[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29617-29620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09663]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-BM08


Atlantic Highly Migratory Species; Amendment 16 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 intent (NOI) to prepare an environmental impact 
statement (EIS); request for comments.

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

SUMMARY: NMFS announces the availability of the scoping document for 
Amendment 16 to the 2006 Consolidated Atlantic Highly Migratory Species 
(HMS) Fishery Management Plan (FMP) (Amendment 16) and its intent to 
prepare an EIS under the National Environmental Policy Act (NEPA). 
Based on the mechanism used in establishing shark quotas and related 
management measures from

[[Page 29618]]

Amendment 14 to the 2006 Consolidated HMS FMP (Amendment 14), Amendment 
16 would modify the acceptable biological catch (ABC) and annual catch 
limits (ACLs) for Atlantic sharks and the process used to account for 
carryover of underharvests of quotas. In the scoping document, NMFS 
considers changes to commercial and recreational shark management 
measures related to commercial and recreational quotas, management 
groups, retention limits, and size limits. NMFS expects to consider the 
comments received on the scoping document when developing Amendment 16.

DATES: Written comments must be received by August 18, 2023. Three in-
person scoping meetings and two virtual scoping meetings will be held 
from May through August 2023. See SUPPLEMENTARY INFORMATION for all 
meeting dates and times.

ADDRESSES: Electronic copies of the final document for Amendment 14 to 
the 2006 Consolidated HMS FMP (https://www.fisheries.noaa.gov/action/amendment-14-2006-consolidated-hms-fishery-management-plan-shark-quota-management) and the scoping document for Amendment 16 to the 2006 
Consolidated HMS FMP (https://www.fisheries.noaa.gov/action/scoping-amendment-16-2006-consolidated-atlantic-highly-migratory-species-fishery-management) may be obtained on the internet.
    You may submit comments on this document, identified by NOAA-NMFS-
2023-0010, via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov, enter NOAA-NMFS-2023-0010 into the search box, 
click the ``Comment'' 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 
https://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).
    Scoping meetings will be held virtually and in person. See 
SUPPLEMENTARY INFORMATION for more information on the locations.

FOR FURTHER INFORMATION CONTACT: Guy DuBeck ([email protected]), 
Karyl Brewster-Geisz ([email protected]), Carrie Soltanoff 
([email protected]), or Ann Williamson 
([email protected]) by email, or by phone at (301) 427-8503 for 
information on the scoping document for Amendment 16.

SUPPLEMENTARY INFORMATION:

Background

    Atlantic HMS fisheries are managed under the dual authority of 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 HMS FMP and 
its amendments are implemented by regulations at 50 CFR part 635.
    Under the Magnuson-Stevens Act, conservation and management 
measures must prevent overfishing while achieving, on a continuing 
basis, the optimum yield from each fishery (16 U.S.C. 1851(a)(1)). 
Where a fishery is determined to be in or approaching an overfished 
condition, NMFS must adopt conservation and management measures to 
prevent or end overfishing and rebuild the fishery (16 U.S.C. 
1853(a)(10) and 1854(e)). In addition, NMFS must, among other things, 
comply with the Magnuson-Stevens Act's 10 National Standards, including 
a requirement to use the best scientific information available as well 
as to consider potential impacts on residents of different States, 
efficiency, costs, fishing communities, bycatch, and safety at sea (16 
U.S.C. 1851(a)(1-10)). Internationally, the International Commission 
for the Conservation of Atlantic Tunas (ICCAT) has issued 
recommendations for the conservation of shark species caught in 
association with ICCAT fisheries, while the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES) has passed 
measures that place requirements or restrictions on the trade of some 
shark species and shark fins.
    In Amendment 14 (88 FR 4157, January 24, 2023), NMFS sets forth a 
revised framework for establishing quotas and related management 
measures for Atlantic shark fisheries. This amendment incorporated, for 
potential use, several optional fishery management tools that were 
adopted in the revised guidelines for implementing National Standard 1 
(NS1) of the Magnuson-Stevens Act (81 FR 71858, October 18, 2016). 
Amendment 14 modified the general procedures that are followed in 
establishing the ABC and ACLs, and the process used to account for 
carryover or underharvest of quotas. It also allows the option to 
phase-in ABC control rules and to adopt multi-year overfishing status 
determination criteria (SDC) in certain circumstances.
    In addition to Amendment 14, NMFS recently developed the Atlantic 
shark fishery review (SHARE) document (88 FR 16944, March 21, 2023). 
This document analyzed trends within the commercial and recreational 
shark fisheries to identify main areas of success and concerns with 
conservation and management measures and to find ways to improve 
management of the shark fishery. Overall, the review found that NMFS is 
sustainably managing shark stocks; however, the commercial shark 
fishery is in decline in terms of use of available quota and the number 
of participants. This decline is happening despite fishermen having 
available quotas for many species, and, in most regions, an open season 
year-round. The review also identified a need in the recreational 
fishery to improve angler education so that improved species 
identification could improve shark fishery data, thus improving 
management overall. The final report can be found here: https://www.fisheries.noaa.gov/action/atlantic-shark-fishery-review-share.
    Additionally, some recent national and international regulations 
are likely to have direct and indirect impacts on the commercial shark 
fishery. On December 23, 2022, President Biden signed into law the 
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 
(NDAA), Public Law 117-263. Section 5946(b) of the NDAA, which is also 
known as the Shark Fin Sales Elimination Act, makes it illegal, with 
certain exceptions, to possess, buy, sell, or transport shark fins or 
any product containing shark fins, with an exemption for smooth or 
spiny dogfish fins. The Agency is currently considering a separate rule 
to implement the Shark Fin Sales Elimination Act. Internationally, the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES) has passed measures to list all Carcharhinidae 
species (requiem sharks) under Appendix II, with a 12-month 
implementation delay. This listing means that as of November 2023, all 
of the authorized shark species, except for smoothhound sharks, in our 
fishery management unit will require CITES permits before any trade can 
occur. At this time, the impacts of the Shark Fin Sales Elimination Act 
and CITES listing are unknown. However, in the scoping document, we 
consider several management options that could

[[Page 29619]]

add flexibility to the fishery in order to be reactive to these 
additional factors affecting the Atlantic shark fisheries.
    Through the scoping document, NMFS is beginning the process under 
the revised framework for establishing quotas and related management 
measures for Atlantic shark fisheries, as established in Amendment 14. 
Additionally, the scoping document provides examples of how NMFS could 
potentially implement the ABC control rule finalized in Amendment 14, 
while also considering options on the potential process. These 
potential changes also lead NMFS to consider options to potentially 
revise commercial shark management groups and quotas, since shark ACLs 
would be revised and some of the management groups might not be 
suitable. Since external factors (markets, different state and 
international regulations, etc.) have impacted participation in the 
shark fishery, NMFS is considering options to update the commercial 
retention limits to ensure the fishery stays viable in the future. In 
the recreational shark fishery, the number of trips targeting or 
catching coastal sharks has stayed fairly consistent, while target 
effort levels for pelagic sharks have decreased significantly since the 
prohibition on shortfin mako sharks. In response to these changes, NMFS 
is reviewing the current recreational shark fishery regulations. This 
includes considering options for the authorized species list, minimum 
size limits, and bag limits. The current list of authorized species for 
recreational fishermen has been in place since 2008 when NMFS revised 
the list based on the sandbar shark stock assessment. Minimum size 
limits and bag limits for sharks are the main accountability measures 
NMFS can implement to control or adjust recreational shark harvest 
rates during the fishing year.
    Given the substantial amount of existing relevant information 
(e.g., Amendment 14, SHARE, and various state and international 
actions), the scoping document for this FMP amendment outlines some 
potential management measures for Atlantic shark fisheries. The list of 
management measures should not be considered an exhaustive list. The 
management options are intended to facilitate discussion of the merits 
of each range of topics under consideration. Interested members of the 
public are encouraged to provide specific suggestions and 
recommendations on the options or other options that NMFS should 
consider.

Request for Comments

    NMFS anticipates large overall changes to shark management through 
Amendment 16. In the scoping document, NMFS details a wide range of 
potential management options based on the framework action in Amendment 
14 and the findings from the SHARE document. The scoping document along 
with the public hearing presentation is available online at the HMS 
website: https://www.fisheries.noaa.gov/action/scoping-amendment-16-2006-consolidated-atlantic-highly-migratory-species-fishery-management. 
Three in-person scoping meetings and two virtual scoping meetings will 
be held to provide the opportunity for public comment on these 
potential management options (Table 1). Any comments received on the 
scoping document will be used to assist in the development of options 
to be considered in Amendment 16.

  Table 1--Dates, Times, and Locations of Upcoming Public Hearings and
                            Conference Calls
------------------------------------------------------------------------
                                                      Street address/
             Venue                  Date/time       webinar information
------------------------------------------------------------------------
Conference call/Webinar.......  May 25, 2023, 2    https://
                                 p.m. to 4 p.m.     www.fisheries.noaa.g
                                                    ov/action/scoping-
                                                    amendment-16-2006-
                                                    consolidated-
                                                    atlantic-highly-
                                                    migratory-species-
                                                    fishery-management.
Public Hearing................  June 13, 2023, 5   Belle Chasse
                                 p.m. to 8 p.m.     Auditorium, 8398 LA-
                                                    23, Belle Chasse, LA
                                                    70037.
Public Hearing................  June 21, 2023, 5   Cocoa Beach Public
                                 p.m. to 8 p.m.     Library, 550 North
                                                    Brevard Ave., Cocoa
                                                    Beach, FL 32931.
Public Hearing................  July 25, 2023,     Dare County Library--
                                 5:30 p.m. to       Manteo, 700 Highway
                                 8:30 p.m.          64/264, Manteo, NC
                                                    27954.
Conference call/Webinar.......  August 7, 2023, 2  https://
                                 p.m. to 4 p.m.     www.fisheries.noaa.g
                                                    ov/action/scoping-
                                                    amendment-16-2006-
                                                    consolidated-
                                                    atlantic-highly-
                                                    migratory-species-
                                                    fishery-management.
------------------------------------------------------------------------

    The public is reminded that NMFS expects participants at in-person 
and virtual scoping meetings to conduct themselves appropriately. At 
the beginning of each meeting, a representative of NMFS will explain 
the ground rules (e.g., all comments are to be directed to the Agency; 
attendees will be called to give their comments in the order in which 
they registered to speak; each attendee will have an equal amount of 
time to speak; and attendees should not interrupt one another). The in-
person meeting locations will be physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Guy DuBeck at 301-427-8503, at 
least 7 days prior to the meeting. A NMFS representative will attempt 
to structure the meeting so that all attending members of the public 
will be able to comment if they so choose, regardless of the 
controversial nature of the subject matter. If attendees do not respect 
the ground rules they will be asked to leave the scoping meeting. For 
the virtual scoping meetings, 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.

[[Page 29620]]

    In addition to the scoping meetings, NMFS will discuss the topics 
of this NOI at the HMS Advisory Panel meeting, May 9-11, 2023. The HMS 
Advisory Panel meeting will be accessible via conference call and 
webinar. Conference call and webinar access information are available 
at: https://www.fisheries.noaa.gov/action/scoping-amendment-16-2006-consolidated-atlantic-highly-migratory-species-fishery-management. NMFS 
has requested to present the scoping document to the five Atlantic 
Regional Fishery Management Councils (the New England, Mid-Atlantic, 
South Atlantic, Gulf of Mexico, and Caribbean Fishery Management 
Councils) and the Atlantic and Gulf States Marine Fisheries Commissions 
during the public comment period. Please see the Councils' and 
Commissions' meeting notices for times and locations. NMFS anticipates 
that a proposed rule and draft environment impact statement (DEIS) will 
be available in 2024 and the Final Amendment 16 and its related 
documents will be available in 2025.

    Dated: May 2, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-09663 Filed 5-5-23; 8:45 am]
BILLING CODE 3510-22-P