Atlantic Highly Migratory Species; Amendment 12 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan, 45941-45943 [2019-18939]

Download as PDF Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Proposed Rules C. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. khammond on DSKBBV9HB2PROD with PROPOSALS On August 14, 2019, FMCSA issued an NPRM concerning amendments to its hours-of-service (HOS) requirements to provide greater flexibility for drivers who are subject to the HOS rules without adversely affecting safety. First, the Agency proposed to change the short-haul exception to the record of duty status (RODS) requirement available to certain commercial motor vehicle (CMV) drivers by lengthening the drivers’ maximum on-duty period from 12 to 14 hours and extending the distance limit within which the driver may operate from 100 air miles (115.08 statute miles) to 150 air miles (172.6 statute miles). Second, the Agency proposed to modify the adverse driving conditions exception by extending by 2 hours the maximum window during which driving is permitted. Third, the Agency proposed to increase flexibility for the 30-minute break rule by requiring a break after 8 hours of driving time (instead of on-duty time), and allowing the requirement to be satisfied by an on-duty break from driving, rather than requiring an off-duty break. Fourth, the Agency proposed to modify the sleeper-berth exception to allow drivers to split their required 10-hours off duty into two periods: One period of at least 7 consecutive hours in the sleeper berth and the other period of not less than 2 consecutive hours, either off duty or in the sleeper berth. Neither period would count against the driver’s 14-hour driving window. Fifth, the Agency proposed to allow one off-duty break of at least 30 minutes, but not more than 3 hours, that would pause a truck driver’s 14-hour driving window, provided the driver takes 10 consecutive hours off-duty at the end of the work shift. The NPRM also posed questions about other HOS-related topics the Agency is considering as part of this rulemaking. The listening sessions will provide interested persons the opportunity to share their views on these topics with representatives of the Agency. 17:08 Aug 30, 2019 Issued on: August 27, 2019. Alan Hanson, Deputy Administrator. [FR Doc. 2019–18978 Filed 8–30–19; 8:45 am] BILLING CODE 4910–EX–P II. Background VerDate Sep<11>2014 III. Meeting Participation The listening sessions are open to the public. Speakers’ remarks will be limited to 10 minutes each. The public may submit material to the FMCSA staff at each session for inclusion in the public docket, FMCSA–2018–0248. Jkt 247001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 RIN 0648–XG955 Atlantic Highly Migratory Species; Amendment 12 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability; notice of intent; request for comments. AGENCY: NMFS announces the availability of a scoping document and its intent to initiate an amendment to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP). Given recent revisions to the National Standard guidelines and recent NMFS policy directives, which aim to improve and streamline fishery management procedures to enhance their utility for managers and the public, NMFS has determined it is necessary to: Reassess current HMS FMP objectives to reflect the changing needs of the HMS fisheries, and potentially adopt revised FMP objectives; review stock status determination criteria (SDC) for internationally-managed HMS and adopt such criteria, rather than continue to apply domestic criteria, which at times differ; review the standardized bycatch reporting methodology (SBRM) for certain HMS fisheries and update, if necessary; consider triggers for initiating allocation reviews for quota-managed HMS stocks and adopt such triggers, if appropriate; and consider revising the publication date of the annual HMS Stock Assessment and Fishery Evaluation (SAFE) Report and adopt such revision. The goal of the scoping document is to examine potential options and modify domestic HMS fishery management measures to be SUMMARY: PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 45941 consistent with the national standards guidelines and recent NMFS policy directives, and to request additional information and input from consulting parties and the public prior to development of Amendment 12 to the 2006 Consolidated Atlantic HMS FMP. DATES: One webinar will be held on October 9, 2019. See SUPPLEMENTARY INFORMATION for webinar date and instructions. NMFS requests receipt of any comments on the scoping document by November 4, 2019. ADDRESSES: You may submit comments on the scoping document, identified by NOAA–NMFS–2019–0096, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20190096, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Rick Pearson, NMFS/SF1, 263 13th Avenue South, Saint Petersburg, FL 33701. 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 generally will be posted for public viewing on www.regulations.gov 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). Copies of the scoping document and supporting documents are available from the HMS Management Division website at: https:// www.fisheries.noaa.gov/action/ amendment-12-2006-consolidated-hmsfishery-management-plan-msaguidelines-and-national or constituents can contact Rick Pearson by phone at 727–824–5399 or Sarah McLaughlin at 978–281–9260 for hard copies. FOR FURTHER INFORMATION CONTACT: Rick Pearson at 727–824–5399 or Sarah McLaughlin at 978–281–9260. SUPPLEMENTARY INFORMATION: Background The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires that any FMP or FMP amendment be consistent with ten National Standards. E:\FR\FM\03SEP1.SGM 03SEP1 45942 Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Proposed Rules In 2016, NMFS revised the National Standard guidelines to improve and streamline the guidelines to enhance their utility for managers and the public and provide flexibility in meeting current Magnuson-Stevens Act mandates (81 FR 71858, October 18, 2016). The final rule included a recommendation that FMP objectives should be reassessed on a regular basis to reflect the changing needs of the fishery over time. Although no time frame was prescribed, the National Standard guidelines indicated that NMFS should provide notice to the public of the expected schedule for review. The National Standard guidelines final rule also indicated that, for stocks managed under international agreement, NMFS may use the SDC defined by the relevant international body (e.g., the International Commission for the Conservation of Atlantic Tunas). Although the National Standard guidelines final rule does not require a review of international SDC, it allows NMFS to consider their appropriateness and applicability. The Magnuson-Stevens Act requires that any FMP, with respect to any fishery, establish an SBRM to assess the amount and type of bycatch occurring in a fishery. On January 19, 2017, NMFS published a final rule (82 FR 6317) to interpret and provide guidance on this Magnuson-Stevens Act requirement. Specifically, each FMP must identify the required procedure or procedures that constitute the SBRM for a fishery and conduct an analysis that explains how the SBRM meets the purposes described in the Magnuson-Stevens Act. With the changes in the SBRM guidelines, NMFS has determined that it is necessary to consider amending the HMS FMP to update SBRMs for some fisheries and to add fisheries for which SBRMs are not yet described (including tuna greenstick fishery, swordfish buoy gear fishery, and recreational speargun fishery). On February 23, 2017, NMFS issued Fisheries Allocation Policy Directive 01–119 (https://www.fisheries.noaa.gov/ national/laws-and-policies/fisheriesmanagement-policy-directives), which describes a mechanism to ensure that fisheries allocations are periodically evaluated. The policy and directives establish three steps in an allocation review process, with the first step occurring if a review is triggered. Categories of triggers that can be used to initiate an allocation review include: Public interest, time, or indicators. The policy directive also requires the identification of one or more triggers for each fishery with a quota allocation that meets the definition contained in the revised policy directive. The scoping document for Draft Amendment 12 to the 2006 Consolidated Atlantic HMS FMP begins the process for considering allocation triggers for quota-managed HMS. Finally, the HMS SAFE report is a public document that provides a summary of scientific information concerning the most recent biological condition of stocks, stock complexes, and marine ecosystems, essential fish habitat (EFH), and the social and economic condition of recreational and commercial HMS fishing interests, fishing communities, and the fish processing industries. The MagnusonStevens Act specifies that SAFE reports summarize, on a periodic basis, the best scientific information available concerning the past, present, and possible future condition of the stocks, EFH, marine ecosystems, and fisheries being managed under Federal regulation. In 2008, NMFS published a final rule for Amendment 2 to the 2006 Consolidated HMS FMP (73 FR 40657, July 15, 2008) that, among other things, required the publication of the HMS SAFE report by the fall of each year. The scoping document for Draft Amendment 12 begins the process for considering adjusting the publication date of the HMS SAFE report to account for unexpected delays, while remaining compliant with Magnuson-Stevens Act requirements. In this scoping document, NMFS begins the process of re-assessing HMS FMP objectives, considering international SDCs for HMS managed under international agreement, updating HMS FMP SBRM to include fisheries which are not yet described, considering allocation criteria for quota-managed HMS, and adjusting the timing for publication of the annual HMS SAFE Report. Request for Comments NMFS requests additional information and comments from consulting parties and the public on the scoping document. The document includes a summary of the anticipated purpose and need of the FMP amendment and the potential environmental, social, and economic impacts of conservation and management of some potential options. The scoping document is available online at the HMS website: https:// www.fisheries.noaa.gov/action/ amendment-12-2006-consolidated-hmsfishery-management-plan-msaguidelines-and-national. One webinar will be held (see Table 1 for webinar time and instructions) to provide the opportunity for public comment. These comments will be used to assist in the development of the upcoming amendment to the 2006 Consolidated Atlantic HMS FMP. khammond on DSKBBV9HB2PROD with PROPOSALS TABLE 1—TIME AND INSTRUCTIONS OF THE SCOPING WEBINAR AND CONFERENCE CALL Date Time Webinar instructions October 9, 2019 ........... 2:00–4:00 p.m ............. Link: https://noaanmfs-events1.webex.com/noaanmfs-events1/onstage/g.php?MTID=ea75b6 3983365ec291964d9bc1a6fb968. Event Password: NOAA. Dial In: 888–843–6167. Passcode: 3439062. The public is reminded that NMFS expects participants at public scoping meetings and on conference calls or webinars to conduct themselves appropriately. At the beginning of the webinar and conference call, a representative of NMFS will explain the ground rules (e.g., all comments are to be directed to the Agency; attendees VerDate Sep<11>2014 17:08 Aug 30, 2019 Jkt 247001 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 webinar and conference call so that all attending members of the public will be able to comment if they PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 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 webinar or conference call. NMFS anticipates that Draft Amendment 12 to the 2006 Consolidated HMS FMP will be available in 2020 and that Final E:\FR\FM\03SEP1.SGM 03SEP1 Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Proposed Rules Amendment 12 will be available in 2021. Dated: August 28, 2019. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–18939 Filed 8–30–19; 8:45 am] khammond on DSKBBV9HB2PROD with PROPOSALS BILLING CODE 3510–22–P VerDate Sep<11>2014 17:08 Aug 30, 2019 Jkt 247001 PO 00000 Frm 00017 Fmt 4702 Sfmt 9990 E:\FR\FM\03SEP1.SGM 03SEP1 45943

Agencies

[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Proposed Rules]
[Pages 45941-45943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18939]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XG955


Atlantic Highly Migratory Species; Amendment 12 to the 2006 
Consolidated Atlantic Highly Migratory Species Fishery Management Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability; notice of intent; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the availability of a scoping document and its 
intent to initiate an amendment to the 2006 Consolidated Highly 
Migratory Species (HMS) Fishery Management Plan (FMP). Given recent 
revisions to the National Standard guidelines and recent NMFS policy 
directives, which aim to improve and streamline fishery management 
procedures to enhance their utility for managers and the public, NMFS 
has determined it is necessary to: Reassess current HMS FMP objectives 
to reflect the changing needs of the HMS fisheries, and potentially 
adopt revised FMP objectives; review stock status determination 
criteria (SDC) for internationally-managed HMS and adopt such criteria, 
rather than continue to apply domestic criteria, which at times differ; 
review the standardized bycatch reporting methodology (SBRM) for 
certain HMS fisheries and update, if necessary; consider triggers for 
initiating allocation reviews for quota-managed HMS stocks and adopt 
such triggers, if appropriate; and consider revising the publication 
date of the annual HMS Stock Assessment and Fishery Evaluation (SAFE) 
Report and adopt such revision. The goal of the scoping document is to 
examine potential options and modify domestic HMS fishery management 
measures to be consistent with the national standards guidelines and 
recent NMFS policy directives, and to request additional information 
and input from consulting parties and the public prior to development 
of Amendment 12 to the 2006 Consolidated Atlantic HMS FMP.

DATES: One webinar will be held on October 9, 2019. See SUPPLEMENTARY 
INFORMATION for webinar date and instructions. NMFS requests receipt of 
any comments on the scoping document by November 4, 2019.

ADDRESSES: You may submit comments on the scoping document, identified 
by NOAA-NMFS-2019-0096, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0096, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Rick Pearson, NMFS/SF1, 
263 13th Avenue South, Saint Petersburg, FL 33701.
    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 generally will be posted for public viewing on 
www.regulations.gov 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).
    Copies of the scoping document and supporting documents are 
available from the HMS Management Division website at: https://www.fisheries.noaa.gov/action/amendment-12-2006-consolidated-hms-fishery-management-plan-msa-guidelines-and-national or constituents can 
contact Rick Pearson by phone at 727-824-5399 or Sarah McLaughlin at 
978-281-9260 for hard copies.

FOR FURTHER INFORMATION CONTACT: Rick Pearson at 727-824-5399 or Sarah 
McLaughlin at 978-281-9260.

SUPPLEMENTARY INFORMATION:

Background

    The Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) requires that any FMP or FMP amendment be 
consistent with ten National Standards.

[[Page 45942]]

In 2016, NMFS revised the National Standard guidelines to improve and 
streamline the guidelines to enhance their utility for managers and the 
public and provide flexibility in meeting current Magnuson-Stevens Act 
mandates (81 FR 71858, October 18, 2016). The final rule included a 
recommendation that FMP objectives should be reassessed on a regular 
basis to reflect the changing needs of the fishery over time. Although 
no time frame was prescribed, the National Standard guidelines 
indicated that NMFS should provide notice to the public of the expected 
schedule for review.
    The National Standard guidelines final rule also indicated that, 
for stocks managed under international agreement, NMFS may use the SDC 
defined by the relevant international body (e.g., the International 
Commission for the Conservation of Atlantic Tunas). Although the 
National Standard guidelines final rule does not require a review of 
international SDC, it allows NMFS to consider their appropriateness and 
applicability.
    The Magnuson-Stevens Act requires that any FMP, with respect to any 
fishery, establish an SBRM to assess the amount and type of bycatch 
occurring in a fishery. On January 19, 2017, NMFS published a final 
rule (82 FR 6317) to interpret and provide guidance on this Magnuson-
Stevens Act requirement. Specifically, each FMP must identify the 
required procedure or procedures that constitute the SBRM for a fishery 
and conduct an analysis that explains how the SBRM meets the purposes 
described in the Magnuson-Stevens Act. With the changes in the SBRM 
guidelines, NMFS has determined that it is necessary to consider 
amending the HMS FMP to update SBRMs for some fisheries and to add 
fisheries for which SBRMs are not yet described (including tuna 
greenstick fishery, swordfish buoy gear fishery, and recreational 
speargun fishery).
    On February 23, 2017, NMFS issued Fisheries Allocation Policy 
Directive 01-119 (https://www.fisheries.noaa.gov/national/laws-and-policies/fisheries-management-policy-directives), which describes a 
mechanism to ensure that fisheries allocations are periodically 
evaluated. The policy and directives establish three steps in an 
allocation review process, with the first step occurring if a review is 
triggered. Categories of triggers that can be used to initiate an 
allocation review include: Public interest, time, or indicators. The 
policy directive also requires the identification of one or more 
triggers for each fishery with a quota allocation that meets the 
definition contained in the revised policy directive. The scoping 
document for Draft Amendment 12 to the 2006 Consolidated Atlantic HMS 
FMP begins the process for considering allocation triggers for quota-
managed HMS.
    Finally, the HMS SAFE report is a public document that provides a 
summary of scientific information concerning the most recent biological 
condition of stocks, stock complexes, and marine ecosystems, essential 
fish habitat (EFH), and the social and economic condition of 
recreational and commercial HMS fishing interests, fishing communities, 
and the fish processing industries. The Magnuson-Stevens Act specifies 
that SAFE reports summarize, on a periodic basis, the best scientific 
information available concerning the past, present, and possible future 
condition of the stocks, EFH, marine ecosystems, and fisheries being 
managed under Federal regulation. In 2008, NMFS published a final rule 
for Amendment 2 to the 2006 Consolidated HMS FMP (73 FR 40657, July 15, 
2008) that, among other things, required the publication of the HMS 
SAFE report by the fall of each year. The scoping document for Draft 
Amendment 12 begins the process for considering adjusting the 
publication date of the HMS SAFE report to account for unexpected 
delays, while remaining compliant with Magnuson-Stevens Act 
requirements.
    In this scoping document, NMFS begins the process of re-assessing 
HMS FMP objectives, considering international SDCs for HMS managed 
under international agreement, updating HMS FMP SBRM to include 
fisheries which are not yet described, considering allocation criteria 
for quota-managed HMS, and adjusting the timing for publication of the 
annual HMS SAFE Report.

Request for Comments

    NMFS requests additional information and comments from consulting 
parties and the public on the scoping document. The document includes a 
summary of the anticipated purpose and need of the FMP amendment and 
the potential environmental, social, and economic impacts of 
conservation and management of some potential options. The scoping 
document is available online at the HMS website: https://www.fisheries.noaa.gov/action/amendment-12-2006-consolidated-hms-fishery-management-plan-msa-guidelines-and-national. One webinar will 
be held (see Table 1 for webinar time and instructions) to provide the 
opportunity for public comment. These comments will be used to assist 
in the development of the upcoming amendment to the 2006 Consolidated 
Atlantic HMS FMP.

  Table 1--Time and Instructions of the Scoping Webinar and Conference
                                  Call
------------------------------------------------------------------------
             Date                      Time         Webinar instructions
------------------------------------------------------------------------
October 9, 2019...............  2:00-4:00 p.m....  Link: https://noaanmfs-events1.webex.com/noaanmfs-events1/onstage/g.php?MTID=ea75b63983365ec291964d9bc1a6fb968 b968.
                                                   Event Password: NOAA.
                                                   Dial In: 888-843-
                                                    6167.
                                                   Passcode: 3439062.
------------------------------------------------------------------------

    The public is reminded that NMFS expects participants at public 
scoping meetings and on conference calls or webinars to conduct 
themselves appropriately. At the beginning of the webinar and 
conference call, 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 webinar and conference call 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 webinar or conference call.
    NMFS anticipates that Draft Amendment 12 to the 2006 Consolidated 
HMS FMP will be available in 2020 and that Final

[[Page 45943]]

Amendment 12 will be available in 2021.

    Dated: August 28, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-18939 Filed 8-30-19; 8:45 am]
BILLING CODE 3510-22-P