Notice2024-09269
Atlantic Highly Migratory Species; Gear Considerations
Primary source
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Published
May 3, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the availability of a scoping document to consider changes to gear regulations and requirements in fisheries targeting Atlantic highly migratory species (HMS). While management measures implemented since 1999 have helped achieve fishery management and conservation goals, the combination of over two decades of gear- specific measures may have had unanticipated consequences. Changes in species distribution, fishing gears, fishing techniques, market conditions, and fishing interests may warrant a reexamination of some gear-specific management measures to see if they are still meeting applicable goals. NMFS requests comments on the options presented in the scoping document as well as additional ideas that may warrant consideration.
Full Text
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<title>Federal Register, Volume 89 Issue 87 (Friday, May 3, 2024)</title>
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[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Notices]
[Pages 36763-36764]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09269]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RTID 0648-XD861
Atlantic Highly Migratory Species; Gear Considerations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of scoping document; request for
comments.
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SUMMARY: NMFS announces the availability of a scoping document to
consider changes to gear regulations and requirements in fisheries
targeting Atlantic highly migratory species (HMS). While management
measures implemented since 1999 have helped achieve fishery management
and conservation goals, the combination of over two decades of gear-
specific measures may have had unanticipated consequences. Changes in
species distribution, fishing gears, fishing techniques, market
conditions, and fishing interests may warrant a reexamination of some
gear-specific management measures to see if they are still meeting
applicable goals. NMFS requests comments on the options presented in
the scoping document as well as additional ideas that may warrant
consideration.
DATES: Written comments on this notice of availability and the scoping
document must be received on or before July 31, 2024. Three virtual
scoping meetings will be held during the comment period. See
SUPPLEMENTARY INFORMATION for all meeting dates and times.
ADDRESSES: Electronic copies of the scoping document and the public
hearing presentation may also be obtained on the internet at: <a href="https://www.fisheries.noaa.gov/action/public-comment-requested-gear-considerations-atlantic-highly-migratory-species-fisheries">https://www.fisheries.noaa.gov/action/public-comment-requested-gear-considerations-atlantic-highly-migratory-species-fisheries</a>. You may
submit comments on this document, identified by NOAA-NMFS-2024-0050,
via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
enter NOAA-NMFS-2024-0050 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).
FOR FURTHER INFORMATION CONTACT: Guy DuBeck (<a href="/cdn-cgi/l/email-protection#b6f1c3cf98f2c3f4d3d5ddf6d8d9d7d798d1d9c0"><span class="__cf_email__" data-cfemail="2265575b0c665760474149624c4d43430c454d54">[email protected]</span></a>),
Steve Durkee (<a href="/cdn-cgi/l/email-protection#ca99beafbcafe48ebfb8a1afaf8aa4a5ababe4ada5bc"><span class="__cf_email__" data-cfemail="6f3c1b0a190a412b1a1d040a0a2f01000e0e41080019">[email protected]</span></a>), Becky Curtis
(<a href="/cdn-cgi/l/email-protection#b4f6d1d7dfcd9af7c1c6c0ddc7f4dadbd5d59ad3dbc2"><span class="__cf_email__" data-cfemail="054760666e7c2b467077716c76456b6a64642b626a73">[email protected]</span></a>), or Karyl Brewster-Geisz (<a href="/cdn-cgi/l/email-protection#2d664c5f5441036f5f485a5e59485f006a48445e576d43424c4c034a425b"><span class="__cf_email__" data-cfemail="ffb49e8d8693d1bd8d9a888c8b9a8dd2b89a968c85bf91909e9ed1989089">[email protected]</span></a>) by email, or by phone at (301) 427-8503 for information
on the scoping document.
SUPPLEMENTARY INFORMATION:
Background
Atlantic HMS fisheries are managed under the 2006 Consolidated HMS
Fishery Management Plan (FMP) and its amendments, pursuant to the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with the Atlantic
Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS implementing
regulations are 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,
[[Page 36764]]
fishing communities, bycatch, and safety at sea (16 U.S.C. 1851(a)(1-
10)). Under ATCA, the Secretary shall promulgate regulations as may be
necessary and appropriate to carry out binding recommendations adopted
by the International Commission for the Conservation of Atlantic Tunas
(ICCAT).
Since the 1999 Federal FMP for Atlantic Tunas, Swordfish, and
Sharks and amendment 1 to the Atlantic Billfish FMP (64 FR 29090, May
28, 1999), NMFS has implemented a wide range of management measures
specific to fishing gear in order to comply with the Magnuson-Stevens
Act and ATCA. These management measures were designed to, among other
things, prevent or stop overfishing and to minimize bycatch to the
extent practicable. Many of these management measures included
restrictions on fishing gear to reduce impacts on bycatch species,
increase post-release survivability, limit the use of some gears to
reduce lost and derelict gear, and meet other objectives as necessary.
While each of these management measures helped achieve fishery
management and conservation goals, the combination of over two decades
of gear-specific measures may have had unanticipated consequences given
the many changes in species distributions, fishing gears, fishing
techniques, market conditions, and fishing interests that have occurred
over the years. These unanticipated consequences could include limiting
fishing opportunities, which in turn may limit the ability to achieve
optimum yield from the fisheries. Additionally, these unanticipated
consequences may reduce the ability of fishermen to adjust their
fishing techniques to account for a changing environment and changing
species distributions and/or to modify their gear to be more efficient
or less likely to catch non-target species. As such, NMFS announces the
availability of a scoping document and requests comments to consider
whether certain gear-specific management measures are still meeting
applicable goals. NMFS anticipates potential changes to gear
regulations and requirements in fisheries targeting Atlantic HMS
through a future rulemaking.
Scoping Document
In the scoping document, NMFS details a wide range of potential
management options based on comments and suggestions from constituents,
including members of the HMS Advisory Panel. See ADDRESSES section for
information to access the scoping document and the public hearing
presentation. NMFS is considering options to facilitate targeting of
swordfish deeper in the water column; authorize additional species for
certain gears along with gears under additional permit types; and
address gear regulation inconsistencies across HMS and non-HMS
fisheries.
The management measures presented in the scoping document 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.
Request for Comments
NMFS invites public comment on the options presented in the scoping
document as well as additional ideas that could provide increased
flexibility and still meet applicable fishery management and
conservation goals. Three virtual scoping meetings will be held during
the comment period (table 1). Any comments received on the scoping
document will be used to assist in the development of options to be
considered in a future rulemaking.
Table 1--Dates, Times, and Information for Virtual Scoping Meeting
Conference Calls/Webinars
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Conference call/
Meeting type Date, time webinar information
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Conference calls/Webinars..... May 29, 2024, 5 https://
p.m.-7 p.m. ET. www.fisheries.noaa.g
June 28, 2024, 10 ov/action/public-
a.m.-12:00 p.m. comment-requested-
ET.. gear-considerations-
July 17, 2024, 1 atlantic-highly-
p.m.-3 p.m. ET.. migratory-species-
fisheries.
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The public is reminded that NMFS expects participants at 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). 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.
In addition to the scoping meetings, NMFS will discuss the topics
in the scoping document at the May 2024 HMS Advisory Panel meeting. 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/public-comment-requested-gear-considerations-atlantic-highly-migratory-species-fisheries">https://www.fisheries.noaa.gov/action/public-comment-requested-gear-considerations-atlantic-highly-migratory-species-fisheries</a>. NMFS
has requested to present the scoping document to four Atlantic Regional
Fishery Management Councils (the New England, Mid-Atlantic, South
Atlantic, and Gulf of Mexico Fishery Management Councils) that are
meeting during the public comment period. Please see the Councils' and
Commissions' meeting notices for times and locations.
Dated: April 24, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-09269 Filed 5-2-24; 8:45 am]
BILLING CODE 3510-22-P
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