Proposed Rule2023-09663
Atlantic Highly Migratory Species; Amendment 16 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan
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Published
May 8, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the availability of the scoping document for Amendment 16 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) (Amendment 16) and its intent to prepare an EIS under the National Environmental Policy Act (NEPA). Based on the mechanism used in establishing shark quotas and related management measures from Amendment 14 to the 2006 Consolidated HMS FMP (Amendment 14), Amendment 16 would modify the acceptable biological catch (ABC) and annual catch limits (ACLs) for Atlantic sharks and the process used to account for carryover of underharvests of quotas. In the scoping document, NMFS considers changes to commercial and recreational shark management measures related to commercial and recreational quotas, management groups, retention limits, and size limits. NMFS expects to consider the comments received on the scoping document when developing Amendment 16.
Full Text
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<title>Federal Register, Volume 88 Issue 88 (Monday, May 8, 2023)</title>
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[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29617-29620]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09663]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-BM08
Atlantic Highly Migratory Species; Amendment 16 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 intent (NOI) to prepare an environmental impact
statement (EIS); request for comments.
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SUMMARY: NMFS announces the availability of the scoping document for
Amendment 16 to the 2006 Consolidated Atlantic Highly Migratory Species
(HMS) Fishery Management Plan (FMP) (Amendment 16) and its intent to
prepare an EIS under the National Environmental Policy Act (NEPA).
Based on the mechanism used in establishing shark quotas and related
management measures from
[[Page 29618]]
Amendment 14 to the 2006 Consolidated HMS FMP (Amendment 14), Amendment
16 would modify the acceptable biological catch (ABC) and annual catch
limits (ACLs) for Atlantic sharks and the process used to account for
carryover of underharvests of quotas. In the scoping document, NMFS
considers changes to commercial and recreational shark management
measures related to commercial and recreational quotas, management
groups, retention limits, and size limits. NMFS expects to consider the
comments received on the scoping document when developing Amendment 16.
DATES: Written comments must be received by August 18, 2023. Three in-
person scoping meetings and two virtual scoping meetings will be held
from May through August 2023. See SUPPLEMENTARY INFORMATION for all
meeting dates and times.
ADDRESSES: Electronic copies of the final document for Amendment 14 to
the 2006 Consolidated HMS FMP (<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>) and the scoping document for Amendment 16 to the 2006
Consolidated HMS FMP (<a href="https://www.fisheries.noaa.gov/action/scoping-amendment-16-2006-consolidated-atlantic-highly-migratory-species-fishery-management">https://www.fisheries.noaa.gov/action/scoping-amendment-16-2006-consolidated-atlantic-highly-migratory-species-fishery-management</a>) may be obtained on the internet.
You may submit comments on this document, identified by NOAA-NMFS-
2023-0010, via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, enter NOAA-NMFS-2023-0010 into the search box,
click the ``Comment'' 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="https://www.regulations.gov">https://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).
Scoping meetings will be held virtually and in person. See
SUPPLEMENTARY INFORMATION for more information on the locations.
FOR FURTHER INFORMATION CONTACT: Guy DuBeck (<a href="/cdn-cgi/l/email-protection#b4f3c1cd9af0c1f6d1d7dff4dadbd5d59ad3dbc2"><span class="__cf_email__" data-cfemail="feb98b87d0ba8bbc9b9d95be90919f9fd0999188">[email protected]</span></a>),
Karyl Brewster-Geisz (<a href="/cdn-cgi/l/email-protection#c48fa5b6bda8ea86b6a1b3b7b0a1b6e983a1adb7be84aaaba5a5eaa3abb2"><span class="__cf_email__" data-cfemail="abe0cad9d2c785e9d9cedcd8dfced986eccec2d8d1ebc5c4caca85ccc4dd">[email protected]</span></a>), Carrie Soltanoff
(<a href="/cdn-cgi/l/email-protection#43002231312a266d102c2f37222d2c2525032d2c22226d242c35"><span class="__cf_email__" data-cfemail="6f2c0e1d1d060a413c00031b0e010009092f01000e0e41080019">[email protected]</span></a>), or Ann Williamson
(<a href="/cdn-cgi/l/email-protection#19587777374e7075757078746a76775977767878377e766f"><span class="__cf_email__" data-cfemail="dd9cb3b3f38ab4b1b1b4bcb0aeb2b39db3b2bcbcf3bab2ab">[email protected]</span></a>) by email, or by phone at (301) 427-8503 for
information on the scoping document for Amendment 16.
SUPPLEMENTARY INFORMATION:
Background
Atlantic HMS fisheries are managed under the dual authority of 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 HMS FMP and
its amendments are implemented by regulations at 50 CFR part 635.
Under the Magnuson-Stevens Act, conservation and management
measures must prevent overfishing while achieving, on a continuing
basis, the optimum yield from each fishery (16 U.S.C. 1851(a)(1)).
Where a fishery is determined to be in or approaching an overfished
condition, NMFS must adopt conservation and management measures to
prevent or end overfishing and rebuild the fishery (16 U.S.C.
1853(a)(10) and 1854(e)). In addition, NMFS must, among other things,
comply with the Magnuson-Stevens Act's 10 National Standards, including
a requirement to use the best scientific information available as well
as to consider potential impacts on residents of different States,
efficiency, costs, fishing communities, bycatch, and safety at sea (16
U.S.C. 1851(a)(1-10)). Internationally, the International Commission
for the Conservation of Atlantic Tunas (ICCAT) has issued
recommendations for the conservation of shark species caught in
association with ICCAT fisheries, while the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES) has passed
measures that place requirements or restrictions on the trade of some
shark species and shark fins.
In Amendment 14 (88 FR 4157, January 24, 2023), NMFS sets forth a
revised framework for establishing quotas and related management
measures for Atlantic shark fisheries. This amendment incorporated, for
potential use, several optional fishery management tools that were
adopted in the revised guidelines for implementing National Standard 1
(NS1) of the Magnuson-Stevens Act (81 FR 71858, October 18, 2016).
Amendment 14 modified the general procedures that are followed in
establishing the ABC and ACLs, and the process used to account for
carryover or underharvest of quotas. It also allows the option to
phase-in ABC control rules and to adopt multi-year overfishing status
determination criteria (SDC) in certain circumstances.
In addition to Amendment 14, NMFS recently developed the Atlantic
shark fishery review (SHARE) document (88 FR 16944, March 21, 2023).
This document analyzed trends within the commercial and recreational
shark fisheries to identify main areas of success and concerns with
conservation and management measures and to find ways to improve
management of the shark fishery. Overall, the review found that NMFS is
sustainably managing shark stocks; however, the commercial shark
fishery is in decline in terms of use of available quota and the number
of participants. This decline is happening despite fishermen having
available quotas for many species, and, in most regions, an open season
year-round. The review also identified a need in the recreational
fishery to improve angler education so that improved species
identification could improve shark fishery data, thus improving
management overall. The final report can be found here: <a href="https://www.fisheries.noaa.gov/action/atlantic-shark-fishery-review-share">https://www.fisheries.noaa.gov/action/atlantic-shark-fishery-review-share</a>.
Additionally, some recent national and international regulations
are likely to have direct and indirect impacts on the commercial shark
fishery. On December 23, 2022, President Biden signed into law the
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
(NDAA), Public Law 117-263. Section 5946(b) of the NDAA, which is also
known as the Shark Fin Sales Elimination Act, makes it illegal, with
certain exceptions, to possess, buy, sell, or transport shark fins or
any product containing shark fins, with an exemption for smooth or
spiny dogfish fins. The Agency is currently considering a separate rule
to implement the Shark Fin Sales Elimination Act. Internationally, the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES) has passed measures to list all Carcharhinidae
species (requiem sharks) under Appendix II, with a 12-month
implementation delay. This listing means that as of November 2023, all
of the authorized shark species, except for smoothhound sharks, in our
fishery management unit will require CITES permits before any trade can
occur. At this time, the impacts of the Shark Fin Sales Elimination Act
and CITES listing are unknown. However, in the scoping document, we
consider several management options that could
[[Page 29619]]
add flexibility to the fishery in order to be reactive to these
additional factors affecting the Atlantic shark fisheries.
Through the scoping document, NMFS is beginning the process under
the revised framework for establishing quotas and related management
measures for Atlantic shark fisheries, as established in Amendment 14.
Additionally, the scoping document provides examples of how NMFS could
potentially implement the ABC control rule finalized in Amendment 14,
while also considering options on the potential process. These
potential changes also lead NMFS to consider options to potentially
revise commercial shark management groups and quotas, since shark ACLs
would be revised and some of the management groups might not be
suitable. Since external factors (markets, different state and
international regulations, etc.) have impacted participation in the
shark fishery, NMFS is considering options to update the commercial
retention limits to ensure the fishery stays viable in the future. In
the recreational shark fishery, the number of trips targeting or
catching coastal sharks has stayed fairly consistent, while target
effort levels for pelagic sharks have decreased significantly since the
prohibition on shortfin mako sharks. In response to these changes, NMFS
is reviewing the current recreational shark fishery regulations. This
includes considering options for the authorized species list, minimum
size limits, and bag limits. The current list of authorized species for
recreational fishermen has been in place since 2008 when NMFS revised
the list based on the sandbar shark stock assessment. Minimum size
limits and bag limits for sharks are the main accountability measures
NMFS can implement to control or adjust recreational shark harvest
rates during the fishing year.
Given the substantial amount of existing relevant information
(e.g., Amendment 14, SHARE, and various state and international
actions), the scoping document for this FMP amendment outlines some
potential management measures for Atlantic shark fisheries. The list of
management measures should not be considered an exhaustive list. The
management options are intended to facilitate discussion of the merits
of each range of topics under consideration. Interested members of the
public are encouraged to provide specific suggestions and
recommendations on the options or other options that NMFS should
consider.
Request for Comments
NMFS anticipates large overall changes to shark management through
Amendment 16. In the scoping document, NMFS details a wide range of
potential management options based on the framework action in Amendment
14 and the findings from the SHARE document. The scoping document along
with the public hearing presentation is available online at the HMS
website: <a href="https://www.fisheries.noaa.gov/action/scoping-amendment-16-2006-consolidated-atlantic-highly-migratory-species-fishery-management">https://www.fisheries.noaa.gov/action/scoping-amendment-16-2006-consolidated-atlantic-highly-migratory-species-fishery-management</a>.
Three in-person scoping meetings and two virtual scoping meetings will
be held to provide the opportunity for public comment on these
potential management options (Table 1). Any comments received on the
scoping document will be used to assist in the development of options
to be considered in Amendment 16.
Table 1--Dates, Times, and Locations of Upcoming Public Hearings and
Conference Calls
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Street address/
Venue Date/time webinar information
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Conference call/Webinar....... May 25, 2023, 2 https://
p.m. to 4 p.m. www.fisheries.noaa.g
ov/action/scoping-
amendment-16-2006-
consolidated-
atlantic-highly-
migratory-species-
fishery-management.
Public Hearing................ June 13, 2023, 5 Belle Chasse
p.m. to 8 p.m. Auditorium, 8398 LA-
23, Belle Chasse, LA
70037.
Public Hearing................ June 21, 2023, 5 Cocoa Beach Public
p.m. to 8 p.m. Library, 550 North
Brevard Ave., Cocoa
Beach, FL 32931.
Public Hearing................ July 25, 2023, Dare County Library--
5:30 p.m. to Manteo, 700 Highway
8:30 p.m. 64/264, Manteo, NC
27954.
Conference call/Webinar....... August 7, 2023, 2 https://
p.m. to 4 p.m. www.fisheries.noaa.g
ov/action/scoping-
amendment-16-2006-
consolidated-
atlantic-highly-
migratory-species-
fishery-management.
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The public is reminded that NMFS expects participants at in-person
and virtual scoping meetings to conduct themselves appropriately. At
the beginning of each meeting, a representative of NMFS will explain
the ground rules (e.g., all comments are to be directed to the Agency;
attendees will be called to give their comments in the order in which
they registered to speak; each attendee will have an equal amount of
time to speak; and attendees should not interrupt one another). The in-
person meeting locations will be physically accessible to people with
disabilities. Requests for sign language interpretation or other
auxiliary aids should be directed to Guy DuBeck at 301-427-8503, at
least 7 days prior to the meeting. A NMFS representative will attempt
to structure the meeting so that all attending members of the public
will be able to comment if they so choose, regardless of the
controversial nature of the subject matter. If attendees do not respect
the ground rules they will be asked to leave the scoping meeting. For
the virtual scoping meetings, 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.
[[Page 29620]]
In addition to the scoping meetings, NMFS will discuss the topics
of this NOI at the HMS Advisory Panel meeting, May 9-11, 2023. The HMS
Advisory Panel 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/action/scoping-amendment-16-2006-consolidated-atlantic-highly-migratory-species-fishery-management">https://www.fisheries.noaa.gov/action/scoping-amendment-16-2006-consolidated-atlantic-highly-migratory-species-fishery-management</a>. NMFS
has requested to present the scoping document to the five Atlantic
Regional Fishery Management Councils (the New England, Mid-Atlantic,
South Atlantic, Gulf of Mexico, and Caribbean Fishery Management
Councils) and the Atlantic and Gulf States Marine Fisheries Commissions
during the public comment period. Please see the Councils' and
Commissions' meeting notices for times and locations. NMFS anticipates
that a proposed rule and draft environment impact statement (DEIS) will
be available in 2024 and the Final Amendment 16 and its related
documents will be available in 2025.
Dated: May 2, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-09663 Filed 5-5-23; 8:45 am]
BILLING CODE 3510-22-P
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