[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Notices]
[Pages 36763-36764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09269]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RTID 0648-XD861


Atlantic Highly Migratory Species; Gear Considerations

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

ACTION: Notice of availability of scoping document; request for 
comments.

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SUMMARY: NMFS announces the availability of a scoping document to 
consider changes to gear regulations and requirements in fisheries 
targeting Atlantic highly migratory species (HMS). While management 
measures implemented since 1999 have helped achieve fishery management 
and conservation goals, the combination of over two decades of gear-
specific measures may have had unanticipated consequences. Changes in 
species distribution, fishing gears, fishing techniques, market 
conditions, and fishing interests may warrant a reexamination of some 
gear-specific management measures to see if they are still meeting 
applicable goals. NMFS requests comments on the options presented in 
the scoping document as well as additional ideas that may warrant 
consideration.

DATES: Written comments on this notice of availability and the scoping 
document must be received on or before July 31, 2024. Three virtual 
scoping meetings will be held during the comment period. See 
SUPPLEMENTARY INFORMATION for all meeting dates and times.

ADDRESSES: Electronic copies of the scoping document and the public 
hearing presentation may also be obtained on the internet at: https://www.fisheries.noaa.gov/action/public-comment-requested-gear-considerations-atlantic-highly-migratory-species-fisheries. You may 
submit comments on this document, identified by NOAA-NMFS-2024-0050, 
via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov, 
enter NOAA-NMFS-2024-0050 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).

FOR FURTHER INFORMATION CONTACT: Guy DuBeck ([email protected]), 
Steve Durkee ([email protected]), Becky Curtis 
([email protected]), or Karyl Brewster-Geisz ([email protected]) by email, or by phone at (301) 427-8503 for information 
on the scoping document.

SUPPLEMENTARY INFORMATION:

Background

    Atlantic HMS fisheries are managed under the 2006 Consolidated HMS 
Fishery Management Plan (FMP) and its amendments, pursuant to the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with the Atlantic 
Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS implementing 
regulations are 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,

[[Page 36764]]

fishing communities, bycatch, and safety at sea (16 U.S.C. 1851(a)(1-
10)). Under ATCA, the Secretary shall promulgate regulations as may be 
necessary and appropriate to carry out binding recommendations adopted 
by the International Commission for the Conservation of Atlantic Tunas 
(ICCAT).
    Since the 1999 Federal FMP for Atlantic Tunas, Swordfish, and 
Sharks and amendment 1 to the Atlantic Billfish FMP (64 FR 29090, May 
28, 1999), NMFS has implemented a wide range of management measures 
specific to fishing gear in order to comply with the Magnuson-Stevens 
Act and ATCA. These management measures were designed to, among other 
things, prevent or stop overfishing and to minimize bycatch to the 
extent practicable. Many of these management measures included 
restrictions on fishing gear to reduce impacts on bycatch species, 
increase post-release survivability, limit the use of some gears to 
reduce lost and derelict gear, and meet other objectives as necessary. 
While each of these management measures helped achieve fishery 
management and conservation goals, the combination of over two decades 
of gear-specific measures may have had unanticipated consequences given 
the many changes in species distributions, fishing gears, fishing 
techniques, market conditions, and fishing interests that have occurred 
over the years. These unanticipated consequences could include limiting 
fishing opportunities, which in turn may limit the ability to achieve 
optimum yield from the fisheries. Additionally, these unanticipated 
consequences may reduce the ability of fishermen to adjust their 
fishing techniques to account for a changing environment and changing 
species distributions and/or to modify their gear to be more efficient 
or less likely to catch non-target species. As such, NMFS announces the 
availability of a scoping document and requests comments to consider 
whether certain gear-specific management measures are still meeting 
applicable goals. NMFS anticipates potential changes to gear 
regulations and requirements in fisheries targeting Atlantic HMS 
through a future rulemaking.

Scoping Document

    In the scoping document, NMFS details a wide range of potential 
management options based on comments and suggestions from constituents, 
including members of the HMS Advisory Panel. See ADDRESSES section for 
information to access the scoping document and the public hearing 
presentation. NMFS is considering options to facilitate targeting of 
swordfish deeper in the water column; authorize additional species for 
certain gears along with gears under additional permit types; and 
address gear regulation inconsistencies across HMS and non-HMS 
fisheries.
    The management measures presented in the scoping document 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.

Request for Comments

    NMFS invites public comment on the options presented in the scoping 
document as well as additional ideas that could provide increased 
flexibility and still meet applicable fishery management and 
conservation goals. Three virtual scoping meetings will be held during 
the comment period (table 1). Any comments received on the scoping 
document will be used to assist in the development of options to be 
considered in a future rulemaking.

   Table 1--Dates, Times, and Information for Virtual Scoping Meeting
                        Conference Calls/Webinars
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                                                      Conference call/
         Meeting type               Date, time      webinar information
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Conference calls/Webinars.....  May 29, 2024, 5    https://
                                 p.m.-7 p.m. ET.    www.fisheries.noaa.g
                                June 28, 2024, 10   ov/action/public-
                                 a.m.-12:00 p.m.    comment-requested-
                                 ET..               gear-considerations-
                                July 17, 2024, 1    atlantic-highly-
                                 p.m.-3 p.m. ET..   migratory-species-
                                                    fisheries.
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    The public is reminded that NMFS expects participants at 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). 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.
    In addition to the scoping meetings, NMFS will discuss the topics 
in the scoping document at the May 2024 HMS Advisory Panel meeting. 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/public-comment-requested-gear-considerations-atlantic-highly-migratory-species-fisheries. NMFS 
has requested to present the scoping document to four Atlantic Regional 
Fishery Management Councils (the New England, Mid-Atlantic, South 
Atlantic, and Gulf of Mexico Fishery Management Councils) that are 
meeting during the public comment period. Please see the Councils' and 
Commissions' meeting notices for times and locations.

    Dated: April 24, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-09269 Filed 5-2-24; 8:45 am]
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