[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Notices]
[Pages 19667-19668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07167]



[[Page 19667]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB902]


Atlantic Highly Migratory Species; Initiation of 5-Year Essential 
Fish Habitat Review

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

ACTION: Notice of initiation of 5-year essential fish habitat (EFH) 
review; request for information.

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SUMMARY: NMFS announces the initiation of a 5-year review of EFH for 
Atlantic highly migratory species (HMS) under the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act). 
Consistent with the regulatory provision stating that NMFS should 
periodically review and revise or amend the EFH provisions as warranted 
based on available information, the purpose of the 5-year review is to 
evaluate the EFH provisions of the 2006 Consolidated Atlantic HMS 
Fishery Management Plan (FMP) and determine whether updates to Atlantic 
HMS EFH are warranted. The review will be based on the best information 
or data available regarding Atlantic HMS and their habitats. NMFS 
requests public submissions of information that was not previously 
included in recent updates to Atlantic HMS EFH or has become available 
since publication of Final Amendment 10 to the 2006 Consolidated 
Atlantic HMS FMP (Amendment 10), which reviewed and updated HMS EFH in 
2017.

DATES: To allow adequate time to conduct this review, NMFS must receive 
your information no later than June 6, 2022.

ADDRESSES: Electronic copies of information related to the Atlantic HMS 
EFH 5-Year Review may be obtained on the HMS Management Division 
website at: https://www.fisheries.noaa.gov/action/essential-fish-habitat-5-year-review.
    You may submit information on this document, identified by NOAA-
NMFS-2022-0036, via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov, enter ``NOAA-NMFS-2022-0036'' into the search box, 
click the ``Comment'' icon, complete the required fields, and enter or 
attach your comments.
    You may also submit information via email, with the subject 
``Atlantic HMS EFH 5-Year Review'' to <a href="/cdn-cgi/l/email-protection#37797a7164196471197f7a6472717f775958565619505841"><span class="__cf_email__" data-cfemail="c08e8d8693ee9386ee888d9385868880aeafa1a1eea7afb6">[email protected]</span></a>.
    Instructions: Comments and information 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 and 
information received are a part of the public record and may 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 and information (enter ``N/A'' in the required 
fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Jennifer Cudney 
(<a href="/cdn-cgi/l/email-protection#ed87888383848b889fc38e9889838894ad83828c8cc38a829b"><span class="__cf_email__" data-cfemail="d1bbb4bfbfb8b7b4a3ffb2a4b5bfb4a891bfbeb0b0ffb6bea7">[email protected]</span></a>) or Peter Cooper (<a href="/cdn-cgi/l/email-protection#5121342534237f323e3e213423113f3e30307f363e27"><span class="__cf_email__" data-cfemail="ccbca9b8a9bee2afa3a3bca9be8ca2a3adade2aba3ba">[email protected]</span></a>) by 
email, or by phone at (301) 427-8503.

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries (tunas, billfish, 
swordfish, and sharks) are managed under the authority of the Atlantic 
Tunas Convention Act (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.
    Section 303(a)(7) of the Magnuson-Stevens Act requires that FMPs 
describe and identify EFH based on the guidelines established by the 
Secretary under section 305(b)(1)(A) of the Magnuson-Stevens Act, 
minimize to the extent practicable adverse effects on such habitat 
caused by fishing, and identify other actions to encourage the 
conservation and enhancement of such habitat. NMFS published guidelines 
to implement the Magnuson-Stevens Act's EFH provisions in regulations 
at 50 CFR part 600, subpart J--Essential Fish Habitat and Subpart K--
EFH Coordination, Consultations, and Recommendations. EFH is defined in 
section 3(10) of the Magnuson-Stevens Act as ``those waters and 
substrate necessary to fish for spawning, breeding, feeding, or growth 
to maturity.'' The FMP regulations (50 CFR 600.815) addressing EFH 
state that fishery management councils and NMFS should periodically 
review and revise or amend the EFH provisions as warranted based on 
available information (Sec.  600.815(a)(10)).
    In 2009, NMFS completed a 5-year review of EFH for Atlantic HMS in 
Final Amendment 1 to the 2006 Consolidated Atlantic HMS FMP (Amendment 
1) (74 FR 28018, June 12, 2009). As a result of the 5-year review, in 
Amendment 1, NMFS updated and revised existing identifications and 
descriptions of EFH for Atlantic HMS, designated a Habitat Area of 
Particular Concern (HAPC) for bluefin tuna in the Gulf of Mexico, and 
updated the analysis of fishing and non-fishing impacts to EFH. In 
2010, NMFS published a Final Environmental Impact Statement for 
Amendment 3 to the 2006 Consolidated Atlantic HMS FMP that designated 
EFH for smoothhound sharks using the same methodology in Final 
Amendment 1. In 2010, NMFS also published an interpretive rule and 
final action (75 FR 57698, September 22, 2010) that added roundscale 
spearfish to the definition of terms in the Atlantic HMS regulations to 
accurately reflect the latest species determinations and taxonomic 
classification nomenclature, and defined EFH for roundscale spearfish. 
On July 1, 2015, NMFS published a Notice of Availability regarding the 
completion of another 5-year review of EFH for Atlantic HMS and a 
Notice of Intent to initiate an amendment to revise Atlantic HMS EFH 
descriptions and designations (80 FR 37598). In Final Amendment 10 (82 
FR 42329, September 7, 2017), NMFS updated and revised existing 
identifications and descriptions of EFH for Atlantic HMS; modified 
existing HAPCs for bluefin tuna and sandbar shark; created new HAPCs 
for lemon shark and sand tiger shark; and updated the analysis of 
fishing and non-fishing impacts to EFH.

Public Solicitation of New Information

    To ensure that the 5-year review is complete and based on the best 
data available regarding Atlantic HMS and their habitats and that the 
best scientific information available is used in the description and 
identification of EFH consistent with National Standard 2 of the 
Magnuson-Stevens Act, NMFS is soliciting information from the public, 
government agencies, tribes, the scientific community, industry, 
environmental entities, and any other parties, concerning EFH of 
Atlantic HMS. Categories of requested information are based on the 10 
EFH components identified in FMP regulations. These include: (1) 
Description and identification of EFH; (2) Fishing activities that may 
adversely affect EFH; (3) Non-Magnuson-Stevens Act fishing activities 
that may adversely affect EFH; (4) Non-fishing related activities that 
may adversely affect EFH; (5) Cumulative impacts analysis; (6) 
Conservation and enhancement; (7) Prey species; (8) Identification of 
HAPCs; (9) Research and information needs; and (10) Review and revision 
of EFH components of FMPs (Sec.  600.815(a)(1)-(10)). Any new 
information will be

[[Page 19668]]

considered during the 5-year review and in any related follow-up 
actions (if warranted) and may also be used in evaluating ongoing 
research and management of Atlantic HMS.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 31, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-07167 Filed 4-4-22; 8:45 am]
BILLING CODE 3510-22-P


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