Amendment 8 Revisions to Essential Fish Habitat in the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species, 85453-85454 [2024-24869]

Download as PDF Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations Closure of the October Through November 2024 BFT General Category Fishery To date, reported landings for the BFT General category October through November time period total 170.9 mt. Based on these landings data, including average daily catch rates, as well as anticipated favorable fishing conditions in the coming days, NMFS has determined that the adjusted October through November time period subquota of 192.4 mt is projected to be reached and exceeded shortly. Therefore, retaining, possessing, or landing large medium or giant (i.e., measuring 73 inches (185 cm) CFL or greater) BFT by persons aboard vessels permitted in the Atlantic Tunas General category and HMS Charter/Headboat permitted vessels (while fishing commercially) must cease at 11:30 p.m. local time on October 24, 2024. The BFT General category will automatically reopen December 1, 2024, for the December time period with a retention limit of one large medium or giant BFT per vessel per day/trip. This action applies to Atlantic Tunas General category (commercial) permitted vessels and HMS Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT and is taken consistent with the regulations at § 635.28(a)(1). lotter on DSK11XQN23PROD with RULES1 Waiver for Remaining October Through November RFDs On May 31, 2024 (89 FR 47095), NMFS published a final rule that, among other things, implemented RFDs every Sunday, Tuesday, Friday, and Saturday from July 1 through November 30, 2024. Since the fishery will be closed for the remainder of the October through November time period, NMFS has decided to waive the previouslyscheduled RFDs for the remainder of that time period. With the RFDs waived during a closure, consistent with § 635.23(a)(7), fishermen aboard General category permitted vessels and HMS Charter/ Headboat permitted vessels may tag and release BFT of all sizes, subject to the requirements of the catch-and-release and tag-and-release programs described at § 635.26(a). All BFT that are released must be handled in a manner that will maximize their survival, and without removing the fish from the water, consistent with requirements at § 635.21(a)(1). For additional information on safe handling, see the ‘‘Careful Catch and Release’’ brochure available at https:// www.fisheries.noaa.gov/resource/ VerDate Sep<11>2014 15:57 Oct 25, 2024 Jkt 265001 outreach-and-education/careful-catchand-release-brochure/. Monitoring and Reporting NMFS will continue to monitor the BFT fisheries closely. Per § 635.5(b)(2)(i)(A), dealers are required to submit landing reports within 24 hours of a dealer receiving BFT. Late reporting by dealers compromises NMFS’ ability to timely implement actions such as quota and retention limit adjustments, as well as closures, and may result in enforcement actions. Additionally, and separate from the dealer reporting requirement, General and HMS Charter/Headboat category vessel owners are required per § 635.5(a)(4) to report their own catch of all BFT retained or discarded dead within 24 hours of the landing(s) or end of each trip, by accessing https:// hmspermits.noaa.gov, using the HMS Catch Reporting app, or calling 888– 872–8862 (Monday through Friday from 8 a.m. until 4:30 p.m.). After the fishery reopens on December 1, depending on the level of fishing effort and catch rates of BFT at that time, NMFS may determine that additional adjustments are necessary to ensure available subquotas are not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas as specified under § 635.27(a)(7). If needed, subsequent adjustments will be published in the Federal Register. In addition, fishermen may access https:// hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act (16 U.S.C. 1855(d)) and regulations at 50 CFR part 635 and this action is exempt from review under Executive Order 12866. The Assistant Administrator for NMFS (AA) finds that pursuant to 5 U.S.C. 553(b)(B), it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on this action, for the following reasons. Specifically, the regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason retention limit adjustments and fishery closures to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Providing for prior notice and an opportunity to comment is impracticable and contrary to the public interest as this fishery is PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 85453 currently underway and, based on the most recent landings information, the available time period subquota is projected to be reached shortly. Delaying this action could result in BFT landings that exceed the October through November time period subquota, which may result in future potential quota reductions for other BFT categories, depending on the magnitude of a potential overharvest. Taking this action does not raise conservation and management concerns and would support effective management of the BFT fishery. NMFS notes that the public had an opportunity to comment on the underlying rulemakings that established the U.S. BFT quota and the inseason adjustment and closure criteria. For all of the above reasons, the AA also finds that pursuant to 5 U.S.C. 553(d), there is good cause to waive the 30-day delay in effective date. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: October 23, 2024. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–25020 Filed 10–23–24; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [RTID 0648–XD487] Amendment 8 Revisions to Essential Fish Habitat in the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of agency decision. AGENCY: NMFS announces the approval of amendment 8 to the Fishery Management Plan (FMP) for the U.S. West Coast Highly Migratory Species (HMS). This amendment updates essential fish habitat (EFH) provisions in the existing HMS FMP. This amendment promotes the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) which requires periodic review and revision of EFH components of FMPs as warranted based on available information. DATES: The amendment was approved on October 21, 2024. SUMMARY: E:\FR\FM\28OCR1.SGM 28OCR1 85454 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations Electronic copies of the amendment may be obtained from https://www.regulations.gov or the West Coast Region website at https:// www.fisheries.noaa.gov/action/ amendment-8-revisions-essential-fishhabitat-fishery-management-plan-uswest-coast-highly. Additional documents can be found on the Council’s website at https:// www.pcouncil.org. FOR FURTHER INFORMATION CONTACT: Nicole Nasby-Lucas at (858) 334–2826, nicole.nasby-lucas@noaa.gov, or Eric Chavez at (562) 980–4064, eric.chavez@ noaa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: lotter on DSK11XQN23PROD with RULES1 Background The MSA requires that each regional fishery management council submit any FMP amendment it prepares to NMFS for review and approval, disapproval, or partial approval by the Secretary (16 U.S.C. 1854(a)). NMFS manages the HMS fisheries off the U.S. Pacific Coast under the HMS FMP. The Pacific Fishery Management Council (Council) prepared the FMP under the authority of the MSA, 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and implementing the FMPs appear at 50 CFR parts 600 and 660. The MSA mandates that each FMP describe and identify EFH for the fishery (16 U.S.C. 1853(7)). EFH is defined as ‘‘those waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity’’ (16 U.S.C. 1802(10)). Under this authority, NMFS and the Council have developed a comprehensive strategy to conserve EFH. This includes incorporating EFH into each of the Council’s FMPs, identifying fishing and non-fishing impacts and associated conservation recommendations, and other required EFH elements. EFH requirements and the process for periodic EFH reviews are described in the EFH regulations at 50 CFR 600.815(a). EFH components for each management unit species (MUS) were included in appendix A to the Final Environmental Impact Statement when NMFS approved the HMS FMP in 2004 and have not been reviewed since that time. This FMP amendment includes eight major components that (1) update the description and identification of EFH, VerDate Sep<11>2014 15:57 Oct 25, 2024 Jkt 265001 (2) include new maps for each MUS in the HMS FMP, (3) update information on life history, (4) update information on fishing impacts, (5) update information on non-fishing impacts and conservation measures, (6) update text on habitat areas of particular concern (HAPCs), (7) update research and information needs, and (8) add a reference to Council’s Operating Procedure 22 as a description of the review and revision process. The revised FMP text and appendix F include supporting information and rationale for the modifications adopted by the Council. Further detail describing the amendments was provided in the Notice of Availability (NOA) for this action and is not repeated here. Procedural Aspects of the Amendment The Council submitted the amendments to the Secretary for review on June 28, 2024. On July 24, 2024, NMFS published the NOA for the amendment and requested public review and comment (87 FR 21603). Public comments were received pertaining to the HMS FMP amendment and are addressed below. The amendment does not add any new reporting requirements and does not change any regulatory requirements. Therefore, no proposed or final rule was prepared. This action only adds to or updates HMS EFH provisions in the HMS FMP. Comments and Responses NMFS received seven comments during the comment period on amendment 8 revisions to EFH in the HMS FMP, which ended on September 23, 2024. Six comments were in support of the amendment, and two of those encouraged consideration of HAPCs. One of the comments was outside of the scope of this action. Comments 1–4: The commenters expressed support for the amendment as a fishery management tool for the protection of species, including the creation of new maps, advisories on fishing impact, and recognition of needs for additional research. Response: NMFS thanks the commenters for the support of this amendment. NMFS agrees that the updated maps will help achieve the overall EFH objectives of supporting a PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 sustainable fishery and the managed species’ contribution to a healthy ecosystem. NMFS agrees that it is important to identify any potential adverse effects on EFH from fishing activities, including lost fishing gear and discharge of processing waste, and whether any additional measures are needed to address those adverse effects. NMFS also agrees that additional research is needed to improve our understanding of fish habitats, the functions they provide, and adverse effects from both fishing and nonfishing activities. Comments 5–6: The commenters expressed support for the amendment and reaffirmed the importance of updating information, identifying fishing and non-fishing impacts, and considering HAPCs. One commenter was concerned about the risk of delaying protective measures for vulnerable areas, such as shark nurseries and migratory corridors. Response: NMFS thanks the commenters for the support of this amendment. NMFS agrees that updating species information is important particularly since newer information is based on current fishery-independent information that was not available when the original EFH descriptions were adopted. NMFS agrees that it is important to identify potential adverse effects on EFH from fishing and nonfishing activities that may adversely affect HMS EFH along with any appropriate conservation measures. NMFS also agrees with the importance of HAPCs, although none were proposed at this time. Available data do not point to a focused pupping ground for sharks and available electronic tagging data across species reveals no specific migratory pathway within the U.S. Exclusive Economic Zone. However, we recommend additional research to collect more information that could inform consideration of HAPCs in the future. Authority: 16 U.S.C. 1801 et seq. Dated: October 21, 2024. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2024–24869 Filed 10–25–24; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\28OCR1.SGM 28OCR1

Agencies

[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Rules and Regulations]
[Pages 85453-85454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24869]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[RTID 0648-XD487]


Amendment 8 Revisions to Essential Fish Habitat in the Fishery 
Management Plan for U.S. West Coast Fisheries for Highly Migratory 
Species

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

ACTION: Notification of agency decision.

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

SUMMARY: NMFS announces the approval of amendment 8 to the Fishery 
Management Plan (FMP) for the U.S. West Coast Highly Migratory Species 
(HMS). This amendment updates essential fish habitat (EFH) provisions 
in the existing HMS FMP. This amendment promotes the goals and 
objectives of the Magnuson-Stevens Fishery Conservation and Management 
Act (MSA) which requires periodic review and revision of EFH components 
of FMPs as warranted based on available information.

DATES: The amendment was approved on October 21, 2024.

[[Page 85454]]


ADDRESSES: Electronic copies of the amendment may be obtained from 
https://www.regulations.gov or the West Coast Region website at https://www.fisheries.noaa.gov/action/amendment-8-revisions-essential-fish-habitat-fishery-management-plan-us-west-coast-highly. Additional 
documents can be found on the Council's website at https://www.pcouncil.org.

FOR FURTHER INFORMATION CONTACT: Nicole Nasby-Lucas at (858) 334-2826, 
[email protected], or Eric Chavez at (562) 980-4064, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The MSA requires that each regional fishery management council 
submit any FMP amendment it prepares to NMFS for review and approval, 
disapproval, or partial approval by the Secretary (16 U.S.C. 1854(a)). 
NMFS manages the HMS fisheries off the U.S. Pacific Coast under the HMS 
FMP. The Pacific Fishery Management Council (Council) prepared the FMP 
under the authority of the MSA, 16 U.S.C. 1801 et seq. Regulations 
governing U.S. fisheries and implementing the FMPs appear at 50 CFR 
parts 600 and 660.
    The MSA mandates that each FMP describe and identify EFH for the 
fishery (16 U.S.C. 1853(7)). EFH is defined as ``those waters and 
substrate necessary to fish for spawning, breeding, feeding or growth 
to maturity'' (16 U.S.C. 1802(10)). Under this authority, NMFS and the 
Council have developed a comprehensive strategy to conserve EFH. This 
includes incorporating EFH into each of the Council's FMPs, identifying 
fishing and non-fishing impacts and associated conservation 
recommendations, and other required EFH elements. EFH requirements and 
the process for periodic EFH reviews are described in the EFH 
regulations at 50 CFR 600.815(a). EFH components for each management 
unit species (MUS) were included in appendix A to the Final 
Environmental Impact Statement when NMFS approved the HMS FMP in 2004 
and have not been reviewed since that time.
    This FMP amendment includes eight major components that (1) update 
the description and identification of EFH, (2) include new maps for 
each MUS in the HMS FMP, (3) update information on life history, (4) 
update information on fishing impacts, (5) update information on non-
fishing impacts and conservation measures, (6) update text on habitat 
areas of particular concern (HAPCs), (7) update research and 
information needs, and (8) add a reference to Council's Operating 
Procedure 22 as a description of the review and revision process. The 
revised FMP text and appendix F include supporting information and 
rationale for the modifications adopted by the Council.
    Further detail describing the amendments was provided in the Notice 
of Availability (NOA) for this action and is not repeated here.

Procedural Aspects of the Amendment

    The Council submitted the amendments to the Secretary for review on 
June 28, 2024. On July 24, 2024, NMFS published the NOA for the 
amendment and requested public review and comment (87 FR 21603). Public 
comments were received pertaining to the HMS FMP amendment and are 
addressed below.
    The amendment does not add any new reporting requirements and does 
not change any regulatory requirements. Therefore, no proposed or final 
rule was prepared. This action only adds to or updates HMS EFH 
provisions in the HMS FMP.

Comments and Responses

    NMFS received seven comments during the comment period on amendment 
8 revisions to EFH in the HMS FMP, which ended on September 23, 2024. 
Six comments were in support of the amendment, and two of those 
encouraged consideration of HAPCs. One of the comments was outside of 
the scope of this action.
    Comments 1-4: The commenters expressed support for the amendment as 
a fishery management tool for the protection of species, including the 
creation of new maps, advisories on fishing impact, and recognition of 
needs for additional research.
    Response: NMFS thanks the commenters for the support of this 
amendment. NMFS agrees that the updated maps will help achieve the 
overall EFH objectives of supporting a sustainable fishery and the 
managed species' contribution to a healthy ecosystem. NMFS agrees that 
it is important to identify any potential adverse effects on EFH from 
fishing activities, including lost fishing gear and discharge of 
processing waste, and whether any additional measures are needed to 
address those adverse effects. NMFS also agrees that additional 
research is needed to improve our understanding of fish habitats, the 
functions they provide, and adverse effects from both fishing and non-
fishing activities.
    Comments 5-6: The commenters expressed support for the amendment 
and reaffirmed the importance of updating information, identifying 
fishing and non-fishing impacts, and considering HAPCs. One commenter 
was concerned about the risk of delaying protective measures for 
vulnerable areas, such as shark nurseries and migratory corridors.
    Response: NMFS thanks the commenters for the support of this 
amendment. NMFS agrees that updating species information is important 
particularly since newer information is based on current fishery-
independent information that was not available when the original EFH 
descriptions were adopted. NMFS agrees that it is important to identify 
potential adverse effects on EFH from fishing and non-fishing 
activities that may adversely affect HMS EFH along with any appropriate 
conservation measures. NMFS also agrees with the importance of HAPCs, 
although none were proposed at this time. Available data do not point 
to a focused pupping ground for sharks and available electronic tagging 
data across species reveals no specific migratory pathway within the 
U.S. Exclusive Economic Zone. However, we recommend additional research 
to collect more information that could inform consideration of HAPCs in 
the future.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 21, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-24869 Filed 10-25-24; 8:45 am]
BILLING CODE 3510-22-P

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