[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Notices]
[Pages 52329-52330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18651]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA086]


Atlantic Highly Migratory Species; Draft 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: Availability of a draft fishery management plan amendment; 
request for comments.

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SUMMARY: NMFS announces the availability of Draft Amendment 12 to the 
2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery 
Management Plan (FMP). The Draft 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 draft amendment does not include a 
proposed rule or regulatory text. Any operational changes to fishery 
management measures as a result of Amendment 12 would be considered in 
future rulemakings, as appropriate.

DATES: Written comments must be received by October 26, 2020. NMFS will 
hold two public hearings via conference calls and webinars for this 
draft amendment on September 23, 2020, from 2 p.m. to 4 p.m., and 
September 29, 2020 from 3 p.m. to 5 p.m. For specific dates and times, 
see the SUPPLEMENTARY INFORMATION section of this document.

ADDRESSES: Electronic copies of Draft 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. If available, hard 
copies may be obtained by contacting Rick Pearson at 727-824-5399. You 
may submit comments on this 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, enter NOAA-NMFS-2019-0096 into the search box, 
click the ``Comment Now!'' icon, complete the required fields and 
enter, or attach your comments.
    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 will generally 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).

FOR FURTHER INFORMATION CONTACT: Rick Pearson at 727-824-5399 or by 
email at [email protected] or Sarah McLaughlin by email at 
[email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that any 
FMP or FMP amendment be consistent with 10 National Standards (NS). 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, Draft Amendment 12 
reassesses, and proposes revisions to the objectives contained in the 
2006 Consolidated Atlantic HMS FMP, and proposes the adoption of 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. Draft Amendment 12 conducts the 
required review 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. Draft Amendment 12 reviews and proposes potential 
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. National Standard 2 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. Draft Amendment 12 proposes adjusting the publication date of the 
HMS SAFE Report to account for unexpected delays (e.g., data 
availability, staff availability, furloughs, emergencies, etc.).
    Draft Amendment 12 would be consistent with the revised 2016 NS

[[Page 52330]]

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. Draft 
Amendment 12 does not contain a proposed rule or regulatory text. 
Quotas or other fishery management measures will not be changed or 
affected as a result of this amendment. Any operational changes to 
fishery management measures as a result of Amendment 12 would be 
considered in future rulemakings, as appropriate. NMFS will take public 
comment into consideration before finalizing Draft Amendment 12, and 
its provisions may be altered or changed at the final amendment stage.
    NMFS published a Notice of Availability of a scoping document for 
Amendment 12 on September 3, 2019 (84 FR 45941). The scoping period 
closed on November 4, 2019. 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 preliminarily determined that Amendment 
12 would appropriately be categorically excluded from further analysis 
under the National Environmental Policy Act (NEPA).

Public Hearings

    Comments on Draft Amendment 12 may be submitted via 
www.regulations.gov (see ADDRESSES) and comments may also be submitted 
at a public hearing. NMFS solicits comments on this action by October 
26, 2020. During the comment period, NMFS will hold two public hearings 
via conference call and webinar for Draft Amendment 12 (Table 1). In 
addition, NMFS anticipates presenting at the HMS Advisory Panel meeting 
in the fall of 2020, to discuss Draft Amendment 12.

                         Table 1--Dates and Times of Upcoming Webinars/Conference Calls
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        Venue                  Date                   Time                          Instructions
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Webinar..............  September 23, 2020..  2-4 p.m..............  Link: https://noaanmfs-meets.webex.com/noaanmfs-meets/j.php?MTID=m6d4223b580c2d26883b4ca44e1d35a7a a.
                                                                    Meeting number: 199 162 5739; Password:
                                                                     D3Pn3hQt2J9.
                                                                    Join by phone: 1-415-527-5035; Access code:
                                                                     199 162 5739.
Webinar..............  September 29, 2020..  3-5 p.m..............  Link: https://noaanmfs-meets.webex.com/noaanmfs-meets/j.php?MTID=m335138f7bf5bbac0518e97789ee49776 6.
                                                                    Meeting number: 199 054 2449; Password:
                                                                     yfSEgJW24d3.
                                                                    Join by phone: 1-415-527-5035; Access code:
                                                                     199 054 2449
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    The public is reminded that NMFS expects participants at public 
webinars/conference calls to conduct themselves appropriately. At the 
beginning of each webinar/conference call, the moderator will explain 
how the webinar/conference call will be conducted and how and when 
participants can provide comments. NMFS representative(s) will 
structure the webinars/conference calls so that all members of the 
public will be able to comment, if they so choose, regardless of the 
controversial nature of the subject(s). Participants are expected to 
respect the ground rules, and those that do not may be asked to leave 
the webinars/conference calls.

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

    Dated: August 20, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-18651 Filed 8-24-20; 8:45 am]
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