Rule2024-24869
Amendment 8 Revisions to Essential Fish Habitat in the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species
Primary source
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Published
October 28, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the approval of amendment 8 to the Fishery Management Plan (FMP) for the U.S. West Coast Highly Migratory Species (HMS). This amendment updates essential fish habitat (EFH) provisions in the existing HMS FMP. This amendment promotes 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 208 (Monday, October 28, 2024)</title>
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[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Rules and Regulations]
[Pages 85453-85454]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24869]
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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: Notification of agency decision.
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SUMMARY: NMFS announces the approval of amendment 8 to the Fishery
Management Plan (FMP) for the U.S. West Coast Highly Migratory Species
(HMS). This amendment updates essential fish habitat (EFH) provisions
in the existing HMS FMP. This amendment promotes 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: The amendment was approved on October 21, 2024.
[[Page 85454]]
ADDRESSES: Electronic copies of the amendment may be obtained from
<a href="https://www.regulations.gov">https://www.regulations.gov</a> or the West Coast Region website at <a href="https://www.fisheries.noaa.gov/action/amendment-8-revisions-essential-fish-habitat-fishery-management-plan-us-west-coast-highly">https://www.fisheries.noaa.gov/action/amendment-8-revisions-essential-fish-habitat-fishery-management-plan-us-west-coast-highly</a>. Additional
documents can be found on the Council's website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: Nicole Nasby-Lucas at (858) 334-2826,
<a href="/cdn-cgi/l/email-protection#f39d9a909c9f96dd9d9280918ade9f86909280b39d9c9292dd949c85"><span class="__cf_email__" data-cfemail="4c22252f23202962222d3f2e356120392f2d3f0c22232d2d622b233a">[email protected]</span></a>, or Eric Chavez at (562) 980-4064,
<a href="/cdn-cgi/l/email-protection#1673647f7538757e7760736c567879777738717960"><span class="__cf_email__" data-cfemail="7f1a0d161c511c171e091a053f11101e1e51181009">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
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)).
NMFS manages the HMS fisheries off the U.S. Pacific Coast under the HMS
FMP. The Pacific Fishery Management Council (Council) prepared the FMP
under the authority of the MSA, 16 U.S.C. 1801 et seq. Regulations
governing U.S. fisheries and implementing the FMPs appear at 50 CFR
parts 600 and 660.
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 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). 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 in 2004
and have not been reviewed since that time.
This FMP amendment includes eight major components that (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.
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 Amendment
The Council submitted the amendments to the Secretary for review on
June 28, 2024. On July 24, 2024, NMFS published the NOA for the
amendment and requested public review and comment (87 FR 21603). Public
comments were received pertaining to the HMS FMP amendment and are
addressed below.
The amendment does not add any new reporting requirements and does
not change any regulatory requirements. Therefore, no proposed or final
rule was prepared. This action only adds to or updates HMS EFH
provisions in the HMS FMP.
Comments and Responses
NMFS received seven comments during the comment period on amendment
8 revisions to EFH in the HMS FMP, which ended on September 23, 2024.
Six comments were in support of the amendment, and two of those
encouraged consideration of HAPCs. One of the comments was outside of
the scope of this action.
Comments 1-4: The commenters expressed support for the amendment as
a fishery management tool for the protection of species, including the
creation of new maps, advisories on fishing impact, and recognition of
needs for additional research.
Response: NMFS thanks the commenters for the support of this
amendment. NMFS agrees that the updated maps will help achieve the
overall EFH objectives of supporting a sustainable fishery and the
managed species' contribution to a healthy ecosystem. NMFS agrees that
it is important to identify any potential adverse effects on EFH from
fishing activities, including lost fishing gear and discharge of
processing waste, and whether any additional measures are needed to
address those adverse effects. NMFS also agrees that additional
research is needed to improve our understanding of fish habitats, the
functions they provide, and adverse effects from both fishing and non-
fishing activities.
Comments 5-6: The commenters expressed support for the amendment
and reaffirmed the importance of updating information, identifying
fishing and non-fishing impacts, and considering HAPCs. One commenter
was concerned about the risk of delaying protective measures for
vulnerable areas, such as shark nurseries and migratory corridors.
Response: NMFS thanks the commenters for the support of this
amendment. NMFS agrees that updating species information is important
particularly since newer information is based on current fishery-
independent information that was not available when the original EFH
descriptions were adopted. NMFS agrees that it is important to identify
potential adverse effects on EFH from fishing and non-fishing
activities that may adversely affect HMS EFH along with any appropriate
conservation measures. NMFS also agrees with the importance of HAPCs,
although none were proposed at this time. Available data do not point
to a focused pupping ground for sharks and available electronic tagging
data across species reveals no specific migratory pathway within the
U.S. Exclusive Economic Zone. However, we recommend additional research
to collect more information that could inform consideration of HAPCs in
the future.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 21, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-24869 Filed 10-25-24; 8:45 am]
BILLING CODE 3510-22-P
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