Notice2023-01225
Atlantic Highly Migratory Species; Amendment 14 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan
Primary source
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Published
January 24, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the approval of Amendment 14 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP). Amendment 14 revises the mechanism or "framework" used in establishing quotas and related management measures for Atlantic shark fisheries. The revised framework will 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. It will also allow the option to phase-in ABC control rules and to adopt multi-year overfishing status determination criteria in some circumstances. Amendment 14 does not make changes to the current quotas or other management measures. Any operational changes to fishery management measures as a result of Amendment 14 would be considered in future rulemakings, as appropriate.
Full Text
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<title>Federal Register, Volume 88 Issue 15 (Tuesday, January 24, 2023)</title>
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[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Pages 4157-4158]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01225]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-BI59
Atlantic Highly Migratory Species; Amendment 14 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 agency decision.
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SUMMARY: NMFS announces the approval of Amendment 14 to the 2006
Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management
Plan (FMP). Amendment 14 revises the mechanism or ``framework'' used in
establishing quotas and related management measures for Atlantic shark
fisheries. The revised framework will 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. It will also allow the option to
phase-in ABC control rules and to adopt multi-year overfishing status
determination criteria in some circumstances. Amendment 14 does not
make changes to the current quotas or other management measures. Any
operational changes to fishery management measures as a result of
Amendment 14 would be considered in future rulemakings, as appropriate.
DATES: Amendment 14 was approved on January 18, 2023.
ADDRESSES: Electronic copies of 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>.
FOR FURTHER INFORMATION CONTACT: Guy DuBeck (<a href="/cdn-cgi/l/email-protection#c780b2bee983b285a2a4ac87a9a8a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="2f685a56016b5a6d4a4c446f41404e4e01484059">[email protected]</span></a>),
Karyl Brewster-Geisz (<a href="/cdn-cgi/l/email-protection#4d062c3f3421630f3f283a3e39283f600a28243e370d23222c2c632a223b"><span class="__cf_email__" data-cfemail="de95bfaca7b2f09cacbba9adaabbacf399bbb7ada49eb0b1bfbff0b9b1a8">[email protected]</span></a>), or Ann Williamson
(<a href="/cdn-cgi/l/email-protection#3e7f50501069575252575f534d51507e50515f5f10595148"><span class="__cf_email__" data-cfemail="b1f0dfdf9fe6d8ddddd8d0dcc2dedff1dfded0d09fd6dec7">[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
Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.). The 2006 Consolidated Atlantic HMS FMP (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 measure 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 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 revised NS1 guidelines have
provided NMFS the opportunity to increase management flexibility to
ensure scientific uncertainty and variability in shark harvests are
accurately accounted for.
Amendment 14 modifies the mechanism or ``framework'' used to
establish ABC and ACLs for Atlantic shark stocks and management
complexes. The new framework incorporates several of the management
options in the 2016 revised NS1 guidelines that allow for more
flexibility to respond to current conditions in Atlantic shark
fisheries. Specifically, Amendment 14 will establish the management
measures described below.
ABC Control Rule: Implement a general approach to the development
of ABC control rules for Atlantic shark stocks and management
complexes. The tiered ABC control rule will categorize stocks or
management complexes into appropriate tiers, taking into account the
stock status of the species, data availability, and data uncertainty in
the development of the ABCs. Because of the technical complexity in
determining the appropriate level of scientific uncertainty for all
stocks across all the different methodologies used in past shark stock
assessments, NOAA Fisheries may phase-in the ABC control rule changes
for some shark stocks over time.
Phase-In ABC Control Rule: Phase-in ABC control rules to allow NMFS
to phase in changes in the ABC over up to a three-year period, as long
as overfishing is prevented. A phase-in ABC control rule allows for
greater flexibility in setting the ABC following a stock assessment.
ACL Development: Actively manage all sector ACLs (commercial and
recreational) and establish an ACL for each Atlantic shark management
group (i.e., a group of shark species that are combined for quota
management purposes), without commercial ACL species linkage
considerations. This will help ensure the ACL remains below the ABC and
improve accountability and monitoring across all sectors.
Carry-Over of Underharvested ACL: Change the carry-over provisions
to allow carry-over of unused quota to the next year, only for
underharvest of commercial quotas (landings only) under certain
conditions (i.e., the stock is not overfished and not experiencing
overfishing), as long as the overall ACL remains below the ABC. Carry-
over allows for fuller utilization of available commercial ACLs,
helping to achieve optimum yield.
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Multi-Year Overfishing Status Determination Criteria: Apply multi-
year overfishing status determination criteria to determine if a stock
is undergoing overfishing. When an assessment is conducted, NMFS would
use a completed stock assessment to determine overfishing status, and
outside of an assessment year, NMFS may compare a three-year rolling
average of catch to the overfishing limit to determine the overfishing
status.
NMFS published a Notice of Availability for draft Amendment 14 on
September 24, 2020 (85 FR 60132). The comment period closed on December
31, 2020, and NMFS received 10 written comments. NMFS presented
information on draft Amendment 14 at three public webinars and the HMS
Advisory Panel meeting in December 2020. Additional oral comments were
collected at the Gulf of Mexico and South Atlantic Fishery Management
Council meetings in November and December 2020, respectively.
In response to commenters' requests for more information, NMFS
published a supplement to draft Amendment 14 on January 24, 2022 (87 FR
3504). The comment period closed on March 10, 2022, and details were
presented at one public webinar and at the HMS Advisory Panel meeting
in February 2022. Eight written comments were received during the
public comment period.
All of the comments received on draft Amendment 14 to the 2006
Consolidated HMS FMP and the supplemental document and responses to
those comments can be found in final Amendment 14 to the 2006
Consolidated HMS FMP, 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>.
NMFS has determined that Amendment 14 is consistent with the 2006
Consolidated HMS FMP, the Magnuson-Stevens Act, and other applicable
law. Amendment 14 establishes the general framework through which
specific management measures would later be developed and adopted,
therefore there are no implementing regulations associated with this
amendment. Any changes to the management and quotas of HMS-managed
Atlantic sharks would be considered in future rulemakings.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: January 18, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-01225 Filed 1-23-23; 8:45 am]
BILLING CODE 3510-22-P
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