[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Rules and Regulations]
[Pages 85453-85454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24869]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[RTID 0648-XD487]


Amendment 8 Revisions to Essential Fish Habitat in the Fishery 
Management Plan for U.S. West Coast Fisheries for Highly Migratory 
Species

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

ACTION: Notification of agency decision.

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

SUMMARY: NMFS announces the approval of amendment 8 to the Fishery 
Management Plan (FMP) for the U.S. West Coast Highly Migratory Species 
(HMS). This amendment updates essential fish habitat (EFH) provisions 
in the existing HMS FMP. This amendment promotes the goals and 
objectives of the Magnuson-Stevens Fishery Conservation and Management 
Act (MSA) which requires periodic review and revision of EFH components 
of FMPs as warranted based on available information.

DATES: The amendment was approved on October 21, 2024.

[[Page 85454]]


ADDRESSES: Electronic copies of the amendment may be obtained from 
https://www.regulations.gov or the West Coast Region website at https://www.fisheries.noaa.gov/action/amendment-8-revisions-essential-fish-habitat-fishery-management-plan-us-west-coast-highly. Additional 
documents can be found on the Council's website at https://www.pcouncil.org.

FOR FURTHER INFORMATION CONTACT: Nicole Nasby-Lucas at (858) 334-2826, 
<a href="/cdn-cgi/l/email-protection#f39d9a909c9f96dd9d9280918ade9f86909280b39d9c9292dd949c85"><span class="__cf_email__" data-cfemail="4c22252f23202962222d3f2e356120392f2d3f0c22232d2d622b233a">[email protected]</span></a>, or Eric Chavez at (562) 980-4064, 
<a href="/cdn-cgi/l/email-protection#1673647f7538757e7760736c567879777738717960"><span class="__cf_email__" data-cfemail="7f1a0d161c511c171e091a053f11101e1e51181009">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The MSA requires that each regional fishery management council 
submit any FMP amendment it prepares to NMFS for review and approval, 
disapproval, or partial approval by the Secretary (16 U.S.C. 1854(a)). 
NMFS manages the HMS fisheries off the U.S. Pacific Coast under the HMS 
FMP. The Pacific Fishery Management Council (Council) prepared the FMP 
under the authority of the MSA, 16 U.S.C. 1801 et seq. Regulations 
governing U.S. fisheries and implementing the FMPs appear at 50 CFR 
parts 600 and 660.
    The MSA mandates that each FMP describe and identify EFH for the 
fishery (16 U.S.C. 1853(7)). EFH is defined as ``those waters and 
substrate necessary to fish for spawning, breeding, feeding or growth 
to maturity'' (16 U.S.C. 1802(10)). Under this authority, NMFS and the 
Council have developed a comprehensive strategy to conserve EFH. This 
includes incorporating EFH into each of the Council's FMPs, identifying 
fishing and non-fishing impacts and associated conservation 
recommendations, and other required EFH elements. EFH requirements and 
the process for periodic EFH reviews are described in the EFH 
regulations at 50 CFR 600.815(a). EFH components for each management 
unit species (MUS) were included in appendix A to the Final 
Environmental Impact Statement when NMFS approved the HMS FMP in 2004 
and have not been reviewed since that time.
    This FMP amendment includes eight major components that (1) update 
the description and identification of EFH, (2) include new maps for 
each MUS in the HMS FMP, (3) update information on life history, (4) 
update information on fishing impacts, (5) update information on non-
fishing impacts and conservation measures, (6) update text on habitat 
areas of particular concern (HAPCs), (7) update research and 
information needs, and (8) add a reference to Council's Operating 
Procedure 22 as a description of the review and revision process. The 
revised FMP text and appendix F include supporting information and 
rationale for the modifications adopted by the Council.
    Further detail describing the amendments was provided in the Notice 
of Availability (NOA) for this action and is not repeated here.

Procedural Aspects of the Amendment

    The Council submitted the amendments to the Secretary for review on 
June 28, 2024. On July 24, 2024, NMFS published the NOA for the 
amendment and requested public review and comment (87 FR 21603). Public 
comments were received pertaining to the HMS FMP amendment and are 
addressed below.
    The amendment does not add any new reporting requirements and does 
not change any regulatory requirements. Therefore, no proposed or final 
rule was prepared. This action only adds to or updates HMS EFH 
provisions in the HMS FMP.

Comments and Responses

    NMFS received seven comments during the comment period on amendment 
8 revisions to EFH in the HMS FMP, which ended on September 23, 2024. 
Six comments were in support of the amendment, and two of those 
encouraged consideration of HAPCs. One of the comments was outside of 
the scope of this action.
    Comments 1-4: The commenters expressed support for the amendment as 
a fishery management tool for the protection of species, including the 
creation of new maps, advisories on fishing impact, and recognition of 
needs for additional research.
    Response: NMFS thanks the commenters for the support of this 
amendment. NMFS agrees that the updated maps will help achieve the 
overall EFH objectives of supporting a sustainable fishery and the 
managed species' contribution to a healthy ecosystem. NMFS agrees that 
it is important to identify any potential adverse effects on EFH from 
fishing activities, including lost fishing gear and discharge of 
processing waste, and whether any additional measures are needed to 
address those adverse effects. NMFS also agrees that additional 
research is needed to improve our understanding of fish habitats, the 
functions they provide, and adverse effects from both fishing and non-
fishing activities.
    Comments 5-6: The commenters expressed support for the amendment 
and reaffirmed the importance of updating information, identifying 
fishing and non-fishing impacts, and considering HAPCs. One commenter 
was concerned about the risk of delaying protective measures for 
vulnerable areas, such as shark nurseries and migratory corridors.
    Response: NMFS thanks the commenters for the support of this 
amendment. NMFS agrees that updating species information is important 
particularly since newer information is based on current fishery-
independent information that was not available when the original EFH 
descriptions were adopted. NMFS agrees that it is important to identify 
potential adverse effects on EFH from fishing and non-fishing 
activities that may adversely affect HMS EFH along with any appropriate 
conservation measures. NMFS also agrees with the importance of HAPCs, 
although none were proposed at this time. Available data do not point 
to a focused pupping ground for sharks and available electronic tagging 
data across species reveals no specific migratory pathway within the 
U.S. Exclusive Economic Zone. However, we recommend additional research 
to collect more information that could inform consideration of HAPCs in 
the future.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 21, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-24869 Filed 10-25-24; 8:45 am]
BILLING CODE 3510-22-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>