Atlantic Highly Migratory Species; Amendment 14 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan, 4157-4158 [2023-01225]
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Federal Register / Vol. 88, No. 15 / Tuesday, January 24, 2023 / Notices
dolphins (S. clymene); false killer
whales (Pseudorca crassidens); melonheaded whales (Peponocephala electra);
minke whales (B. acutorostrata);
pantropical spotted dolphins (S.
attenuata); pygmy killer whales (Feresa
attenuata); Risso’s dolphins (Grampus
griseus); sei whales; and short-beaked
common dolphins (Delphinus delphis).
Annual take numbers currently
authorized for each species would not
increase, but would be reallocated to
allow for dart tagging of 50 animals of
each species of baleen whale and 30
animals of each odontocete species
annually. In addition, the permit holder
is requesting to reallocate takes of fin
whales to increase the number of whales
authorized for dart tagging from 10 to 50
whales per year. The purpose of the
amendment is to continue to monitor
the movement and distribution of these
species along the U.S. East Coast; this is
work that was previously conducted
with a collaborator under a separate
research permit. The amendment would
be valid for the duration of the permit,
until May 31, 2025.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of this
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: January 18, 2023.
Amy Sloan,
Acting Chief, Permits and Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–01292 Filed 1–23–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
tkelley on DSK125TN23PROD with NOTICES
RIN 0648–BI59
Atlantic Highly Migratory Species;
Amendment 14 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 agency decision.
AGENCY:
VerDate Sep<11>2014
19:17 Jan 23, 2023
Jkt 259001
NMFS announces the
approval of Amendment 14 to the 2006
Consolidated Atlantic Highly Migratory
Species (HMS) Fishery Management
Plan (FMP). Amendment 14 revises the
mechanism or ‘‘framework’’ used in
establishing quotas and related
management measures for Atlantic
shark fisheries. The revised framework
will modify the procedures followed in
establishing the acceptable biological
catch (ABC) and annual catch limits
(ACLs) for Atlantic sharks and the
process used to account for carryover or
underharvests of quotas. It will also
allow the option to phase-in ABC
control rules and to adopt multi-year
overfishing status determination criteria
in some circumstances. Amendment 14
does not make changes to the current
quotas or other management measures.
Any operational changes to fishery
management measures as a result of
Amendment 14 would be considered in
future rulemakings, as appropriate.
DATES: Amendment 14 was approved on
January 18, 2023.
ADDRESSES: Electronic copies of
Amendment 14 to the 2006
Consolidated HMS FMP may be
obtained on the internet at https://
www.fisheries.noaa.gov/action/
amendment-14-2006-consolidated-hmsfishery-management-plan-shark-quotamanagement.
FOR FURTHER INFORMATION CONTACT: Guy
DuBeck (Guy.DuBeck@noaa.gov), Karyl
Brewster-Geisz (Karyl.Brewster-Geisz@
noaa.gov), or Ann Williamson
(Ann.Williamson@noaa.gov) by email,
or by phone at 301–427–8503.
SUPPLEMENTARY INFORMATION: Atlantic
HMS fisheries (tunas, billfish,
swordfish, and sharks) are managed
under the authority of the Atlantic
Tunas Convention Act (16 U.S.C. 971 et
seq.) and the Magnuson-Stevens
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.). The 2006 Consolidated Atlantic
HMS FMP (2006 Consolidated 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 National Standards
(NS). Specifically, NS1 requires
‘‘conservation and management measure
shall prevent overfishing while
achieving, on a continuing basis, the
optimum yield from each fishery for the
United States fishing industry.’’ In 2016,
NMFS revised the NS1 guidelines to
improve, streamline, and enhance their
utility for managers and the public to
facilitate compliance with the
requirements of the Magnuson-Stevens
SUMMARY:
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
4157
Act and provide management flexibility
in doing so (81 FR 71858, October 18,
2016). The revised NS1 guidelines have
provided NMFS the opportunity to
increase management flexibility to
ensure scientific uncertainty and
variability in shark harvests are
accurately accounted for.
Amendment 14 modifies the
mechanism or ‘‘framework’’ used to
establish ABC and ACLs for Atlantic
shark stocks and management
complexes. The new framework
incorporates several of the management
options in the 2016 revised NS1
guidelines that allow for more flexibility
to respond to current conditions in
Atlantic shark fisheries. Specifically,
Amendment 14 will establish the
management measures described below.
ABC Control Rule: Implement a
general approach to the development of
ABC control rules for Atlantic shark
stocks and management complexes. The
tiered ABC control rule will categorize
stocks or management complexes into
appropriate tiers, taking into account
the stock status of the species, data
availability, and data uncertainty in the
development of the ABCs. Because of
the technical complexity in determining
the appropriate level of scientific
uncertainty for all stocks across all the
different methodologies used in past
shark stock assessments, NOAA
Fisheries may phase-in the ABC control
rule changes for some shark stocks over
time.
Phase-In ABC Control Rule: Phase-in
ABC control rules to allow NMFS to
phase in changes in the ABC over up to
a three-year period, as long as
overfishing is prevented. A phase-in
ABC control rule allows for greater
flexibility in setting the ABC following
a stock assessment.
ACL Development: Actively manage
all sector ACLs (commercial and
recreational) and establish an ACL for
each Atlantic shark management group
(i.e., a group of shark species that are
combined for quota management
purposes), without commercial ACL
species linkage considerations. This will
help ensure the ACL remains below the
ABC and improve accountability and
monitoring across all sectors.
Carry-Over of Underharvested ACL:
Change the carry-over provisions to
allow carry-over of unused quota to the
next year, only for underharvest of
commercial quotas (landings only)
under certain conditions (i.e., the stock
is not overfished and not experiencing
overfishing), as long as the overall ACL
remains below the ABC. Carry-over
allows for fuller utilization of available
commercial ACLs, helping to achieve
optimum yield.
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4158
Federal Register / Vol. 88, No. 15 / Tuesday, January 24, 2023 / Notices
Multi-Year Overfishing Status
Determination Criteria: Apply multiyear overfishing status determination
criteria to determine if a stock is
undergoing overfishing. When an
assessment is conducted, NMFS would
use a completed stock assessment to
determine overfishing status, and
outside of an assessment year, NMFS
may compare a three-year rolling
average of catch to the overfishing limit
to determine the overfishing status.
NMFS published a Notice of
Availability for draft Amendment 14 on
September 24, 2020 (85 FR 60132). The
comment period closed on December
31, 2020, and NMFS received 10 written
comments. NMFS presented
information on draft Amendment 14 at
three public webinars and the HMS
Advisory Panel meeting in December
2020. Additional oral comments were
collected at the Gulf of Mexico and
South Atlantic Fishery Management
Council meetings in November and
December 2020, respectively.
In response to commenters’ requests
for more information, NMFS published
a supplement to draft Amendment 14 on
January 24, 2022 (87 FR 3504). The
comment period closed on March 10,
2022, and details were presented at one
public webinar and at the HMS
Advisory Panel meeting in February
2022. Eight written comments were
received during the public comment
period.
All of the comments received on draft
Amendment 14 to the 2006
Consolidated HMS FMP and the
supplemental document and responses
to those comments can be found in final
Amendment 14 to the 2006
Consolidated HMS FMP, at https://
www.fisheries.noaa.gov/action/
amendment-14-2006-consolidated-hmsfishery-management-plan-shark-quotamanagement.
NMFS has determined that
Amendment 14 is consistent with the
2006 Consolidated HMS FMP, the
Magnuson-Stevens Act, and other
applicable law. Amendment 14
establishes the general framework
through which specific management
measures would later be developed and
adopted, therefore there are no
implementing regulations associated
with this amendment. Any changes to
the management and quotas of HMSmanaged Atlantic sharks would be
considered in future rulemakings.
Authority: 16 U.S.C. 971 et seq. and
1801 et seq.
VerDate Sep<11>2014
19:17 Jan 23, 2023
Jkt 259001
Dated: January 18, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023–01225 Filed 1–23–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC659]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Pile Driving for
the Long Beach Cruise Terminal
Improvement Project
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of renewal
Incidental Harassment Authorization
(IHA).
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued a renewal IHA to
Carnival Corporation & GHD (Carnival)
to harass marine mammals incidental to
pile driving for the Long Beach Cruise
Terminal improvement project at the
Port of Long Beach, California.
DATES: This renewal IHA is valid from
January 18, 2023 through December 9,
2023.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Craig Cockrell, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the original
application, Renewal request, and
supporting documents (including NMFS
Federal Register notices of the original
proposed and final authorizations, and
the previous IHA), as well as a list of the
references cited in this document, may
be obtained online at: https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act
(MMPA) prohibits the ‘‘take’’ of marine
mammals, with certain exceptions.
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) to allow, upon request, the
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Fmt 4703
Sfmt 4703
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are proposed or, if the taking
is limited to harassment, a notice of a
proposed incidental take authorization
is provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to here as ‘‘mitigation
measures’’). Monitoring and reporting of
such takings are also required. The
meaning of key terms such as ‘‘take,’’
‘‘harassment,’’ and ‘‘negligible impact’’
can be found in section 3 of the MMPA
(16 U.S.C. 1362) and the agency’s
regulations at 50 CFR 216.103.
NMFS’ regulations implementing the
MMPA at 50 CFR 216.107(e) indicate
that IHAs may be renewed for
additional periods of time not to exceed
one year for each reauthorization. In the
notice of proposed IHA for the initial
authorization, NMFS described the
circumstances under which we would
consider issuing a renewal for this
activity, and requested public comment
on a potential renewal under those
circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime one-year renewal IHA following
notice to the public providing an
additional 15 days for public comments
when (1) up to another year of identical
or nearly identical, or nearly identical,
activities as described in the Detailed
Description of Specified Activities
section of the initial IHA issuance
notice is planned or (2) the activities as
described in the Detailed Description of
Specified Activities section of the initial
IHA issuance notice would not be
completed by the time the initial IHA
expires and a renewal would allow for
completion of the activities beyond that
described in the DATES section of the
initial IHA issuance, provided all of the
following conditions are met:
(1) A request for renewal is received
no later than 60 days prior to the needed
renewal IHA effective date (recognizing
E:\FR\FM\24JAN1.SGM
24JAN1
]]>Agencies
[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Pages 4157-4158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01225]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-BI59
Atlantic Highly Migratory Species; Amendment 14 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 agency decision.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the approval of Amendment 14 to the 2006
Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management
Plan (FMP). Amendment 14 revises the mechanism or ``framework'' used in
establishing quotas and related management measures for Atlantic shark
fisheries. The revised framework will modify the procedures followed in
establishing the acceptable biological catch (ABC) and annual catch
limits (ACLs) for Atlantic sharks and the process used to account for
carryover or underharvests of quotas. It will also allow the option to
phase-in ABC control rules and to adopt multi-year overfishing status
determination criteria in some circumstances. Amendment 14 does not
make changes to the current quotas or other management measures. Any
operational changes to fishery management measures as a result of
Amendment 14 would be considered in future rulemakings, as appropriate.
DATES: Amendment 14 was approved on January 18, 2023.
ADDRESSES: Electronic copies of Amendment 14 to the 2006 Consolidated
HMS FMP may be obtained on the internet at https://www.fisheries.noaa.gov/action/amendment-14-2006-consolidated-hms-fishery-management-plan-shark-quota-management.
FOR FURTHER INFORMATION CONTACT: Guy DuBeck ([email protected]),
Karyl Brewster-Geisz ([email protected]), or Ann Williamson
([email protected]) by email, or by phone at 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries (tunas, billfish,
swordfish, and sharks) are managed under the authority of the Atlantic
Tunas Convention Act (16 U.S.C. 971 et seq.) and the Magnuson-Stevens
Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.). The 2006 Consolidated Atlantic HMS FMP (2006 Consolidated 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 National Standards (NS). Specifically, NS1 requires
``conservation and management measure shall prevent overfishing while
achieving, on a continuing basis, the optimum yield from each fishery
for the United States fishing industry.'' In 2016, NMFS revised the NS1
guidelines to improve, streamline, and enhance their utility for
managers and the public to facilitate compliance with the requirements
of the Magnuson-Stevens Act and provide management flexibility in doing
so (81 FR 71858, October 18, 2016). The revised NS1 guidelines have
provided NMFS the opportunity to increase management flexibility to
ensure scientific uncertainty and variability in shark harvests are
accurately accounted for.
Amendment 14 modifies the mechanism or ``framework'' used to
establish ABC and ACLs for Atlantic shark stocks and management
complexes. The new framework incorporates several of the management
options in the 2016 revised NS1 guidelines that allow for more
flexibility to respond to current conditions in Atlantic shark
fisheries. Specifically, Amendment 14 will establish the management
measures described below.
ABC Control Rule: Implement a general approach to the development
of ABC control rules for Atlantic shark stocks and management
complexes. The tiered ABC control rule will categorize stocks or
management complexes into appropriate tiers, taking into account the
stock status of the species, data availability, and data uncertainty in
the development of the ABCs. Because of the technical complexity in
determining the appropriate level of scientific uncertainty for all
stocks across all the different methodologies used in past shark stock
assessments, NOAA Fisheries may phase-in the ABC control rule changes
for some shark stocks over time.
Phase-In ABC Control Rule: Phase-in ABC control rules to allow NMFS
to phase in changes in the ABC over up to a three-year period, as long
as overfishing is prevented. A phase-in ABC control rule allows for
greater flexibility in setting the ABC following a stock assessment.
ACL Development: Actively manage all sector ACLs (commercial and
recreational) and establish an ACL for each Atlantic shark management
group (i.e., a group of shark species that are combined for quota
management purposes), without commercial ACL species linkage
considerations. This will help ensure the ACL remains below the ABC and
improve accountability and monitoring across all sectors.
Carry-Over of Underharvested ACL: Change the carry-over provisions
to allow carry-over of unused quota to the next year, only for
underharvest of commercial quotas (landings only) under certain
conditions (i.e., the stock is not overfished and not experiencing
overfishing), as long as the overall ACL remains below the ABC. Carry-
over allows for fuller utilization of available commercial ACLs,
helping to achieve optimum yield.
[[Page 4158]]
Multi-Year Overfishing Status Determination Criteria: Apply multi-
year overfishing status determination criteria to determine if a stock
is undergoing overfishing. When an assessment is conducted, NMFS would
use a completed stock assessment to determine overfishing status, and
outside of an assessment year, NMFS may compare a three-year rolling
average of catch to the overfishing limit to determine the overfishing
status.
NMFS published a Notice of Availability for draft Amendment 14 on
September 24, 2020 (85 FR 60132). The comment period closed on December
31, 2020, and NMFS received 10 written comments. NMFS presented
information on draft Amendment 14 at three public webinars and the HMS
Advisory Panel meeting in December 2020. Additional oral comments were
collected at the Gulf of Mexico and South Atlantic Fishery Management
Council meetings in November and December 2020, respectively.
In response to commenters' requests for more information, NMFS
published a supplement to draft Amendment 14 on January 24, 2022 (87 FR
3504). The comment period closed on March 10, 2022, and details were
presented at one public webinar and at the HMS Advisory Panel meeting
in February 2022. Eight written comments were received during the
public comment period.
All of the comments received on draft Amendment 14 to the 2006
Consolidated HMS FMP and the supplemental document and responses to
those comments can be found in final Amendment 14 to the 2006
Consolidated HMS FMP, at https://www.fisheries.noaa.gov/action/amendment-14-2006-consolidated-hms-fishery-management-plan-shark-quota-management.
NMFS has determined that Amendment 14 is consistent with the 2006
Consolidated HMS FMP, the Magnuson-Stevens Act, and other applicable
law. Amendment 14 establishes the general framework through which
specific management measures would later be developed and adopted,
therefore there are no implementing regulations associated with this
amendment. Any changes to the management and quotas of HMS-managed
Atlantic sharks would be considered in future rulemakings.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: January 18, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-01225 Filed 1-23-23; 8:45 am]
BILLING CODE 3510-22-P
