[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Notices]
[Pages 60132-60134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21086]


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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 availability; request for comments.

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SUMMARY: NMFS announces the availability of Draft Amendment 14 to the 
2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery 
Management Plan (FMP). Draft Amendment 14 is being undertaken to revise 
the mechanism or ``framework'' used in establishing quotas and related 
management measures for Atlantic shark fisheries. The current framework 
was established in Amendment 3 to the 2006 Consolidated Atlantic HMS 
FMP. The revised framework would 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 would also allow the option to 
phase-in ABC catch control rules and to adopt multi-year overfishing 
status determination criteria in some circumstances. Amendment 14 will 
not make changes to the current quotas or other management measures. 
Such changes would be adopted through subsequent rulemaking.

DATES: Written comments must be received by December 31, 2020. NMFS 
will hold two operator-assisted public hearings via conference calls 
and webinars on Draft Amendment 14 in October and November 2020. For 
specific dates and times, see the SUPPLEMENTARY INFORMATION section of 
this document.

ADDRESSES: Electronic copies of Draft 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.

[[Page 60133]]

    You may submit comments on this document, identified by NOAA-NMFS-
2019-0040, via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov, enter NOAA-NMFS-2019-0040 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: Guy DuBeck ([email protected]), Ian 
Miller ([email protected]), or Karyl Brewster-Geisz ([email protected]) by email, or by phone at (301) 427-8503.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that any 
FMP or FMP amendment be consistent with 10 National Standards (NS). 
Specifically, NS1 requires ``conservation and management measures 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 and 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 revisions addressed a range of issues, such as providing 
guidance on options to phase in changes to catch limits and carry over 
unused quota from one year to the next. In Draft Amendment 14, NOAA 
Fisheries is taking action to revise the mechanism or ``framework'' 
used in establishing quotas and related management measures in Atlantic 
shark fisheries, considering the revised guidance. The current 
framework was established in Amendment 3 to the 2006 Consolidated HMS 
FMP. The revised framework would incorporate for potential use several 
optional fishery management tools in the revised NS1 guidelines.
    The revised NS1 guidelines have provided NMFS the opportunity to 
increase management flexibility to ensure scientific uncertainty is 
accurately accounted for and properly account for variability in shark 
harvests. NMFS has explored options to revise the management framework 
for Atlantic shark stocks and management complexes. Specifically, 
within Draft Amendment 14, NMFS has identified the following 
objectives:
     Optimize the ability for the commercial shark fishery to 
harvest available, science-based shark quotas, to the extent 
practicable, while also considering the fairness among sectors;
     Revise the ABC control rule methodology as established in 
Amendment 3 to increase accountability and transparency when 
implementing ABCs for shark fisheries, consistent with provisions in 
the revised NS1 guidelines;
     Revise the ACL framework to reflect changes in the ABC 
control rule methodology to ensure that effective ACLs are established 
for non-prohibited shark species, taking into account scientific 
uncertainty;
     Modify the process for accounting for and distributing 
quota underharvest or overharvest in the commercial sector ACLs;
     Increase management flexibility to react to and account 
for changes in the distribution of shark harvest among sectors; and
     Increase management flexibility to appropriately react to 
scientific uncertainties, changes in stock status, or changes in 
allowable harvest levels to ensure stability within the fishery.
    NMFS published a notice of intent (NOI) to prepare an environmental 
impact statement (EIS) for Amendment 14 (84 FR 23014; May 21, 2019). 
NMFS prepared an Issues and Options paper on management options and 
held four scoping meetings to discuss scoping regarding Amendment 14. 
NMFS initially was prepared to undertake an EIS for Amendment 14 but 
determined after considering public comments, the structure of the 
Draft Amendment, and National Environmental Policy Act (NEPA) guidance 
that an EIS is not required for the Amendment. Amendment 14 will only 
establish the procedures to follow in setting the ABC, ACLs, and in 
accounting for carryover or underharvests of quotas. Amendment 14 will 
not make changes to the current quotas or other management measures. 
Any changes to ABCs, ACLs, quotas, or other measures would be made in 
future rulemakings, and would be informed by the appropriate NEPA 
analyses and public review.
    In Draft Amendment 14, NMFS considers management options in order 
to revise the shark framework that established in Amendment 3. The 
management options being considered include modifying the ABC control 
rule, revising processes for the implementation of an ABC, and 
modifying carry-over and phase-in provisions and multi-year overfishing 
status determinations. A full description of the management options 
considered, including the preferred management options, are provided in 
Draft Amendment 14. Draft Amendment 14 does not consider any changes to 
management of the prohibited shark complex.

Public Hearings

    NMFS will take into consideration public comments on Draft 
Amendment 14 before finalizing the preferred management options. The 
preferred management options may be altered or different management 
options may be adopted at the final Amendment stage. NMFS anticipates 
that Final Amendment 14 and its related documents would be available in 
2021.
    Comments on Draft Amendment 14 may be submitted via 
www.regulations.gov, and comments may also be submitted at the public 
hearings. NMFS solicits comments on this action by December 31, 2020. 
During the comment period, NMFS will hold two operator-assisted public 
hearings via conference calls and webinars (Table 1). In addition, NMFS 
will present to the HMS Advisory Panel to discuss this action. NMFS 
will announce the times of HMS Advisory Panel discussion in a future 
Federal Register notice.

[[Page 60134]]



                         Table 1--Dates and Times of Upcoming Webinars/Conference Calls
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        Venue                       Date                   Time                      Instructions
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Webinar..............  October 13, 2020.............  2-4 p.m.......  Link: https://noaanmfs-meets.webex.com/noaanmfs-meets/j.php?MTID=mc9a709850a6b36f6bce20d4fe3921108 108. Meeting number: 199 057 6075.
                                                                       Password: 2utD84dRnPv. Join by phone: 1-
                                                                       415-527-5035. Access code: 199 057 6075.
Webinar..............  November 18, 2020............  2-4 p.m.......  Link: https://noaanmfs-meets.webex.com/noaanmfs-meets/j.php?MTID=m1eef6e3722eef5185452c5e4139a5fa7 fa7. Meeting number: 199 661 2520.
                                                                       Password: mMS2QWuuF43. Join by phone: 1-
                                                                       415-527-5035. Access code: 199 661 2520.
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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 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 webinar/
conference call.

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

    Dated: September 18, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-21086 Filed 9-23-20; 8:45 am]
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