Rule2024-09956
Pacific Island Fisheries; Standardized Bycatch Reporting Methodologies
Primary source
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Published
May 7, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the approval of Amendments to the five fishery ecosystem plans (FEP) for fisheries in the Pacific Islands Region. The FEPs are amended to update data collection mechanisms identified as standardized bycatch reporting methodologies (SBRM) and to revise descriptions of SBRM for consistency with current NMFS regulations. These Amendments ensure conformance with national guidance for compliance with the SBRM requirement in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Full Text
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<title>Federal Register, Volume 89 Issue 89 (Tuesday, May 7, 2024)</title>
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[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Rules and Regulations]
[Page 37984]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09956]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[RTID 0648-XD180]
Pacific Island Fisheries; Standardized Bycatch Reporting
Methodologies
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 Amendments to the five fishery
ecosystem plans (FEP) for fisheries in the Pacific Islands Region. The
FEPs are amended to update data collection mechanisms identified as
standardized bycatch reporting methodologies (SBRM) and to revise
descriptions of SBRM for consistency with current NMFS regulations.
These Amendments ensure conformance with national guidance for
compliance with the SBRM requirement in the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
DATES: The Amendments were approved on May 2, 2024.
ADDRESSES: Electronic copies of the Amendments may be obtained via the
Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type
NOAA-NMFS-2023-0151 in the Search box (Note: copying and pasting this
Docket Number directly from this document may not yield search
results). Documents can be found on the Council's website at <a href="https://www.wpcouncil.org">https://www.wpcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: Brett Schumacher, Sustainable
Fisheries Division, NMFS Pacific Islands Regional Office, 808-725-5176.
SUPPLEMENTARY INFORMATION:
Background
The Magnuson-Stevens Act requires that each regional fishery
management council submit any fishery management plan (FMP) amendment
it prepares to NMFS for review and approval, disapproval, or partial
approval by the Secretary. 16 U.S.C. 1854(a). In lieu of FMPs, NMFS
manages the fisheries in the Pacific Islands Region exclusive economic
zone under five FEP: the American Samoa Archipelago FEP, the Hawaii
Archipelago FEP, the Mariana Archipelago FEP, the Pacific Remote Island
Areas (PRIA) FEP, and the Pelagic Fisheries of the Western Pacific
Region FEP. The Western Pacific Fishery Management Council (Council)
prepared these FEPs under the authority of the Magnuson-Stevens Act, 16
U.S.C. 1801 et seq.
Regulations governing U.S. fisheries and implementation of the FEPs
appear at 50 CFR parts 600 and 665. Section 303(a)(11) of the Magnuson-
Stevens Act requires that any FEP establish a SBRM to assess the amount
and type of bycatch occurring in the fishery, and include conservation
and management measures that, to the extent practicable, minimize
bycatch and minimize the mortality of bycatch that cannot be avoided.
On January 19, 2017, NMFS published a final rule (82 FR 6317)
establishing national guidance regulations at 50 CFR 600.1600 through
50 CFR 600.1610 for compliance with the Magnuson-Stevens Act SBRM
requirement (SBRM regulations). The SBRM regulations define SBRM as a
consistent procedure or procedures used to collect, record, and report
bycatch data in a fishery managed under a FEP. The SBRM regulations
require the Council to explain how each FEP's SBRM meets the purpose
described in the national guidelines, based on an analysis of four
considerations: (1) characteristics of bycatch in the fishery, (2) the
feasibility of the reporting methodology, (3) the uncertainty of data
resulting from the methodology, and (4) how the data will be used to
assess the amount and type of bycatch occurring in the fishery. The
Council undertook a review of its FEPs to ensure they met these
requirements. That review resulted in the Amendments referenced in this
notice. The Amendments update data collection mechanisms identified as
SBRM as needed, and revise descriptions of SBRM in each FEP for
consistency with the SBRM regulations. The Amendments are
administrative in nature and would not change any fishery data
collection, recording, or reporting methods or requirements, and would
not implement any new regulations.
Further detail describing the Amendments was provided in the Notice
of Availability (NOA) for this action and is not repeated here.
Procedural Aspects of the Amendments
The Council submitted the Amendments to the Secretary for review on
February 1, 2024. On February 9, 2024, NMFS published a NOA for the
Amendments, including background on the rationale for how the
amendments proposed to satisfy the requirements of the SBRM
regulations, and requested public review and comment (89 FR 9111). The
public comment period for the subject Amendments ended on April 9,
2024. Two public comments were received pertaining to the omnibus
amendment and are addressed below.
The Amendments do not add any new reporting requirements and do not
change any regulatory requirements. Therefore, no proposed or final
rule was prepared.
Comments and Responses
NMFS received two comments in support of the omnibus Amendment.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 2, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-09956 Filed 5-6-24; 8:45 am]
BILLING CODE 3510-22-P
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