Proposed Rule2024-16239
Amendment 8 Revisions to Essential Fish Habitat in the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species
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Published
July 24, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Pacific Fishery Management Council (Council) submitted to NMFS Amendment 8 to the Fishery Management Plan (FMP) for the U.S. West Coast Highly Migratory Species (HMS) July 15, 2024. If approved by the Secretary of Commerce (Secretary), these Amendments would update essential fish habitat (EFH) provisions in the existing HMS FMP. This Amendment is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) which requires periodic review and revision of EFH components of FMPs as warranted based on available information.
Full Text
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<title>Federal Register, Volume 89 Issue 142 (Wednesday, July 24, 2024)</title>
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[Federal Register Volume 89, Number 142 (Wednesday, July 24, 2024)]
[Proposed Rules]
[Pages 59888-59889]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16239]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[RTID 0648-XD487]
Amendment 8 Revisions to Essential Fish Habitat in the Fishery
Management Plan for U.S. West Coast Fisheries for Highly Migratory
Species
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of a fishery management plan
amendment; request for comments.
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SUMMARY: The Pacific Fishery Management Council (Council) submitted to
NMFS Amendment 8 to the Fishery Management Plan (FMP) for the U.S. West
Coast Highly Migratory Species (HMS) July 15, 2024. If approved by the
Secretary of Commerce (Secretary), these Amendments would update
essential fish habitat (EFH) provisions in the existing HMS FMP. This
Amendment is intended to promote the goals and objectives of the
Magnuson-Stevens Fishery Conservation and Management Act (MSA) which
requires periodic review and revision of EFH components of FMPs as
warranted based on available information.
DATES: Comments on the Amendments must be received by September 23,
2024.
ADDRESSES: You may submit comments on this document, identified NOAA-
NMFS-2024-0013 by the following methods:
<bullet> Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2024-0013 in the Search box.
Click the ``Comment'' icon, complete the required fields, and enter or
attach your comments.
<bullet> Mail: Submit written comments to Eric Chavez, NMFS West
Coast Region Long Beach Office, 501 W Ocean Blvd., Suite 4200, Long
Beach, CA 90802. Include the identifier ``NOAA-NMFS-2024-0013'' in the
comments.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. 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. 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.) submitted voluntarily by the
sender will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Nicole Nasby-Lucas at (858) 334-2826,
<a href="/cdn-cgi/l/email-protection#7f11161c10131a51111e0c1d0652130a1c1e0c3f11101e1e51181009"><span class="__cf_email__" data-cfemail="1a74737975767f34747b69786337766f797b695a74757b7b347d756c">[email protected]</span></a>, or Eric Chavez at (562) 980-4064,
<a href="/cdn-cgi/l/email-protection#89ecfbe0eaa7eae1e8ffecf3c9e7e6e8e8a7eee6ff"><span class="__cf_email__" data-cfemail="b8ddcad1db96dbd0d9ceddc2f8d6d7d9d996dfd7ce">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the HMS fisheries off the U.S. Pacific Coast under the
HMS FMP. The MSA requires that each regional fishery management council
submit any FMP amendment it prepares to NMFS for review and approval,
disapproval, or partial approval by the Secretary (16 U.S.C. 1854(a)).
The MSA also requires that NMFS, upon receiving an FMP amendment,
immediately publish a notice in the Federal Register announcing that
the amendment is available for public review and comment (16 U.S.C.
1854(a)(1)(B)). The Council has submitted the Amendment to the
Secretary for review. This notice announces that the proposed Amendment
is available for public review and comment.
The MSA mandates that each FMP describe and identify EFH for the
fishery (16 U.S.C. 1853(7)). EFH is defined as ``those waters and
substrate necessary to fish for spawning, breeding, feeding or growth
to maturity'' (16 U.S.C. 1802(10)). Under this authority, NMFS and the
Council have
[[Page 59889]]
developed a comprehensive strategy to conserve EFH. This includes
incorporating EFH into each of the Council's FMPs, identifying fishing
and non-fishing impacts and associated conservation recommendations,
and other required EFH elements. EFH requirements and the process for
periodic EFH reviews are described in the EFH regulations at 50 CFR
600.815(a).
The HMS FMP was approved in 2004 and has been amended seven times.
The HMS FMP includes three species of pelagic shark (common thresher,
shortfin mako, and blue) five species of tunas (albacore, bigeye,
Pacific bluefin, skipjack, and yellowfin), striped marlin, swordfish,
and dolphinfish (dorado) as species in the management unit. EFH
components for each management unit species (MUS) were included in
appendix A to the Final Environmental Impact Statement when NMFS
approved the HMS FMP and have not been reviewed since that time.
The Council's relevant advisory bodies engaged in the EFH review
process and provided recommendations to the Council at their September
2023 Council meeting. The Council considered these recommendations when
adopting a draft FMP Amendment for public review. The Council took
final action at its November 2023 meeting, adopting the proposed
amendment to the HMS FMP.
The proposed amendment would not add any new reporting requirements
and would not change any regulatory requirements. This action would
only add to or update HMS EFH provisions in the HMS FMP.
HMS FMP Amendment 8
Based on recommendations from the Council, NMFS proposes to amend
the HMS FMP to update the EFH provisions to ensure compliance with the
requirements of the MSA. This FMP amendment includes eight major
components that would (1) update the description and identification of
EFH, (2) include new maps for each MUS in the HMS FMP, (3) update
information on life history, (4) update information on fishing impacts,
(5) update information on non-fishing impacts and conservation
measures, (6) update text on habitat areas of particular concern
(HAPCs), (7) update research and information needs and (8) add a
reference to Council's Operating Procedure 22 as a description of the
review and revision process. The revised FMP text and appendix F
include supporting information and rationale for the modifications
adopted by the Council. The supporting information and rationale
relevant to the major EFH components are briefly described below.
Description and Identification of EFH. EFH descriptions including
information on distributions by life stage were updated in appendix F
and the FMP. Proposed modifications to the description and
identification of EFH for HMS species were informed by using current
fishery-independent information that was not available when the
original EFH descriptions were adopted.
Maps. New maps reflecting EFH spatial extent and global
distribution were developed. EFH maps were developed based on species
distribution data acquired from existing species distributions in the
eastern North Pacific from published sources, expert opinion and a
review of fisheries data. For many of the species, the use of fishery-
independent data shifted the EFH boundary closer to shore to encompass
nearshore distribution for all life stages. For the warm-water species
(i.e., skipjack, bigeye, and yellowfin tunas), Point Conception, the
northern edge of the Southern California Bight (SCB), was selected as
the northern EFH boundary. Global range maps were also developed to
provide additional supporting information. Additional information on
the development of the maps can be found in section 1.1, Review of
Methods, in appendix F.
Life History Summaries. Information on life histories summaries are
proposed, based on historic and recent information. The revised HMS FMP
appendix F contains the descriptions of overall species distributions,
life history summaries, trophic interactions, primary prey species,
proposed EFH descriptions, and maps.
Fishing Impacts. Updated text contains information on potential
adverse effects of fishing activities including potential impacts
resulting from removal of prey species, derelict gear/ghost fishing,
and vessel discharges. Details on these potential impacts and
minimization measures are included in chapter 7.4 of the revised FMP
text.
Non-Fishing Impacts and Conservation and Enhancement Measures. In
addition to the list of non-fishing impacts and conservation measures
currently described in the HMS FMP, numerous additional non-fishing
activities that may adversely affect HMS EFH along with their
associated conservation measures were included based on a recent NMFS
publication.
Habitat Areas of Particular Concern (HAPC). The HMS FMP does not
currently include any HAPCs, and none are proposed based on the current
EFH review. Shark pupping and nursery areas within the SCB were
considered for HAPC designation, based primarily on the prevalence of
juveniles in the region. Migratory routes were also considered as
potential HAPCs. However, the review of new information did not
generate information that would allow for more precise mapping of such
habitats or provide a thorough qualitative description of the HAPC
boundaries. There was also insufficient information to describe the
physical, chemical, or biological characteristics of the HAPC in
detail. Therefore, HAPCs were not recommended for adoption. Rather,
additional research is being recommended to collect more information
that could inform consideration of HAPCs in the future. Additional
details and rationale can be found in the revised FMP chapter 7.3.
Research and Information Needs. The Council adopted several
Research and Information (R&I) Needs, which are required to be
identified by the EFH regulations. These include research useful for
identifying HAPCs, and better understanding habitat associations and
the dynamic nature of HMS habitat, migratory corridors and habitat
dependency, including benthic habitats, and potential impacts to EFH
from fishing activities. These R&I Needs are described more fully in
chapter 7.7 of the revised HMS FMP.
Review and Revision Process. The EFH regulations require that FMPs
include a description of the EFH review and revision process. The
Council's Operating Procedure 22 (COP 22; <a href="https://www.pcouncil.org/documents/2023/07/current-operating-procedures.pdf">https://www.pcouncil.org/documents/2023/07/current-operating-procedures.pdf</a>) describes a process
to guide all EFH reviews. This process is referenced in FMP chapter
7.1.
All comments received by the end of the comment period on the
Amendments (see DATES and ADDRESSES above) will be considered in the
Secretary's decision to approve, disapprove, or partially approve this
amendment. To be considered in this decision, comments must be received
by close of business on the last day of the comment period; that does
not mean postmarked or otherwise transmitted by that date.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 18, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-16239 Filed 7-23-24; 8:45 am]
BILLING CODE 3510-22-P
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