[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.

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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
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                            Text of 2006 consolidated       Text of revised FMP
       Objective #              HMS FMP objective                objective              Rationale for revision
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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.
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    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]
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