Fisheries of the United States; National Standard 1 Guidelines, 26238-26240 [2012-10683]
Download as PDF
<![CDATA[
wreier-aviles on DSK7SPTVN1PROD with PROPOSALS
26238
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Proposed Rules
time the list is submitted. The list shall also
contain anniversary dates of employment of
each service employee under this contract
and its predecessor contracts with either the
current or predecessor contractors or their
subcontractors. Where changes to the
workforce are made after the submission of
the certified list described in this paragraph,
the Contractor shall, in accordance with
paragraph (d) of this clause, not less than 10
days before completion of the services on a
contract, furnish the Contracting Officer with
an updated certified list of the names of all
service employees employed within the last
month of contract performance. The updated
list shall also contain anniversary dates of
employment, and, where applicable, dates of
separation of each service employee under
the contract and its predecessor contracts
with either the current or predecessor
Contractors or their subcontractors. Only
Contractors experiencing a change in their
workforce between the 30- and 10-day
periods will have to submit a list in
accordance with paragraph (d) of this clause.
(2) The Contracting Officer will provide the
list to the successor Contractor, and the list
shall be provided on request to employees or
their representatives.
(3) The Contracting Officer will direct the
predecessor Contractor to provide written
notice (Appendix B to 29 CFR chapter 9) to
service employees of their possible right to
an offer of employment with the successor
Contractor. Where a significant portion of the
predecessor Contractor’s workforce is not
fluent in English, the notice shall be
provided in English and language(s) with
which employees are more familiar. The
written notice shall be—
(i) Posted in a conspicuous place at the
worksite; or
(ii) Delivered to the employees
individually. If such delivery is via email, the
notification must result in an electronic
delivery receipt or some other reliable
confirmation that the intended recipient
received the notice.
(d)(1) If required in accordance with
52.222–41(n), the Contractor shall, not less
than 10 days before completion of this
contract, furnish the Contracting Officer a
certified list of the names of all service
employees working under this contract and
its subcontracts during the last month of
contract performance. The list shall also
contain anniversary dates of employment of
each service employee under this contract
and its predecessor contracts either with the
current or predecessor Contractors or their
subcontractors. If there are no changes to the
workforce before the predecessor contract is
completed, then the predecessor Contractor
is not required to submit a revised list 10
days prior to completion of performance and
the requirements of 52.222–41(n) are met.
When there are changes to the workforce
after submission of the 30-day list, the
predecessor Contractor shall submit a revised
certified list not less than 10 days prior to
performance completion.
(2) The Contracting Officer will provide the
list to the successor Contractor, and the list
shall be provided on request to employees or
their authorized representatives.
(e) The Contractor and subcontractor shall
maintain the following records (regardless of
VerDate Mar<15>2010
15:19 May 02, 2012
Jkt 226001
format, e.g., paper or electronic) of its
compliance with this clause for not less than
a period of three years from the date the
records were created.
(1) Copies of any written offers of
employment or a contemporaneous written
record of any oral offers of employment,
including the date, location, and attendance
roster of any employee meeting(s) at which
the offers were extended, a summary of each
meeting, a copy of any written notice that
may have been distributed, and the names of
the employees from the predecessor contract
to whom an offer was made.
(2) A copy of any record that forms the
basis for any exemption claimed under this
part.
(3) A copy of the employee list provided
to or received from the contracting agency.
(4) An entry on the pay records of the
amount of any retroactive payment of wages
or compensation under the supervision of the
Administrator of the Wage and Hour Division
to each employee, the period covered by such
payment, and the date of payment, and a
copy of any receipt form provided by or
authorized by the Wage and Hour Division.
The Contractor shall also deliver a copy of
the receipt to the employee and file the
original, as evidence of payment by the
Contractor and receipt by the employee, with
the Administrator or an authorized
representative within 10 days after payment
is made.
(f) Disputes concerning the requirements of
this clause shall not be subject to the general
disputes clause (52.233–1) of this contract.
Such disputes shall be resolved in
accordance with the procedures of the
Department of Labor set forth in 29 CFR part
9. Disputes within the meaning of this clause
include disputes between or among any of
the following: The Contractor, the contracting
agency, the U.S. Department of Labor, and
the employees under the contract or its
predecessor contract. The Contracting Officer
will refer any employee who wishes to file
a complaint, or ask questions concerning this
contract clause, to the Branch of Government
Contracts Enforcement, Wage and Hour
Division, U.S. Department of Labor,
Washington, DC 20210. Contact email:
displaced@dol.gov.
(g) The Contractor shall cooperate in any
review or investigation by the Department of
Labor into possible violations of the
provisions of this clause and shall make such
records requested by such official(s) available
for inspection, copying, or transcription upon
request.
(h) If it is determined, pursuant to
regulations issued by the Secretary of Labor
(Secretary), that the Contractor or its
subcontractors are not in compliance with
the requirements of this clause or any
regulation or order of the Secretary,
appropriate sanctions may be imposed and
remedies invoked against the Contractor or
its subcontractors, as provided in Executive
Order 13495, the regulations, and relevant
orders of the Secretary, or as otherwise
provided by law.
(i) The Contractor shall take such action
with respect to any such subcontract as may
be directed by the Secretary as a means of
enforcing such provisions, including the
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
imposition of sanctions for noncompliance.
However, if the Contractor, as a result of such
direction, becomes involved in litigation
with a subcontractor, or is threatened with
such involvement, the Contractor may
request that the United States, through the
Secretary of Labor, enter into such litigation
to protect the interests of the United States.
(j) The Contracting Officer will withhold,
or cause to be withheld, from the prime
Contractor under this or any other
Government contract with the same prime
Contractor, such sums as an authorized
official of the Department of Labor requests,
upon a determination by the Administrator,
the Administrative Law Judge, or the
Administrative Review Board, that there has
been a failure to comply with the terms of
this clause and that wages lost as a result of
the violations are due to employees or that
other monetary relief is appropriate. If the
Contracting Officer or the Administrator,
upon final order of the Secretary, finds that
the Contractor has failed to provide a list of
the names of employees working under the
contract, the Contracting Officer may, in his
or her discretion, or upon request by the
Administrator, take such action as may be
necessary to cause the suspension of the
payment of contract funds until such time as
the list is provided to the Contracting Officer.
(k) Subcontracts. In every subcontract over
the simplified acquisition threshold entered
into in order to perform services under this
contract, the Contractor shall include a
provision that ensures—
(1) That each subcontractor will honor the
requirements of paragraphs (a) through (b) of
this clause with respect to the employees of
a predecessor subcontractor or subcontractors
working under this contract, as well as of a
predecessor Contractor and its
subcontractors;
(2) That the subcontractor will provide the
Contractor with the information about the
employees of the subcontractor needed by
the Contractor to comply with paragraphs (c)
and (d) of this clause; and
(3) The recordkeeping requirements of
paragraph (e) of this clause.
(End of clause)
[FR Doc. 2012–10708 Filed 5–2–12; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 600
[Docket No. 120425420–2420–01]
RIN 0648–BB92
Fisheries of the United States; National
Standard 1 Guidelines
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking; request for comments;
AGENCY:
E:\FR\FM\03MYP1.SGM
03MYP1
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Proposed Rules
consideration of revision to National
Standard 1 Guidelines.
NMFS issues this advance
notice of proposed rulemaking (ANPR)
to provide background information and
request public comment on potential
adjustments to the National Standard 1
Guidelines, one of 10 national standards
for fishery conservation and
management contained in Section 301
of the Magnuson Stevens Fishery
Conservation and Management Act.
Since the guidelines were last updated
in 2009, a number of issues regarding
the application of the guidelines were
identified by stakeholders and managers
that may warrant their revision. This
action provides the public with a formal
opportunity to comment on the specific
ideas mentioned in this ANPR, as well
as any additional ideas and solutions
that could improve provisions of the
National Standard 1 Guidelines.
DATES: Written comments regarding the
issues in this ANPR must be received by
5 p.m., local time, on August 1, 2012.
ADDRESSES: You may submit comments
on this document, identified by
‘‘NOAA–NMFS–2012–0059’’, by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal:
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter ‘‘NOAA–NMFS–2012–0059’’
in the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on the right
of that line.
• Fax: 301–713–1193, Attn: Wesley
Patrick.
• Mail: Wesley Patrick; National
Marine Fisheries Service, NOAA; 1315
East-West Highway, Room 13436; Silver
Spring, MD 20910.
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 another address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
part of the public record and will
generally be posted for public viewing
on www.regulations.gov 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
wreier-aviles on DSK7SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
15:19 May 02, 2012
Jkt 226001
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Wesley Patrick, Fisheries Policy
Analyst, National Marine Fisheries
Service, 301–427–8566.
SUPPLEMENTARY INFORMATION:
Background
Section 301(a) of the MagnusonStevens Fishery Conservation and
Management Act (MSA) contains 10
national standards for fishery
conservation and management. Any
fishery management plans (FMP)
prepared under the MSA, and any
regulation promulgated pursuant to the
MSA to implement any such plan, must
be consistent with these national
standards. National Standard 1 (NS1) of
the MSA states that conservation and
management measures shall prevent
overfishing while achieving, on a
continuing basis, the optimum yield
(OY) from each fishery for the U.S.
fishing industry.
Section 301(b) of the MSA requires
that the Secretary establish advisory
guidelines (which shall not have the
force and effect of law), based on the
national standards to assist in the
development of fishery management
plans. Guidelines for NS1 are codified
in 50 CFR 600.310. NMFS revised the
NS1 Guidelines on January 16, 2009 (74
FR 3178) to reflect the requirements
enacted by the Magnuson-Stevens
Fishery Conservation and Management
Reauthorization Act of 2006 for annual
catch limits (ACLs) and accountability
measures (AMs) to end and prevent
overfishing.
From 2007 to 2012, the 46 Federal
FMPs have been amended to implement
ACLs and AMs to end and prevent
overfishing. In the course of this work,
a number of issues regarding the
application of the NS1 Guidelines were
identified that may warrant their
revision. NMFS seeks public comments
on these and any other issues related to
NS1:
1. Stocks in a fishery. The MSA
requires that Councils develop FMPs for
fisheries that require ‘‘conservation and
management’’ (MSA 302(h)(1)). The
MSA provides the Councils with wide
latitude in defining the scope of an
FMP. Some FMPs include a relatively
small number of species, focusing on
the primary target species of the fishery.
In other FMPs, a much broader range of
species are included. The NS1
Guidelines establish and define
Ecosystem Component (EC) species and
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
26239
provide that EC species may be
included in the FMP but are not
considered stocks in the fishery and
thus are not required to have biological
reference points or ACLs. There has
been considerable discussion about the
criteria for classifying EC species and
the utility of the EC species concept.
Thus, revision of the guidance may be
warranted to further describe criteria for
classifying stocks in a fishery and EC
species.
2. Overfishing and multi-year
impacts. The current NS1 Guidelines
provide that overfishing must be
determined either by comparing catch to
the overfishing limit (OFL) or by
comparing fishing mortality to the
maximum fishing mortality threshold
(§ 600.310 (e)(2)(ii)(A)). Overfishing
determinations are made for the most
recent year for which there is
information. Stakeholders have
expressed interest in exploring
alternative definitions of overfishing
that would take a longer, multi-year
view of the impact of fishing on the
stock’s ability to produce maximum
sustainable yield (MSY).
3. Annual catch limits and optimum
yield. In some fisheries, implementation
of the guidance on acceptable biological
catch (ABC) control rules, ACLs, and
AMs has resulted in real or perceived
reductions in catch. Questions have
been raised about the relationship
between ACLs and the objective of
achieving the OY for a fishery. The MSA
defines OY as being reduced from MSY
to account for relevant economic, social,
or ecological factors, and states that OY
in an overfished fishery must provide
for rebuilding the fishery (MSA 3(33)).
There is interest from stakeholders in
improving guidance to better address
economic, social, and ecological
considerations in the establishment of
OY and to more clearly describe the
relationship between ACL and OY.
4. Mixed-stock fisheries and optimum
yield. Management of mixed-stock
fisheries is challenging, because some
stocks are relatively more abundant or
are more or less susceptible to
overfishing than others. The MSA
requires that overfishing be prevented,
and that the OY for a fishery provide for
rebuilding overfished stocks.
Nonetheless, some stakeholders believe
that ACL and rebuilding requirements
prevent them from achieving OY of
healthy stocks. Further guidance on
how OY should be specified to balance
the multiple considerations in mixedstock fisheries may be warranted.
5. Scientific uncertainty and
management uncertainty. The NS1
Guidelines identify two types of
uncertainty that should be addressed
E:\FR\FM\03MYP1.SGM
03MYP1
26240
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Proposed Rules
wreier-aviles on DSK7SPTVN1PROD with PROPOSALS
when setting catch limits and
accountability measures: Scientific
uncertainty and management
uncertainty (§ 600.310 (f)). Scientific
uncertainty is related to the uncertainty
of calculating the true OFL, and is
addressed by a Council’s Scientific and
Statistical Committee (SSC) by setting
ABC below the OFL. Management
uncertainty is the uncertainty of
controlling catch so that it does not
exceed the ACL, and is addressed when
setting AMs and in setting an annual
catch target below the ACL. Some
stakeholders believe that consideration
of both scientific and management
uncertainty causes ACLs to be overly
precautionary. Further clarification on
the consideration of scientific and
management uncertainty may be
warranted.
6. Data poor stocks. Stocks without
sufficient data to conduct a formal
scientific stock assessment are
considered to be data poor stocks.
Establishing appropriate ACLs for data
poor stocks can be challenging. The
experience of the Councils and their
SSCs in implementing ABCs and ACLs
for data poor stocks may provide
valuable information on which to base
improvements in the NS1 Guidelines for
data poor stocks.
7. Acceptable biological catch control
rules. The NS1 Guidelines require a
Council to establish an ABC control rule
for each stock and stock complex, based
on scientific advice from its SSC
(§ 600.310 (f)). ABC control rules are a
specified approach to setting the ABC
that addresses scientific uncertainty,
and incorporate a policy decision on the
acceptable level of risk that overfishing
might occur. A variety of ABC control
rules have been implemented and a
review of those control rules could lead
to improvements in the NS1 Guidelines.
In addition, for some fisheries there is
interest in implementing provisions that
carry over unharvested allocations from
one year to the next. Guidance may be
needed on how to consider carry-over
within ABC control rules.
8. Catch accounting. Questions have
been raised by managers about the types
VerDate Mar<15>2010
15:19 May 02, 2012
Jkt 226001
of ‘‘catch’’ that must be considered
within the ABC and ACL, particularly in
regard to catch resulting from exempted
fishing permits and scientific research
activities. The definition of catch in the
NS1 Guidelines includes fish taken in
commercial, recreational, subsistence,
tribal, and other fisheries. Catch
includes fish that are retained for any
purpose, as well as mortality of fish that
are discarded. In the final rule response
to comment number 35 (74 FR 3718;
January 16, 2009), NMFS stated that this
definition would include allocations for
scientific research and mortality from
any other fishing activity. Additional
guidance may be needed to clarify how
to account for all sources of mortality
(e.g., bycatch, scientific research catch,
etc.) when establishing ABCs and ACLs.
9. Accountability measures. AMs are
management controls to prevent ACLs
from being exceeded, and to correct or
mitigate overages of the ACL if they
occur. AMs must be tailored to the
specific needs of a fishery, and are key
to the success of ACL systems in ending
and preventing overfishing. NMFS
invites comments on the guidance for
AMs.
10. ACL exceptions. Under the MSA,
stocks that have a life cycle of
approximately 1 year and stocks subject
to international agreements are not
required to have ACLs. The NS1
Guidelines describe that the life cycle
exception applies to ‘‘a stock for which
the average length of time it takes for an
individual to produce a reproductively
active offspring is approximately 1 year
and that the individual has only one
breeding season in its lifetime’’
(§ 600.310 (h)(2)(i)). The NS1 Guidelines
also describe that the international
agreement exception applies to stocks
that are subject to ‘‘any bilateral or
multilateral treaty, convention, or
agreement which relates to fishing and
to which the United States is party’’
(§ 600.310 (h)(2)(ii)). NMFS invites
comments on the guidance pertaining to
these exceptions from the ACL
requirements.
11. Rebuilding progress and revising
rebuilding plans. The current NS1
PO 00000
Frm 00028
Fmt 4702
Sfmt 9990
Guidelines address how NMFS should
respond if a stock reaches the end of its
rebuilding plan and is not fully rebuilt,
or its rebuilding status is unknown.
However, the guidelines do not address
the situation that occurs during the
course of a rebuilding plan when
rebuilding progress is determined to be
inadequate. Inadequate progress can
result from a number of factors,
including:
a. Management measures that do not
adequately control the fishery.
b. Environmental factors that limit
stock growth.
c. Significant changes in the
rebuilding target (Bmsy) resulting from
a new stock assessment. NMFS intends
to improve guidance on evaluating the
progress of stocks in rebuilding plans
and on revising the rebuilding plans in
these situations.
Public Comments
To help determine the scope of issues
to be addressed and to identify
significant issues related to this action,
NMFS is soliciting written comments on
this ANPR. The public is encouraged to
submit comments related to the specific
ideas mentioned in this ANPR, as well
as any additional ideas and solutions
that could improve provisions of the
NS1 Guidelines. In addition to
considering revisions to the NS1
Guidelines, NMFS will consider
whether it may be more appropriate to
address some topics in technical
guidance reports or policy directives
than to change the guidelines codified at
50 CFR 600.310. NMFS welcomes
comment on the appropriateness and
utility of additional technical guidance
reports and policy directives.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 27, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2012–10683 Filed 4–30–12; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\03MYP1.SGM
03MYP1
]]>Agencies
[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Proposed Rules]
[Pages 26238-26240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10683]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 120425420-2420-01]
RIN 0648-BB92
Fisheries of the United States; National Standard 1 Guidelines
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; request for comments;
[[Page 26239]]
consideration of revision to National Standard 1 Guidelines.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this advance notice of proposed rulemaking (ANPR)
to provide background information and request public comment on
potential adjustments to the National Standard 1 Guidelines, one of 10
national standards for fishery conservation and management contained in
Section 301 of the Magnuson Stevens Fishery Conservation and Management
Act. Since the guidelines were last updated in 2009, a number of issues
regarding the application of the guidelines were identified by
stakeholders and managers that may warrant their revision. This action
provides the public with a formal opportunity to comment on the
specific ideas mentioned in this ANPR, as well as any additional ideas
and solutions that could improve provisions of the National Standard 1
Guidelines.
DATES: Written comments regarding the issues in this ANPR must be
received by 5 p.m., local time, on August 1, 2012.
ADDRESSES: You may submit comments on this document, identified by
``NOAA-NMFS-2012-0059'', by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon, then enter ``NOAA-NMFS-2012-0059'' in the keyword
search. Locate the document you wish to comment on from the resulting
list and click on the ``Submit a Comment'' icon on the right of that
line.
Fax: 301-713-1193, Attn: Wesley Patrick.
Mail: Wesley Patrick; National Marine Fisheries Service,
NOAA; 1315 East-West Highway, Room 13436; Silver Spring, MD 20910.
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 another
address or individual, or received after the end of the comment period,
may not be considered. All comments received are part of the public
record and will generally be posted for public viewing on
www.regulations.gov 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). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.
FOR FURTHER INFORMATION CONTACT: Wesley Patrick, Fisheries Policy
Analyst, National Marine Fisheries Service, 301-427-8566.
SUPPLEMENTARY INFORMATION:
Background
Section 301(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (MSA) contains 10 national standards for fishery
conservation and management. Any fishery management plans (FMP)
prepared under the MSA, and any regulation promulgated pursuant to the
MSA to implement any such plan, must be consistent with these national
standards. National Standard 1 (NS1) of the MSA states that
conservation and management measures shall prevent overfishing while
achieving, on a continuing basis, the optimum yield (OY) from each
fishery for the U.S. fishing industry.
Section 301(b) of the MSA requires that the Secretary establish
advisory guidelines (which shall not have the force and effect of law),
based on the national standards to assist in the development of fishery
management plans. Guidelines for NS1 are codified in 50 CFR 600.310.
NMFS revised the NS1 Guidelines on January 16, 2009 (74 FR 3178) to
reflect the requirements enacted by the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006 for annual
catch limits (ACLs) and accountability measures (AMs) to end and
prevent overfishing.
From 2007 to 2012, the 46 Federal FMPs have been amended to
implement ACLs and AMs to end and prevent overfishing. In the course of
this work, a number of issues regarding the application of the NS1
Guidelines were identified that may warrant their revision. NMFS seeks
public comments on these and any other issues related to NS1:
1. Stocks in a fishery. The MSA requires that Councils develop FMPs
for fisheries that require ``conservation and management'' (MSA
302(h)(1)). The MSA provides the Councils with wide latitude in
defining the scope of an FMP. Some FMPs include a relatively small
number of species, focusing on the primary target species of the
fishery. In other FMPs, a much broader range of species are included.
The NS1 Guidelines establish and define Ecosystem Component (EC)
species and provide that EC species may be included in the FMP but are
not considered stocks in the fishery and thus are not required to have
biological reference points or ACLs. There has been considerable
discussion about the criteria for classifying EC species and the
utility of the EC species concept. Thus, revision of the guidance may
be warranted to further describe criteria for classifying stocks in a
fishery and EC species.
2. Overfishing and multi-year impacts. The current NS1 Guidelines
provide that overfishing must be determined either by comparing catch
to the overfishing limit (OFL) or by comparing fishing mortality to the
maximum fishing mortality threshold (Sec. 600.310 (e)(2)(ii)(A)).
Overfishing determinations are made for the most recent year for which
there is information. Stakeholders have expressed interest in exploring
alternative definitions of overfishing that would take a longer, multi-
year view of the impact of fishing on the stock's ability to produce
maximum sustainable yield (MSY).
3. Annual catch limits and optimum yield. In some fisheries,
implementation of the guidance on acceptable biological catch (ABC)
control rules, ACLs, and AMs has resulted in real or perceived
reductions in catch. Questions have been raised about the relationship
between ACLs and the objective of achieving the OY for a fishery. The
MSA defines OY as being reduced from MSY to account for relevant
economic, social, or ecological factors, and states that OY in an
overfished fishery must provide for rebuilding the fishery (MSA 3(33)).
There is interest from stakeholders in improving guidance to better
address economic, social, and ecological considerations in the
establishment of OY and to more clearly describe the relationship
between ACL and OY.
4. Mixed-stock fisheries and optimum yield. Management of mixed-
stock fisheries is challenging, because some stocks are relatively more
abundant or are more or less susceptible to overfishing than others.
The MSA requires that overfishing be prevented, and that the OY for a
fishery provide for rebuilding overfished stocks. Nonetheless, some
stakeholders believe that ACL and rebuilding requirements prevent them
from achieving OY of healthy stocks. Further guidance on how OY should
be specified to balance the multiple considerations in mixed-stock
fisheries may be warranted.
5. Scientific uncertainty and management uncertainty. The NS1
Guidelines identify two types of uncertainty that should be addressed
[[Page 26240]]
when setting catch limits and accountability measures: Scientific
uncertainty and management uncertainty (Sec. 600.310 (f)). Scientific
uncertainty is related to the uncertainty of calculating the true OFL,
and is addressed by a Council's Scientific and Statistical Committee
(SSC) by setting ABC below the OFL. Management uncertainty is the
uncertainty of controlling catch so that it does not exceed the ACL,
and is addressed when setting AMs and in setting an annual catch target
below the ACL. Some stakeholders believe that consideration of both
scientific and management uncertainty causes ACLs to be overly
precautionary. Further clarification on the consideration of scientific
and management uncertainty may be warranted.
6. Data poor stocks. Stocks without sufficient data to conduct a
formal scientific stock assessment are considered to be data poor
stocks. Establishing appropriate ACLs for data poor stocks can be
challenging. The experience of the Councils and their SSCs in
implementing ABCs and ACLs for data poor stocks may provide valuable
information on which to base improvements in the NS1 Guidelines for
data poor stocks.
7. Acceptable biological catch control rules. The NS1 Guidelines
require a Council to establish an ABC control rule for each stock and
stock complex, based on scientific advice from its SSC (Sec. 600.310
(f)). ABC control rules are a specified approach to setting the ABC
that addresses scientific uncertainty, and incorporate a policy
decision on the acceptable level of risk that overfishing might occur.
A variety of ABC control rules have been implemented and a review of
those control rules could lead to improvements in the NS1 Guidelines.
In addition, for some fisheries there is interest in implementing
provisions that carry over unharvested allocations from one year to the
next. Guidance may be needed on how to consider carry-over within ABC
control rules.
8. Catch accounting. Questions have been raised by managers about
the types of ``catch'' that must be considered within the ABC and ACL,
particularly in regard to catch resulting from exempted fishing permits
and scientific research activities. The definition of catch in the NS1
Guidelines includes fish taken in commercial, recreational,
subsistence, tribal, and other fisheries. Catch includes fish that are
retained for any purpose, as well as mortality of fish that are
discarded. In the final rule response to comment number 35 (74 FR 3718;
January 16, 2009), NMFS stated that this definition would include
allocations for scientific research and mortality from any other
fishing activity. Additional guidance may be needed to clarify how to
account for all sources of mortality (e.g., bycatch, scientific
research catch, etc.) when establishing ABCs and ACLs.
9. Accountability measures. AMs are management controls to prevent
ACLs from being exceeded, and to correct or mitigate overages of the
ACL if they occur. AMs must be tailored to the specific needs of a
fishery, and are key to the success of ACL systems in ending and
preventing overfishing. NMFS invites comments on the guidance for AMs.
10. ACL exceptions. Under the MSA, stocks that have a life cycle of
approximately 1 year and stocks subject to international agreements are
not required to have ACLs. The NS1 Guidelines describe that the life
cycle exception applies to ``a stock for which the average length of
time it takes for an individual to produce a reproductively active
offspring is approximately 1 year and that the individual has only one
breeding season in its lifetime'' (Sec. 600.310 (h)(2)(i)). The NS1
Guidelines also describe that the international agreement exception
applies to stocks that are subject to ``any bilateral or multilateral
treaty, convention, or agreement which relates to fishing and to which
the United States is party'' (Sec. 600.310 (h)(2)(ii)). NMFS invites
comments on the guidance pertaining to these exceptions from the ACL
requirements.
11. Rebuilding progress and revising rebuilding plans. The current
NS1 Guidelines address how NMFS should respond if a stock reaches the
end of its rebuilding plan and is not fully rebuilt, or its rebuilding
status is unknown. However, the guidelines do not address the situation
that occurs during the course of a rebuilding plan when rebuilding
progress is determined to be inadequate. Inadequate progress can result
from a number of factors, including:
a. Management measures that do not adequately control the fishery.
b. Environmental factors that limit stock growth.
c. Significant changes in the rebuilding target (Bmsy) resulting
from a new stock assessment. NMFS intends to improve guidance on
evaluating the progress of stocks in rebuilding plans and on revising
the rebuilding plans in these situations.
Public Comments
To help determine the scope of issues to be addressed and to
identify significant issues related to this action, NMFS is soliciting
written comments on this ANPR. The public is encouraged to submit
comments related to the specific ideas mentioned in this ANPR, as well
as any additional ideas and solutions that could improve provisions of
the NS1 Guidelines. In addition to considering revisions to the NS1
Guidelines, NMFS will consider whether it may be more appropriate to
address some topics in technical guidance reports or policy directives
than to change the guidelines codified at 50 CFR 600.310. NMFS welcomes
comment on the appropriateness and utility of additional technical
guidance reports and policy directives.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 27, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2012-10683 Filed 4-30-12; 4:15 pm]
BILLING CODE 3510-22-P
