[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Notices]
[Pages 3504-3505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01282]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RIN 0648-BI59]


Atlantic Highly Migratory Species; Supplement to Draft Amendment 
14 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery 
Management Plan; Meeting of the Atlantic Highly Migratory Species 
Advisory Panel

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

ACTION: Notice of availability of supplement to Draft Amendment 14; 
request for comments; notice of public webinars/conference calls.

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SUMMARY: NMFS announces the availability of a supplement to 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 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. NMFS provides details for 
application of the tiered ABC control rule and reopens the comment 
period on the ABC control rule for Atlantic HMS shark fisheries and 
Amendment 14 will not make changes to the current quotas or other 
management measures. Any operational changes to HMS fishery management 
measures as a result of Amendment 14 will be considered in future 
rulemakings, as appropriate. NMFS will hold a half-day HMS Advisory 
Panel (AP) meeting on this topic in February 2022. The intent of the 
HMS AP meeting is to discuss the ABC control rule for Atlantic HMS 
shark fisheries and collect comments regarding the application of the 
tiered ABC control rule. The meeting is open to the public.

DATES: Written comments must be received by March 10, 2022. The AP 
meeting webinar and conference call will be held from 8 a.m. to 11 a.m. 
on Friday February 11, 2022. NMFS will hold one public hearing via 
webinar on supplement to Draft Amendment 14 will be held from 2 p.m. to 
4 p.m. on February 23, 2022. For specific information see the 
SUPPLEMENTARY INFORMATION section of this document.

ADDRESSES: Electronic copies of the Supplement to 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.
    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).
    The HMS AP meeting will be accessible via conference call and 
webinar. Conference call and webinar access information are available 
at: https://www.fisheries.noaa.gov/event/february-2022-hms-advisory-panel-meeting.
    Participants are strongly encouraged to log/dial in 15 minutes 
prior to the meeting. NMFS will show the presentations via webinar and 
allow public comment during identified times on the agenda.

FOR FURTHER INFORMATION CONTACT: Guy DuBeck ([email protected]) or 
Karyl Brewster-Geisz ([email protected]) by email, or by 
phone at (301) 427-8503 for information on the supplement to Draft 
Amendment 14. Peter Cooper ([email protected]) at (301) 427-8503 
for information regarding the HMS AP meeting.

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries are managed under the 
dual authority of both the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and the 
Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). The 2006 
Consolidated Atlantic HMS Fishery Management Plan (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 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. On September 24, 2020, NMFS announced the 
availability of Draft Amendment 14 to the 2006 Consolidated HMS FMP (85 
FR 60132) that considered revisions to 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.

[[Page 3505]]

    In Draft Amendment 14, NMFS considered management options in order 
to revise the ABC framework that was established in Amendment 3. The 
management options considered included 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. Full descriptions of the management options considered, 
including the preferred management options, are provided in Draft 
Amendment 14.
    In Draft Amendment 14, NMFS preferred Management Option A3, which 
would adopt a general tiered approach to ABC control rules based on 
stocks that are categorized into tiers depending on the availability 
and quality of scientific data. NMFS did not provide details for its 
application, instead explaining that the shark ABC control rule would 
be similar to the South Atlantic Fishery Management Council's tiered 
ABC control rule for Amendment 29 to the snapper grouper fishery FMP.
    During the comment period for Draft Amendment 14, the agency 
received ten written comments and a variety of verbal comments on 
preferred management options. Regarding the ABC control rule 
specifically, several commenters asked questions and requested 
additional information regarding Management Option A3. Based on these 
comments, NMFS has revised Management Option A3 and is providing 
further details in a supplement to Draft Amendment 14. These tiers 
apply to all sharks that have a stock status of healthy (i.e., not 
subject to overfishing and not overfished), experiencing overfishing, 
or unknown. For shark stocks that are: (1) Under a rebuilding plan, (2) 
assessed (or could be assessed) by the scientific body of the 
International Commission for the Conservation of Atlantic Tunas 
(ICCAT), or (3)in the prohibited shark complex, different approaches 
would apply.
    The supplemental document provides further details regarding 
preferred Management Option A3 on the ABC control rule. The remaining 
options published in Draft Amendment 14 are still being considered to 
establish the general framework through which specific management 
measures would later be developed and adopted. Any changes to the 
actual management and quotas of HMS-managed Atlantic shark stocks or 
management complexes would occur in future FMP amendments or regulatory 
actions, as appropriate.
    NMFS is requesting public comment on the additional details 
provided in the supplement on preferred Management Option A3 and the 
other management options considered under the ABC control rule from 
Draft Amendment 14. Comments on any other topic (phase-in ABC control 
rule, ACL development, carry-over of underharvested ACL, or multi-year 
overfishing status determination criteria) within Draft Amendment 14 
are not specifically being sought at this time. However, NOAA Fisheries 
would consider new comments if the additional details provided in this 
document affect how the public might comment on other issues in Draft 
Amendment 14. Previously-submitted comments should not be re-submitted 
during this comment period.
    The Magnuson-Stevens Act requires the establishment of APs and 
requires NMFS to consult with and consider the comments and views of AP 
members during the preparation and implementation of FMPs or FMP 
amendments. 16 U.S.C. 1854(g)(1)(A)-(B). NMFS meets with the HMS AP 
approximately twice each year to consider potential alternatives for 
the conservation and management of Atlantic tunas, swordfish, billfish, 
and shark fisheries, consistent with the Magnuson-Stevens Act.
    For the upcoming HMS AP meeting, we will focus on the supplement to 
Draft Amendment 14 and the ABC control rule for Atlantic HMS shark 
fisheries. Additional information and a copy of the draft agenda will 
be posted prior to the meeting at: https://www.fisheries.noaa.gov/event/february-2022-hms-advisory-panel-meeting.

Public Hearings

    NMFS will take into consideration public comments on Draft 
Amendment 14 and the supplemental document 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, although any significant changes would require 
additional notice and opportunity for public comment. NMFS anticipates 
that Final Amendment 14 and its related documents would be available in 
2022.
    Comments on supplement to Draft Amendment 14 may be submitted via 
www.regulations.gov, and comments may also be submitted at the public 
hearing. NMFS solicits comments on this action by March 10, 2022. 
During the comment period, NMFS will hold one public hearing via 
webinar. Information on the webinar will be posted at: https://www.fisheries.noaa.gov/action/amendment-14-2006-consolidated-hms-fishery-management-plan-shark-quota-management. Requests for sign 
language interpretation or other auxiliary aids should be directed to 
Guy DuBeck at [email protected] or 301-427-8503, at least 7 days 
prior to the meeting. In addition, NMFS will make a presentation on the 
supplement to the HMS AP on February 11, 2022. Information on the HMS 
AP meeting will be posted prior to the meeting at: https://www.fisheries.noaa.gov/event/february-2022-hms-advisory-panel-meeting.
    The public is reminded that NMFS expects participants at public 
webinar to conduct themselves appropriately. At the beginning of the 
webinar, the moderator will explain how the webinar 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.

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

    Dated: January 18, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-01282 Filed 1-21-22; 8:45 am]
BILLING CODE 3510-22-P