management measures for Atlantic shark
fisheries. The revised framework would modify the procedures followed
in establishing the acceptable biological catch (ABC) and annual catch
limits (ACLs) for Atlantic sharks and the process used to account for
carryover or underharvests of quotas. NMFS provides details for
application of the tiered ABC control rule and reopens the comment
period on the ABC control rule for Atlantic HMS shark fisheries and
Amendment 14 will not make changes to the current quotas or other
management measures. Any operational changes to HMS fishery management
measures as a result of Amendment 14 will be considered in future
rulemakings, as appropriate. NMFS will hold a half-day HMS Advisory
Panel (AP) meeting on this topic in February 2022. The intent of the
HMS AP meeting is to discuss the ABC control rule for Atlantic HMS
shark fisheries and collect comments regarding the application of the
tiered ABC control rule. The meeting is open to the public.
DATES: Written comments must be received by March 10, 2022. The AP
meeting webinar and conference call will be held from 8 a.m. to 11 a.m.
on Friday February 11, 2022. NMFS will hold one public hearing via
webinar on supplement to Draft Amendment 14 will be held from 2 p.m. to
4 p.m. on February 23, 2022. For specific information see the
SUPPLEMENTARY INFORMATION section of this document.
ADDRESSES: Electronic copies of the Supplement to Draft Amendment 14 to
the 2006 Consolidated HMS FMP may be obtained on the internet at:
<a href="https://www.fisheries.noaa.gov/action/amendment-14-2006-consolidated-hms-fishery-management-plan-shark-quota-management">https://www.fisheries.noaa.gov/action/amendment-14-2006-consolidated-hms-fishery-management-plan-shark-quota-management</a>.
You may submit comments on this document, identified by NOAA-NMFS-
2019-0040, via the Federal e-Rulemaking Portal. Go to
<a href="http://www.regulations.gov">www.regulations.gov</a>, enter NOAA-NMFS-2019-0040 into the search box,
click the ``Comment Now!'' icon, complete the required fields, and
enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
The HMS AP meeting will be accessible via conference call and
webinar. Conference call and webinar access information are available
at: <a href="https://www.fisheries.noaa.gov/event/february-2022-hms-advisory-panel-meeting">https://www.fisheries.noaa.gov/event/february-2022-hms-advisory-panel-meeting</a>.
Participants are strongly encouraged to log/dial in 15 minutes
prior to the meeting. NMFS will show the presentations via webinar and
allow public comment during identified times on the agenda.
FOR FURTHER INFORMATION CONTACT: Guy DuBeck (<a href="/cdn-cgi/l/email-protection#084f7d71264c7d4a6d6b634866676969266f677e"><span class="__cf_email__" data-cfemail="86c1f3ffa8c2f3c4e3e5edc6e8e9e7e7a8e1e9f0">[email protected]</span></a>) or
Karyl Brewster-Geisz (<a href="/cdn-cgi/l/email-protection#b3f8d2c1cadf9df1c1d6c4c0c7d6c19ef4d6dac0c9f3dddcd2d29dd4dcc5"><span class="__cf_email__" data-cfemail="d79cb6a5aebbf995a5b2a0a4a3b2a5fa90b2bea4ad97b9b8b6b6f9b0b8a1">[email protected]</span></a>) by email, or by
phone at (301) 427-8503 for information on the supplement to Draft
Amendment 14. Peter Cooper (<a href="/cdn-cgi/l/email-protection#58083d2c3d2a761b3737283d2a1836373939763f372e"><span class="__cf_email__" data-cfemail="56063322332478153939263324163839373778313920">[email protected]</span></a>) at (301) 427-8503
for information regarding the HMS AP meeting.
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries are managed under the
dual authority of both the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and the
Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). The 2006
Consolidated Atlantic HMS Fishery Management Plan (2006 Consolidated
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 National Standards (NS). Specifically, NS1 requires
``conservation and management measures shall prevent overfishing while
achieving, on a continuing basis, the optimum yield from each fishery
for the United States fishing industry.'' In 2016, NMFS revised the NS1
guidelines to improve, streamline, and enhance their utility for
managers and the public and to facilitate compliance with the
requirements of the Magnuson-Stevens Act and provide management
flexibility in doing so (81 FR 71858; October 18, 2016). The revisions
addressed a range of issues, such as providing guidance on options to
phase in changes to catch limits and carry over unused quota from one
year to the next. On September 24, 2020, NMFS announced the
availability of Draft Amendment 14 to the 2006 Consolidated HMS FMP (85
FR 60132) that considered revisions to the mechanism or ``framework''
used in establishing quotas and related management measures in Atlantic
shark fisheries, considering the revised guidance. The current
framework was established in Amendment 3 to the 2006 Consolidated HMS
FMP. The revised framework would incorporate for potential use several
optional fishery management tools in the revised NS1 guidelines.
[[Page 3505]]
In Draft Amendment 14, NMFS considered management options in order
to revise the ABC framework that was established in Amendment 3. The
management options considered included modifying the ABC control rule,
revising processes for the implementation of an ABC, and modifying
carry-over and phase-in provisions and multi-year overfishing status
determinations. Full descriptions of the management options considered,
including the preferred management options, are provided in Draft
Amendment 14.
In Draft Amendment 14, NMFS preferred Management Option A3, which
would adopt a general tiered approach to ABC control rules based on
stocks that are categorized into tiers depending on the availability
and quality of scientific data. NMFS did not provide details for its
application, instead explaining that the shark ABC control rule would
be similar to the South Atlantic Fishery Management Council's tiered
ABC control rule for Amendment 29 to the snapper grouper fishery FMP.
During the comment period for Draft Amendment 14, the agency
received ten written comments and a variety of verbal comments on
preferred management options. Regarding the ABC control rule
specifically, several commenters asked questions and requested
additional information regarding Management Option A3. Based on these
comments, NMFS has revised Management Option A3 and is providing
further details in a supplement to Draft Amendment 14. These tiers
apply to all sharks that have a stock status of healthy (i.e., not
subject to overfishing and not overfished), experiencing overfishing,
or unknown. For shark stocks that are: (1) Under a rebuilding plan, (2)
assessed (or could be assessed) by the scientific body of the
International Commission for the Conservation of Atlantic Tunas
(ICCAT), or (3)in the prohibited shark complex, different approaches
would apply.
The supplemental document provides further details regarding
preferred Management Option A3 on the ABC control rule. The remaining
options published in Draft Amendment 14 are still being considered to
establish the general framework through which specific management
measures would later be developed and adopted. Any changes to the
actual management and quotas of HMS-managed Atlantic shark stocks or
management complexes would occur in future FMP amendments or regulatory
actions, as appropriate.
NMFS is requesting public comment on the additional details
provided in the supplement on preferred Management Option A3 and the
other management options considered under the ABC control rule from
Draft Amendment 14. Comments on any other topic (phase-in ABC control
rule, ACL development, carry-over of underharvested ACL, or multi-year
overfishing status determination criteria) within Draft Amendment 14
are not specifically being sought at this time. However, NOAA Fisheries
would consider new comments if the additional details provided in this
document affect how the public might comment on other issues in Draft
Amendment 14. Previously-submitted comments should not be re-submitted
during this comment period.
The Magnuson-Stevens Act requires the establishment of APs and
requires NMFS to consult with and consider the comments and views of AP
members during the preparation and implementation of FMPs or FMP
amendments. 16 U.S.C. 1854(g)(1)(A)-(B). NMFS meets with the HMS AP
approximately twice each year to consider potential alternatives for
the conservation and management of Atlantic tunas, swordfish, billfish,
and shark fisheries, consistent with the Magnuson-Stevens Act.
For the upcoming HMS AP meeting, we will focus on the supplement to
Draft Amendment 14 and the ABC control rule for Atlantic HMS shark
fisheries. Additional information and a copy of the draft agenda will
be posted prior to the meeting at: <a href="https://www.fisheries.noaa.gov/event/february-2022-hms-advisory-panel-meeting">https://www.fisheries.noaa.gov/event/february-2022-hms-advisory-panel-meeting</a>.
Public Hearings
NMFS will take into consideration public comments on Draft
Amendment 14 and the supplemental document before finalizing the
preferred management options. The preferred management options may be
altered or different management options may be adopted at the final
Amendment stage, although any significant changes would require
additional notice and opportunity for public comment. NMFS anticipates
that Final Amendment 14 and its related documents would be available in
2022.
Comments on supplement to Draft Amendment 14 may be submitted via
<a href="http://www.regulations.gov">www.regulations.gov</a>, and comments may also be submitted at the public
hearing. NMFS solicits comments on this action by March 10, 2022.
During the comment period, NMFS will hold one public hearing via
webinar. Information on the webinar will be posted at: <a href="https://www.fisheries.noaa.gov/action/amendment-14-2006-consolidated-hms-fishery-management-plan-shark-quota-management">https://www.fisheries.noaa.gov/action/amendment-14-2006-consolidated-hms-fishery-management-plan-shark-quota-management</a>. Requests for sign
language interpretation or other auxiliary aids should be directed to
Guy DuBeck at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="9ef9ebe7b0faebfcfbfdf5def0f1ffffb0f9f1e8">[email protected]</a> or 301-427-8503, at least 7 days
prior to the meeting. In addition, NMFS will make a presentation on the
supplement to the HMS AP on February 11, 2022. Information on the HMS
AP meeting will be posted prior to the meeting at: <a href="https://www.fisheries.noaa.gov/event/february-2022-hms-advisory-panel-meeting">https://www.fisheries.noaa.gov/event/february-2022-hms-advisory-panel-meeting</a>.
The public is reminded that NMFS expects participants at public
webinar to conduct themselves appropriately. At the beginning of the
webinar, the moderator will explain how the webinar will be conducted
and how and when participants can provide comments. NMFS
representative(s) will structure the webinars so that all members of
the public will be able to comment, if they so choose, regardless of
the controversial nature of the subject(s). Participants are expected
to respect the ground rules, and those that do not may be asked to
leave the webinar.
(Authority: 16 U.S.C. 971 et seq., and 1801 et seq.)
Dated: January 18, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-01282 Filed 1-21-22; 8:45 am]
BILLING CODE 3510-22-P
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