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