Notice2022-07167
Atlantic Highly Migratory Species; Initiation of 5-Year Essential Fish Habitat Review
Primary source
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Published
April 5, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the initiation of a 5-year review of EFH for Atlantic highly migratory species (HMS) under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Consistent with the regulatory provision stating that NMFS should periodically review and revise or amend the EFH provisions as warranted based on available information, the purpose of the 5-year review is to evaluate the EFH provisions of the 2006 Consolidated Atlantic HMS Fishery Management Plan (FMP) and determine whether updates to Atlantic HMS EFH are warranted. The review will be based on the best information or data available regarding Atlantic HMS and their habitats. NMFS requests public submissions of information that was not previously included in recent updates to Atlantic HMS EFH or has become available since publication of Final Amendment 10 to the 2006 Consolidated Atlantic HMS FMP (Amendment 10), which reviewed and updated HMS EFH in 2017.
Full Text
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<title>Federal Register, Volume 87 Issue 65 (Tuesday, April 5, 2022)</title>
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[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Notices]
[Pages 19667-19668]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07167]
[[Page 19667]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB902]
Atlantic Highly Migratory Species; Initiation of 5-Year Essential
Fish Habitat Review
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of initiation of 5-year essential fish habitat (EFH)
review; request for information.
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SUMMARY: NMFS announces the initiation of a 5-year review of EFH for
Atlantic highly migratory species (HMS) under the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act).
Consistent with the regulatory provision stating that NMFS should
periodically review and revise or amend the EFH provisions as warranted
based on available information, the purpose of the 5-year review is to
evaluate the EFH provisions of the 2006 Consolidated Atlantic HMS
Fishery Management Plan (FMP) and determine whether updates to Atlantic
HMS EFH are warranted. The review will be based on the best information
or data available regarding Atlantic HMS and their habitats. NMFS
requests public submissions of information that was not previously
included in recent updates to Atlantic HMS EFH or has become available
since publication of Final Amendment 10 to the 2006 Consolidated
Atlantic HMS FMP (Amendment 10), which reviewed and updated HMS EFH in
2017.
DATES: To allow adequate time to conduct this review, NMFS must receive
your information no later than June 6, 2022.
ADDRESSES: Electronic copies of information related to the Atlantic HMS
EFH 5-Year Review may be obtained on the HMS Management Division
website at: <a href="https://www.fisheries.noaa.gov/action/essential-fish-habitat-5-year-review">https://www.fisheries.noaa.gov/action/essential-fish-habitat-5-year-review</a>.
You may submit information on this document, identified by NOAA-
NMFS-2022-0036, via the Federal e-Rulemaking Portal. Go to
<a href="http://www.regulations.gov">www.regulations.gov</a>, enter ``NOAA-NMFS-2022-0036'' into the search box,
click the ``Comment'' icon, complete the required fields, and enter or
attach your comments.
You may also submit information via email, with the subject
``Atlantic HMS EFH 5-Year Review'' to <a href="/cdn-cgi/l/email-protection#37797a7164196471197f7a6472717f775958565619505841"><span class="__cf_email__" data-cfemail="c08e8d8693ee9386ee888d9385868880aeafa1a1eea7afb6">[email protected]</span></a>.
Instructions: Comments and information 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 and
information received are a part of the public record and may 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 and information (enter ``N/A'' in the required
fields if you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Jennifer Cudney
(<a href="/cdn-cgi/l/email-protection#ed87888383848b889fc38e9889838894ad83828c8cc38a829b"><span class="__cf_email__" data-cfemail="d1bbb4bfbfb8b7b4a3ffb2a4b5bfb4a891bfbeb0b0ffb6bea7">[email protected]</span></a>) or Peter Cooper (<a href="/cdn-cgi/l/email-protection#5121342534237f323e3e213423113f3e30307f363e27"><span class="__cf_email__" data-cfemail="ccbca9b8a9bee2afa3a3bca9be8ca2a3adade2aba3ba">[email protected]</span></a>) by
email, or by phone at (301) 427-8503.
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries (tunas, billfish,
swordfish, and sharks) are managed under the authority of the Atlantic
Tunas Convention Act (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.
Section 303(a)(7) of the Magnuson-Stevens Act requires that FMPs
describe and identify EFH based on the guidelines established by the
Secretary under section 305(b)(1)(A) of the Magnuson-Stevens Act,
minimize to the extent practicable adverse effects on such habitat
caused by fishing, and identify other actions to encourage the
conservation and enhancement of such habitat. NMFS published guidelines
to implement the Magnuson-Stevens Act's EFH provisions in regulations
at 50 CFR part 600, subpart J--Essential Fish Habitat and Subpart K--
EFH Coordination, Consultations, and Recommendations. EFH is defined in
section 3(10) of the Magnuson-Stevens Act as ``those waters and
substrate necessary to fish for spawning, breeding, feeding, or growth
to maturity.'' The FMP regulations (50 CFR 600.815) addressing EFH
state that fishery management councils and NMFS should periodically
review and revise or amend the EFH provisions as warranted based on
available information (Sec. 600.815(a)(10)).
In 2009, NMFS completed a 5-year review of EFH for Atlantic HMS in
Final Amendment 1 to the 2006 Consolidated Atlantic HMS FMP (Amendment
1) (74 FR 28018, June 12, 2009). As a result of the 5-year review, in
Amendment 1, NMFS updated and revised existing identifications and
descriptions of EFH for Atlantic HMS, designated a Habitat Area of
Particular Concern (HAPC) for bluefin tuna in the Gulf of Mexico, and
updated the analysis of fishing and non-fishing impacts to EFH. In
2010, NMFS published a Final Environmental Impact Statement for
Amendment 3 to the 2006 Consolidated Atlantic HMS FMP that designated
EFH for smoothhound sharks using the same methodology in Final
Amendment 1. In 2010, NMFS also published an interpretive rule and
final action (75 FR 57698, September 22, 2010) that added roundscale
spearfish to the definition of terms in the Atlantic HMS regulations to
accurately reflect the latest species determinations and taxonomic
classification nomenclature, and defined EFH for roundscale spearfish.
On July 1, 2015, NMFS published a Notice of Availability regarding the
completion of another 5-year review of EFH for Atlantic HMS and a
Notice of Intent to initiate an amendment to revise Atlantic HMS EFH
descriptions and designations (80 FR 37598). In Final Amendment 10 (82
FR 42329, September 7, 2017), NMFS updated and revised existing
identifications and descriptions of EFH for Atlantic HMS; modified
existing HAPCs for bluefin tuna and sandbar shark; created new HAPCs
for lemon shark and sand tiger shark; and updated the analysis of
fishing and non-fishing impacts to EFH.
Public Solicitation of New Information
To ensure that the 5-year review is complete and based on the best
data available regarding Atlantic HMS and their habitats and that the
best scientific information available is used in the description and
identification of EFH consistent with National Standard 2 of the
Magnuson-Stevens Act, NMFS is soliciting information from the public,
government agencies, tribes, the scientific community, industry,
environmental entities, and any other parties, concerning EFH of
Atlantic HMS. Categories of requested information are based on the 10
EFH components identified in FMP regulations. These include: (1)
Description and identification of EFH; (2) Fishing activities that may
adversely affect EFH; (3) Non-Magnuson-Stevens Act fishing activities
that may adversely affect EFH; (4) Non-fishing related activities that
may adversely affect EFH; (5) Cumulative impacts analysis; (6)
Conservation and enhancement; (7) Prey species; (8) Identification of
HAPCs; (9) Research and information needs; and (10) Review and revision
of EFH components of FMPs (Sec. 600.815(a)(1)-(10)). Any new
information will be
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considered during the 5-year review and in any related follow-up
actions (if warranted) and may also be used in evaluating ongoing
research and management of Atlantic HMS.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 31, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-07167 Filed 4-4-22; 8:45 am]
BILLING CODE 3510-22-P
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