Atlantic Highly Migratory Species; Final Amendment 12 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan, 46836-46837 [2021-17887]

Download as PDF 46836 Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices • Identify and discuss potential new data sources Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency. Special Accommodations This meeting is accessible to people with disabilities. Requests for auxiliary aids should be directed to the South Atlantic Fishery Management Council office (see ADDRESSES) at least 5 business days prior to the meeting. Note: The times and sequence specified in this agenda are subject to change. Authority: 16 U.S.C. 1801 et seq. Dated: August 17, 2021. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–17907 Filed 8–19–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA086] Atlantic Highly Migratory Species; Final 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 of a fishery management plan amendment. AGENCY: NMFS announces the availability of Final Amendment 12 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP). The Final Amendment responds to revisions to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) National Standard (NS) guidelines, a rulemaking addressing reporting methodologies for bycatch as defined under the MagnusonStevens Act, and recent NMFS policy directives which aim to improve and streamline fishery management khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:27 Aug 19, 2021 Jkt 253001 procedures to enhance their utility for managers and the public. This final amendment does not include a proposed rule or regulatory text. Any operational changes to fishery management measures as a result of Final Amendment 12 would be considered in future rulemakings, as appropriate. DATES: The amendment was approved on August 16, 2021. ADDRESSES: Electronic copies of Final Amendment 12 to the 2006 Consolidated HMS FMP may be obtained on the internet at: https:// www.fisheries.noaa.gov/action/ amendment-12-2006-consolidated-hmsfishery-management-plan-msaguidelines-and-national. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, sarah.mclaughlin@ noaa.gov, 978–281–9260, or Karyl Brewster-Geisz, karyl.brewster-geisz@ noaa.gov, 301–427–8503. SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries are managed under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.). The 2006 Consolidated Atlantic HMS FMP and its amendments are implemented by regulations at 50 CFR part 635. The Magnuson-Stevens Act requires that any FMP or FMP amendment be consistent with 10 NSs. In 2016, NMFS published a final rule revising the guidelines for NS1, NS3, and NS7 to improve and clarify the guidance and to facilitate compliance with requirements of the Magnuson-Stevens Act to end and prevent overfishing, rebuild overfished stocks, and achieve optimum yield (OY) (81 FR 71858, October 18, 2016). The final rule on the NS guidelines included a recommendation that FMP objectives should be reassessed on a regular basis to reflect the changing needs of fisheries over time. Although no time frame was prescribed, the guidelines indicated that NMFS should provide notice to the public of the expected schedule for review. The final rule also noted that, for stocks managed under international agreements, consistent with provisions in the Magnuson-Stevens Act, NMFS may decide to use the international stock status determination criteria (SDC) defined by the relevant international body (e.g., the International Commission for the Conservation of Atlantic Tunas (ICCAT)). Thus, Final Amendment 12 revises some of the objectives contained in the 2006 Consolidated Atlantic HMS FMP, and adopts the ICCAT SDC for ICCAT-managed HMS. The Magnuson-Stevens Act further requires that any FMP, with respect to PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 any fishery, establish standardized bycatch reporting methodology (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 requirement. Specifically, the 2017 final rule indicated that 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 at 50 CFR 600.1600. Final Amendment 12 reviews of SBRMs for HMS fisheries. Also in 2017, NMFS issued a Fisheries Allocation Review Policy Directive and Procedures (01–119), which described a mechanism to ensure that fishery quota allocations are periodically reviewed and evaluated to remain relevant to current conditions, improve transparency, and minimize conflict for a process that is often controversial. Final Amendment 12 establishes triggers for review of allocations of quota-managed HMS. Finally, the HMS Stock Assessment and Fishery Evaluation (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. NS2 guidelines specify 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 Amendment 2 to the 2006 Consolidated HMS FMP which, among other things, indicated that publication of the HMS SAFE Report would occur by the fall of each year. Final Amendment 12 notifies the public of modified timing for release of the HMS SAFE Report to account for unexpected delays (e.g., data availability, staff availability, furloughs, emergencies, etc.). Final Amendment 12 is consistent with the revised 2016 NS guidelines, the 2017 SBRM rulemaking, and the 2017 Fisheries Allocation Review Policy Directive 01–119, along with other relevant statutes and the 2006 Consolidated Atlantic HMS FMP and its amendments. There is no final rule or regulatory text associated with Final Amendment 12. Quotas or other fishery management measures will not be E:\FR\FM\20AUN1.SGM 20AUN1 Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices changed or affected as a result of this amendment. Any operational changes to fishery management measures as a result of Final Amendment 12 would be considered in future rulemakings, as appropriate. On August 25, 2020, NMFS published a notice of availability of Draft Amendment 12 (85 FR 52329). Given that specific changes to fishery management measures are not proposed or evaluated in this amendment; NMFS does not expect any impacts. Furthermore, no extraordinary circumstances exist, and the action is not expected to be controversial. Thus, NMFS has determined that Final Amendment 12 would appropriately be categorically excluded from further analysis under the National Environmental Policy Act (NEPA). NMFS sought public comment on Draft Amendment 12 through October 26, 2020. Additionally, NMFS conducted two public hearing conference calls/webinars for interested members of the public to submit verbal comments. NMFS received one written comment on the Draft Amendment, and received a number of additional comments and/or clarifying questions at the September 2020 Atlantic HMS Advisory Panel meeting and the two webinars. In general, commenters supported the intent of Draft Amendment 12 to address the 2006 Consolidated HMS FMP objectives, to adopt international SDC for internationally managed HMS, to update SBRM, to adopt triggers for review of allocations, and to adjust the publication date of the annual SAFE Report. Regarding reassessment of HMS 46837 FMP objectives, some commenters indicated support or opposition to certain changes, with some suggesting specific changes to strengthen, broaden, streamline, keep, or clarify the text, including for flexibility purposes. See the response to comments in the Appendix of Final Amendment 12. Final Amendment 12 revises 12 of the 16 baseline HMS management objectives identified in the 2006 Consolidated HMS FMP and adds three new objectives. For further information including the full set of revised HMS FMP objectives, see the Final Amendment 12 document. Table 1 summarizes the three changes to the HMS FMP objectives relative to the revisions NMFS proposed in Draft Amendment 12, based on public comment and further consideration. TABLE 1—CHANGES TO THE HMS FMP OBJECTIVES RELATIVE TO THE REVISIONS NMFS PROPOSED IN DRAFT AMENDMENT 12 Objective # Text of 2006 consolidated HMS FMP objective Text of revised FMP objective Rationale for revision 14 .................... Optimize the social and economic benefits to the nation by reserving the Atlantic billfish resource for its traditional use, which in the United States is entirely a recreational fishery. Optimize the social and economic benefits to the nation by reserving the Atlantic billfish resource for its traditional use, which in the United States is entirely a recreational fishery. 15 .................... Increase understanding of the condition of HMS stocks and HMS fisheries. 18 .................... Consistent with the other objectives of this FMP, consider ecosystem-based effects to support and enhance effective HMS fishery management. Increase understanding of the condition of Atlantic HMS stocks and fisheries, including stock status, biological, social, and economic information, and how HMS stocks and fisheries interact with other federally managed fisheries and species. Consistent with the other objectives of this FMP, consider ecosystem-based effects and seek to understand the impacts of shifts in the environment, including climate change, on Atlantic HMS fisheries to support and enhance effective HMS fishery management. No change. Although Atlantic billfish are already reserved for the recreational fishery and are prohibited from being landed commercially, NMFS has decided to retain Objective 14 in the HMS FMP to maintain this important concept in managing HMS fisheries. Adds text to elaborate on the type of information that could help with understanding Atlantic HMS stocks and fisheries. Authority: 16 U.S.C. 971 et seq., and 1801 et seq. Dated: August 17, 2021. Kelly Denit, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–17887 Filed 8–19–21; 8:45 am] National Oceanic and Atmospheric Administration cancelled a public meeting of its Monkfish Committee that was scheduled for Wednesday, September 1, 2021. [RTID 0648–XB322] FOR FURTHER INFORMATION CONTACT: New England Fishery Management Council; Public Meeting; Cancellation Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. DEPARTMENT OF COMMERCE khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 3510–22–P National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of cancellation of a meeting. AGENCY: The New England Fishery Management Council (Council) has SUMMARY: VerDate Sep<11>2014 17:27 Aug 19, 2021 Jkt 253001 Adds an objective to consider ecosystem-based effects and shifts in the environment, including climate change, in Atlantic HMS fishery management. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 The original meeting notice published in the Federal Register on Monday, August 16, 2021 (86 FR 45711). The meeting will be rescheduled at a later dated and announced in the Federal Register. Authority: 16 U.S.C. 1801 et seq. SUPPLEMENTARY INFORMATION: E:\FR\FM\20AUN1.SGM 20AUN1

Agencies

[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Notices]
[Pages 46836-46837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17887]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA086]


Atlantic Highly Migratory Species; Final 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 of a fishery management plan amendment.

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

SUMMARY: NMFS announces the availability of Final Amendment 12 to the 
2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery 
Management Plan (FMP). The Final Amendment responds to revisions to the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) National Standard (NS) guidelines, a rulemaking addressing 
reporting methodologies for bycatch as defined under the Magnuson-
Stevens Act, and recent NMFS policy directives which aim to improve and 
streamline fishery management procedures to enhance their utility for 
managers and the public. This final amendment does not include a 
proposed rule or regulatory text. Any operational changes to fishery 
management measures as a result of Final Amendment 12 would be 
considered in future rulemakings, as appropriate.

DATES: The amendment was approved on August 16, 2021.

ADDRESSES: Electronic copies of Final Amendment 12 to the 2006 
Consolidated HMS FMP may be obtained on the internet at: https://www.fisheries.noaa.gov/action/amendment-12-2006-consolidated-hms-fishery-management-plan-msa-guidelines-and-national.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 
[email protected], 978-281-9260, or Karyl Brewster-Geisz, 
[email protected], 301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries are managed under the 
authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et 
seq.) and the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.). The 2006 
Consolidated Atlantic HMS FMP and its amendments are implemented by 
regulations at 50 CFR part 635.
    The Magnuson-Stevens Act requires that any FMP or FMP amendment be 
consistent with 10 NSs. In 2016, NMFS published a final rule revising 
the guidelines for NS1, NS3, and NS7 to improve and clarify the 
guidance and to facilitate compliance with requirements of the 
Magnuson-Stevens Act to end and prevent overfishing, rebuild overfished 
stocks, and achieve optimum yield (OY) (81 FR 71858, October 18, 2016). 
The final rule on the NS guidelines included a recommendation that FMP 
objectives should be reassessed on a regular basis to reflect the 
changing needs of fisheries over time. Although no time frame was 
prescribed, the guidelines indicated that NMFS should provide notice to 
the public of the expected schedule for review. The final rule also 
noted that, for stocks managed under international agreements, 
consistent with provisions in the Magnuson-Stevens Act, NMFS may decide 
to use the international stock status determination criteria (SDC) 
defined by the relevant international body (e.g., the International 
Commission for the Conservation of Atlantic Tunas (ICCAT)). Thus, Final 
Amendment 12 revises some of the objectives contained in the 2006 
Consolidated Atlantic HMS FMP, and adopts the ICCAT SDC for ICCAT-
managed HMS.
    The Magnuson-Stevens Act further requires that any FMP, with 
respect to any fishery, establish standardized bycatch reporting 
methodology (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 requirement. 
Specifically, the 2017 final rule indicated that 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 at 50 CFR 600.1600. Final Amendment 12 reviews of 
SBRMs for HMS fisheries.
    Also in 2017, NMFS issued a Fisheries Allocation Review Policy 
Directive and Procedures (01-119), which described a mechanism to 
ensure that fishery quota allocations are periodically reviewed and 
evaluated to remain relevant to current conditions, improve 
transparency, and minimize conflict for a process that is often 
controversial. Final Amendment 12 establishes triggers for review of 
allocations of quota-managed HMS.
    Finally, the HMS Stock Assessment and Fishery Evaluation (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. NS2 guidelines specify 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 Amendment 2 to the 2006 
Consolidated HMS FMP which, among other things, indicated that 
publication of the HMS SAFE Report would occur by the fall of each 
year. Final Amendment 12 notifies the public of modified timing for 
release of the HMS SAFE Report to account for unexpected delays (e.g., 
data availability, staff availability, furloughs, emergencies, etc.).
    Final Amendment 12 is consistent with the revised 2016 NS 
guidelines, the 2017 SBRM rulemaking, and the 2017 Fisheries Allocation 
Review Policy Directive 01-119, along with other relevant statutes and 
the 2006 Consolidated Atlantic HMS FMP and its amendments. There is no 
final rule or regulatory text associated with Final Amendment 12. 
Quotas or other fishery management measures will not be

[[Page 46837]]

changed or affected as a result of this amendment. Any operational 
changes to fishery management measures as a result of Final Amendment 
12 would be considered in future rulemakings, as appropriate.
    On August 25, 2020, NMFS published a notice of availability of 
Draft Amendment 12 (85 FR 52329). Given that specific changes to 
fishery management measures are not proposed or evaluated in this 
amendment; NMFS does not expect any impacts. Furthermore, no 
extraordinary circumstances exist, and the action is not expected to be 
controversial. Thus, NMFS has determined that Final Amendment 12 would 
appropriately be categorically excluded from further analysis under the 
National Environmental Policy Act (NEPA).
    NMFS sought public comment on Draft Amendment 12 through October 
26, 2020. Additionally, NMFS conducted two public hearing conference 
calls/webinars for interested members of the public to submit verbal 
comments. NMFS received one written comment on the Draft Amendment, and 
received a number of additional comments and/or clarifying questions at 
the September 2020 Atlantic HMS Advisory Panel meeting and the two 
webinars. In general, commenters supported the intent of Draft 
Amendment 12 to address the 2006 Consolidated HMS FMP objectives, to 
adopt international SDC for internationally managed HMS, to update 
SBRM, to adopt triggers for review of allocations, and to adjust the 
publication date of the annual SAFE Report. Regarding reassessment of 
HMS FMP objectives, some commenters indicated support or opposition to 
certain changes, with some suggesting specific changes to strengthen, 
broaden, streamline, keep, or clarify the text, including for 
flexibility purposes. See the response to comments in the Appendix of 
Final Amendment 12.
    Final Amendment 12 revises 12 of the 16 baseline HMS management 
objectives identified in the 2006 Consolidated HMS FMP and adds three 
new objectives. For further information including the full set of 
revised HMS FMP objectives, see the Final Amendment 12 document. Table 
1 summarizes the three changes to the HMS FMP objectives relative to 
the revisions NMFS proposed in Draft Amendment 12, based on public 
comment and further consideration.

    Table 1--Changes to the HMS FMP Objectives Relative to the Revisions NMFS Proposed in Draft Amendment 12
----------------------------------------------------------------------------------------------------------------
                            Text of 2006 consolidated       Text of revised FMP
       Objective #              HMS FMP objective                objective              Rationale for revision
----------------------------------------------------------------------------------------------------------------
14.......................  Optimize the social and      Optimize the social and      No change.
                            economic benefits to the     economic benefits to the    Although Atlantic billfish
                            nation by reserving the      nation by reserving the      are already reserved for
                            Atlantic billfish resource   Atlantic billfish resource   the recreational fishery
                            for its traditional use,     for its traditional use,     and are prohibited from
                            which in the United States   which in the United States   being landed commercially,
                            is entirely a recreational   is entirely a recreational   NMFS has decided to retain
                            fishery.                     fishery.                     Objective 14 in the HMS
                                                                                      FMP to maintain this
                                                                                      important concept in
                                                                                      managing HMS fisheries.
15.......................  Increase understanding of    Increase understanding of    Adds text to elaborate on
                            the condition of HMS         the condition of Atlantic    the type of information
                            stocks and HMS fisheries.    HMS stocks and fisheries,    that could help with
                                                         including stock status,      understanding Atlantic HMS
                                                         biological, social, and      stocks and fisheries.
                                                         economic information, and
                                                         how HMS stocks and
                                                         fisheries interact with
                                                         other federally managed
                                                         fisheries and species.
18.......................  Consistent with the other    Consistent with the other    Adds an objective to
                            objectives of this FMP,      objectives of this FMP,      consider ecosystem-based
                            consider ecosystem-based     consider ecosystem-based     effects and shifts in the
                            effects to support and       effects and seek to          environment, including
                            enhance effective HMS        understand the impacts of    climate change, in
                            fishery management.          shifts in the environment,   Atlantic HMS fishery
                                                         including climate change,    management.
                                                         on Atlantic HMS fisheries
                                                         to support and enhance
                                                         effective HMS fishery
                                                         management.
----------------------------------------------------------------------------------------------------------------

    Authority: 16 U.S.C. 971 et seq., and 1801 et seq.

    Dated: August 17, 2021.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2021-17887 Filed 8-19-21; 8:45 am]
BILLING CODE 3510-22-P
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