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MANAGEMENT OF
HIGHLY MIGRATORY SPECIES
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Appendix 3 PROCEDURES FOR THE MANAGEMENT OF HIGHLY MIGRATORY SPECIES
See Notice of Final Process published September 24, 1993 (58 FR 49966).
This notice establishes a general process for
the preparation and implementation of (1) FMPs, (2) FMP amendments,
and (3) international management measures for highly migratory
species (HMS) as required by the Fishery Conservation Amendments
of 1990, Pub. L. 101-627, the Magnuson Act, 16 U.S.C. 1801 et
seq., and the Atlantic Tunas Convention Act (ATCA), 16 U.S.C.
971 et seq. This process will be followed by NMFS in order to
fulfill the Secretary's responsibilities for managing HMS under
these statutes. Under the provisions of Pub. L. 101-627 for managing HMS, several possible regulatory scenarios exist including: (1) An FMP that includes no international fishery management measures (e.g., those species for which the International Convention for the Conservation of Atlantic Tunas (ICCAT) has made no recommendations to date, such as oceanic sharks); (2) an FMP that includes international fishery management measures authorized by and consistent with both Magnuson Act and ATCA requirements; and (3) international fishery management measures, based upon ICCAT recommendations, implemented under the ATCA but not yet included within an FMP (e.g., Atlantic tuna regulations promulgated under the ATCA before preparation of and inclusion in an FMP). The HMS management process established herein addresses primarily the first two of these alternatives. The process for promulgating Atlantic tuna regulations under the ATCA does not require as many steps or as much time as is required for preparation of an FMP or amendment under the Magnuson Act. The rulemaking process followed wherein ICCAT recommendations would be implemented by regulations in the absence of an FMP is discussed in this notice in abbreviated form. This particular rulemaking process will be used to implement ICCAT recommendations for an interim period until FMPs are prepared for all the HMS designated by the Magnuson Act, as amended by Pub. L. 101-627, or until any existing HMS FMPs are amended to incorporate ICCAT recommendations.
An outline of the management process, including major actions and events occurring in the order listed, for preparing, implementing, and amending FMPs for Atlantic HMS is provided below. The process is shown diagrammatically in Figure 1. HMS Management Process--Outline 1. Phase 1--Planning and Scoping 2. Phase 2--Preparation of Draft Documents; Consultations
and Meetings 3. Phase 3--Initial Public Review and Comment
Period; NEPA Public Review and Comment Period; ANPR Public Review
and Comment Period if Applicable; and Public Hearings 4. Phase 4--Preparation of Revised Documents
and Proposed Regulations; Consultations and Meetings 5. Phase 5--Final Public Review and Comment Period;
Proposed Regulations Published for Public Review and Comment
7. Phase 7--Approval and implementation 8. Phase 8--Continuing and contingency fishery
management C. Process for the Preparation and Implementation of FMPs and amendments for Atlantic HMS--Detailed Procedures 1. PHASE 1--Planning and Scoping (1) Determine the nature and scope of the resource
and management issues for the subject fishery that need to be
addressed and identify alternative management approaches for
their resolution; (2) provide consulting parties, "fishery
interests" (defined here to include representatives of
affected commercial and recreational fishery sectors, representatives
of environmental interest or other organizations, and other
interested parties), and the general public an opportunity to
communicate views and concerns early in the rulemaking process;
(3) develop a clear and concise written summary, for the species
under consideration, of the major fishery management issues
and options for addressing them (this document is referred to
as the "issues/options statement"); and (4) fulfill
the "scoping" action requirements for environmental
analyses prepared under the National Environmental Policy Act
(NEPA) (refer to section 1501.7 of 40 CFR parts 1500-1508, the
Council on Environmental Quality (CEQ) regulations for implementing
NEPA, and to NOAA Administrative Order 216-6, NOAA's guidance
for compliance with NEPA). Under NEPA, "scope" consists of the range of actions, alternatives, and impacts to be considered in an environmental impact statement (EIS) or supplemental environmental impact statement (SEIS). The scoping actions to be undertaken by NMFS in relationship to NEPA include the following: (1) Inviting participation of affected Federal, state, and local agencies, and Indian tribes, the proponents of the action, and all fishery interests; (2) determining the "scope" and the significant issues to be analyzed in depth in the environmental impact statement; (3) identifying and eliminating from detailed study the issues considered not significant or which have been covered by prior environmental review; (4) allocating assignments for preparation of an EIS among lead and cooperating Federal agencies; (5) referring to other environmental analyses being prepared or already prepared that relate to the scope of the subject EIS; and (6) indicating the relationship between the timing of preparation of the environmental analyses and NMFS' tentative planning and decisionmaking schedule. b. Notice-of-intent to prepare FMP or amendment.
NMFS will publish in the Federal Register a notice-of-intent
(notice) to prepare and implement an HMS FMP or amendment, promulgate
new or amend existing regulations, and to prepare, if applicable,
an EIS or SEIS. The notice will serve to notify the public of
any scheduled public scoping meetings. The notice will contain
the following: (1) A statement of NMFS' intent to prepare and
implement an FMP or amendment, promulgate new or amend existing
regulations, and prepare, if applicable, an EIS or SEIS; (2)
appropriate information concerning the availability of any relevant
issues/options statement (see section c below); (3) a preliminary
schedule of events; (4) date(s), time(s) and place(s) of the
scheduled scoping meeting(s); and (5) a statement of whether
or not the FMP or amendment will include any measures intended
to implement fishery management recommendations of ICCAT (or
any other international fishery management body). If necessary,
the above information may be divided and published by more than
one notice. If NMFS is preparing an EIS or SEIS in support
of the FMP or amendment, NMFS will include within the notice-of-intent,
to be published before beginning the scoping process, those
items required under the CEQ regulations (40 CFR parts 1500-1508).
These items include the following: A description of the proposed
action and possible alternatives; the agency's proposed scoping
process, including whether, when, and where scoping meetings
will be held; and the name and address of an agency contact
who can answer questions regarding the proposed action and the
EIS or SEIS. The NMFS Office of Fisheries Conservation and Management will notify consulting parties and fishery interests of forthcoming management actions regarding HMS. A "master mailing list" of affected Councils, ICCAT Commissioners and Advisory Committee members, Federal and state agencies, various fishery interests, and requesting members of the public will be maintained by this Office to mail advance notices of forthcoming actions. Also, notices of forthcoming hearings, meetings, public review and comment periods, and regulatory actions will be mailed or otherwise sent in advance to all holders of fishing permits in the applicable fishery. Copies of important draft, revised, and final documents (e.g., FMPs and amendments) will be mailed to those requesting such documents. c. Draft Issues/options statement. Regarding
the intended FMP or amendment, NMFS will prepare a succinct
draft statement of fishery issues, various options for addressing
them, and potential management objectives. This "issues/options"
statement will be prepared by NMFS at the beginning of Phase
1. d. Initial consultations. NMFS will consult during
Phase 1 with the "consulting parties" who are the
U.S. ICCAT Commissioners, the ICCAT Advisory Committee, the
affected Councils, and the Department of State and other affected
Federal agencies (e.g., U.S. Coast Guard or the U.S. Customs
Service). Consultation with some of these consulting parties
is required by Pub. L. 101-627 (i.e., with the ICCAT Commissioners
and Advisory Committee, affected Councils, and the Department
of State). Consultations may involve one meeting, or more as may be necessary, between NMFS representatives and the consulting parties. Any such meeting (or other verbal communications) may be initiated by either NMFS or a consulting party. Any meeting between NMFS and a consulting party in Phase 1 will be conducted as part of the planning and scoping process and will usually be held at the beginning of Phase 1. A summary of any meetings between NMFS and a consulting party in Phase 1 or in any other phase will be made and maintained as part of the official administrative record supporting the preparation and implementation of the subject FMP or amendment. Written comments received by NMFS from the consulting parties will also be made part of the official administrative record. e. Scoping meetings. At least one scoping meeting
will be held between NMFS representatives and fishery interests
during Phase 1. The objectives of the scoping meeting(s) are
to: (1) Allow NMFS representatives to meet directly with the
fishery interests; (2) review the draft issues/option statement
in a public forum so that each fishery interest is aware of
NMFS' views as well as those of other interests; (3) provide
all fishery interests an equal and early opportunity to present
their views; and (4) encourage discussion of any mutual concerns
relevant to the management of the subject HMS.
a. General. NMFS' objectives for Phase 2 are
to: (1) Review and consider the views of all consulting parties, fishery interests, and the general public received during Phase 1, and preparation and distribution of a revised issues/options statement; (2) prepare all draft documents required for regulatory actions to implement or amend an HMS FMP under the Magnuson Act and other applicable law; and (3) consult with the ICCAT Commissioners and Advisory Committee, the Department of State, other affected Federal agencies, and the affected Councils, regarding the fishery resource and management issues, and the proposed management measures, as required by Pub. L. 101-627. b. Revised issues/options statement. After reviewing all comments received from consulting parties, fishery interests, and the general public during Phase 1, NMFS will prepare a revised issues/options statement with necessary changes based on these comments. The revised statement is a principal result of the scoping process and will remain a concise and clear statement of management problems and issues and possible options for addressing them. It will provide a focus for subsequent planning actions, but is not intended to resolve conflicting views or to present final agency recommendations. NMFS will distribute the revised statement to all consulting parties, fishery interests who provided comments during Phase 1, and others requesting copies. c. Documents to be prepared. The draft documents
that will be prepared in Phase 2 may include the following: 2. Draft proposed regulations or proposed regulations
summary, or ANPR if applicable; 3. Draft NEPA documents (EA, DEIS, or DSEIS); 4. Draft Regulatory Impact Review (DRIR); and
Initial Regulatory Flexibility Analysis (IRFA) if applicable;
5. Draft statement assessing nature and effectiveness
of management measures for implementing the ICCAT recommendations; 6. Draft SF-83 and supporting statement for approval
of information-collection requirements under the Paperwork Reduction
Act, if applicable; 7. Draft section 7 consultation under the Endangered
Species Act; 8. Initial consistency determination under the
Coastal Zone Management Act; 9. Draft Federalism Statement and/or Assessment;
and 10. Other documents as may be required. d. Preparation strategy. NMFS, on behalf of the
Secretary, has the responsibility for preparing each draft FMP
or amendment and all other draft documents required in support
of the HMS FMP or amendment and its approval and implementation
through final regulations. The preparation of any FMP, amendment,
or other regulatory action for HMS will be directed and coordinated
by the NMFS headquarters Office of Fisheries Conservation and
Management. In preparing the draft documents, NMFS will review
and consider all comments received during Phase 1 from the consulting
parties, fishery interests, and members of the public. As appropriate, NMFS may prepare the draft FMP or amendment and some or all of the other draft supporting documents through use of an FMP-development team similar to that employed by several of the Councils. NMFS will determine on a case-by-case basis whether to use an FMP-development team as well as the team's composition and specific responsibilities. FMP development teams will work under the direction of the NMFS Office of Fisheries Conservation and Management. Where appropriate, FMP development teams will be multidisciplinary in character and will utilize scientific or other expertise outside of NMFS or other governmental agencies. The utilization of outside expertise may involve team members from non-governmental entities or may involve NMFS or the FMP-development team consulting with outside scientific and other experts. It is emphasized that regardless of the mechanics of preparing FMP and amendment documents, the supporting scientific and regulatory analyses will, at a minimum, be subject to peer review through the public review and comment process. Additionally, NMFS will actively seek the views of appropriate scientific or technical experts on these analyses, giving careful consideration to comments received. e. Document contents. Draft FMPs or amendments
will contain all provisions required by 16 U.S.C. 1853 and 1854,
and will comply with all other Magnuson Act requirements. If ICCAT recommendations are to be implemented
through a new FMP or through an amendment to an existing FMP,
the FMP or amendment and proposed implementing regulations must
meet all relevant statutory requirements of both the ATCA and
the Magnuson Act. Also, if the new FMP or amendment includes
measures implementing ICCAT recommendations under ATCA authority,
NMFS will prepare in Phase 2, and publish in the Federal Register
in Phase 3, an ANPR. The ANPR will: (1) Provide a full and clear
statement of the ICCAT recommendations; (2) express such recommendations
in as specific regulatory terms as possible; (3) state the domestic
and international considerations involved in the issuance of
the regulations; (4) contain a draft statement assessing the
nature and effectiveness of the proposed management measures
for implementing the ICCAT recommendations; and (5) provide
additional, appropriate background information. The background
information may include a summary of the fishery or fishery
resource problems being addressed, information about the international
negotiations and considerations resulting in the ICCAT recommendations,
publicly available views of any Federal agency regarding the
recommendations, and a summary of the scientific or other information
supporting the ICCAT recommendations and the proposed management
measures. NMFS intends that the ANPR, its publication in
the FederalRegister for public review and comment in Phase 3,
the public hearings held to receive testimony on it in Phase
3, and the proposed and final regulations published in Phase
5 and Phase 7 respectively, collectively will meet the provisions
of section 971d(c)(2) of the ATCA that direct the Secretary
of Commerce to publish in the Federal Register a general notice
of proposed rulemaking to carry out the subject ICCAT recommendations
and to afford interested persons the opportunity to submit written
data, views, or arguments, and to present oral testimony at
a public hearing. If a ANPR is prepared in Phase 2, it will
be published in the Federal Register in Phase 3 with a request
for public comment and it will also be available for public
review and testimony at the public hearings held during Phase
3. If the new FMP or amendment does not include measures implementing
ICCAT recommendations under ATCA authority, draft proposed regulations
or a regulations summary will be prepared instead of an ANPR.
The environmental, socioeconomic, and regulatory
impact analyses undertaken in support of the FMP or amendment
and regulations will comply with the requirements of all applicable
Federal law and Executive Orders including the Magnuson Act,
the Regulatory Flexibility Act, NEPA, Executive Order [12291]
12866, NOAA Administrative Order 216-2 (Environmental Review
Procedures), the CEQ regulations implementing NEPA at 40 CFR
parts 1500-1508, NOAA Guidelines for Fishery Management Plans
at 50 CFR part 602 (Guidelines for Fishery Management Plans),
and the NOAA/NMFS publication "Operational Guidelines--Fishery
Management Plan Process" (Operational Guidelines). f. International management recommendations. Any FMP or amendment and implementing regulations that include fishery management recommendations of ICCAT, or of another international management entity to which the United States is party, will fulfill all relevant statutory requirements. For example, an amendment to the Fishery Management Plan for Atlantic Swordfish that is intended to implement a recommendation of ICCAT must meet all relevant requirements of the ATCA as well as the Magnuson Act. (Refer also to section 2.e. of Phase 2 regarding preparation and publication of ANPRs when implementing ICCAT recommendations.) g. Timing. The time required to prepare draft
documents is discretionary and will vary substantially depending
upon: (1) Whether a new FMP or an amendment is to be prepared;
h. Consultations; meetings with fishery interests.
At the end of Phase 2, NMFS will undertake consultations regarding
the contents of all draft documents with the following consulting
parties: (1) The U.S. ICCAT Commissioners and the ICCAT Advisory
Committee (and any other commissioners and advisory groups appointed
under Acts implementing relevant international fishery agreements
to which the U.S. is party); (2) the affected Councils; and
(3) the Department of State and other affected Federal agencies.
These consultations will focus on the views of the consulting
parties regarding the draft documents prepared earlier in Phase
2. NMFS will initiate these consultations through
written or electronic correspondence to all consulting parties
and will transmit relevant draft documents for review and comment
at the appropriate time indicating time preferences for responses.
NMFS will request written responses from the consulting parties,
but will indicate whether other means of responding are acceptable
(e.g., electronic mail). Consultations may involve a meeting,
or more as may be necessary, between a consulting party and
NMFS representatives at the request of either party. NMFS prefers
to hold such meetings after the consulting parties have received
and considered the draft documents prepared in Phase 2, but
before such documents are released for general public review
and comment in Phase 3. Subsequent consultations with the consulting
parties, either during the remainder of Phase 2 or during the
following Phase 3, will be on an "as needed" basis
and may involve meetings or written correspondence. Based on
the views of the consulting parties, NMFS will revise the draft
documents as necessary prior to their release for public review
and comment in Phase 3. NMFS will ensure that the views and
comments of all consulting parties become part of the permanent
official administrative record supporting the development and
implementation of the subject HMS FMP or amendment. Pursuant
to 16 U.S.C. 971 et seq., the U.S. ICCAT Commissioners may establish
"species working groups" for highly migratory species
to provide advice and recommendations to the Commissioners and
to the Advisory Committee. NMFS will consult throughout the
rulemaking process with any such groups as requested by the
Commissioners, and will welcome and consider any comments that
such groups may provide on draft, revised, and final documents.
NMFS will consult directly with each of the five
affected Regional Fishery Management Councils. It is noted that
under the ATCA, 16 U.S.C. section 971b., the Chairmen of the
New England, NMFS representatives will meet with or otherwise communicate with fishery interests during Phase 2 at the request of the fishery interests and as time and agency resources allow. Any such meetings or communications will be held for the purpose of discussing mutual concerns and will be held at times and places considering convenience and costs for all participants. The public hearings and the public review and comment period on the draft documents during Phase 3 will provide extensive and additional opportunity for all fishery interests to present their views. NMFS will maintain a record of all meetings or other communications with fishery interests during Phase 2 as well as during any other phase. The record will summarize the discussions between NMFS representatives and the fishery interests and will be included in NMFS' administrative record supporting the development and implementation of the subject FMP or amendment. 3. Phase 3--Initial Public Review and Comment
Period; a. General. NMFS' objectives for Phase 3 are to:
(1) Provide all fishery interests and the general
public an opportunity to review and comment on the draft FMP
or amendment, supporting documents, and any draft proposed regulations
or proposed regulations summary, or ANPR if applicable; (2)
conduct public hearings at appropriate times and places to meet
concurrently the public hearing requirements or recommendations
of the ATCA, Magnuson Act, and NEPA; (3) file the D(S)EIS when
prepared in Phase 2 and conduct the NEPA public review and comment
period; and (4) publish an ANPR for public review and comment
if prepared in Phase 2. b. Notice of availability to the public; ANPR
published if applicable. NMFS will publish a notice in the FederalRegister
announcing the availability for review and comment of the following:
The draft FMP or amendment and all draft supporting documents;
the D(S)EIS or draft EA; and the draft proposed regulations
or proposed regulations summary, or ANPR if applicable. Proposed
regulations for implementing the FMP or amendment will not be
published in the Federal Register for public review and comment
until Phase 5. However, if ICCAT recommendations are to be implemented
under ATCA authority through the new FMP or amendment, NMFS
will publish a ANPR in the Federal Register at the beginning
of Phase 3 for public review and comment. (Refer to section
2.e. in Phase 2 for a discussion of the contents and objectives
of a ANPR). The notice of availability of draft documents will
provide a brief summary of the contents of the FMP or amendment
and supporting documents and will indicate what specific documents
are available for comment, where they may be obtained, comment
period deadlines, and the names, addresses, and telephone numbers
of NMFS personnel who can answer questions regarding the available
documents and/or the rulemaking process. Copies of the notice(s) of document availability
and of public hearings will be mailed to all those fishery interests
on the master mailing list as well as to holding fishing permits
in the relevant fishery. c. Review periods and comments. The Phase 3 period
for public review and comment on the draft FMP or amendment,
supporting documents, draft proposed regulations or proposed
regulations summary, or ANPR if applicable, and NEPA documents
will usually be 60 days. This period may be shorter if this
poses a significant conflict with critical management action
dates or with a time-urgent need to resolve fishery problems.
Generally, the shortest public comment period on a draft FMP
or amendment will be 45 days. NEPA requires that the public
review and comment period on a D(S)EIS be at least 45 days and
up to 60 days for good cause. The comment periods on the draft
FMP or amendment, supporting draft documents, draft NEPA documents
(D(S)EIS or draft EA), and draft proposed regulations or proposed
regulations summary, or the ANPR if applicable, will run concurrently
whenever possible. If a D(S)EIS was prepared for the draft FMP or amendment in Phase 2 pursuant to NEPA requirements, a 45-day public review and comment period will be provided as is required by regulations issued by the CEQ. This period is initiated by a formal filing of the D(S)EIS with the Environmental Protection Agency (EPA), which also publishes a Federal Register notice of the availability of the D(S)EIS for public review and comment. If an EA or Categorical Exclusion is prepared for the draft FMP or amendment, NMFS also will provide at least 45 days for public review and comment. d. Public hearings. Public hearings will be held
on the draft FMP or amendment, draft supporting documents, draft
NEPA documents (D(S)EIS or EA), and draft proposed regulations,
regulations summary, or ANPR if applicable. These hearings are
intended to meet concurrently the public hearing requirements
or recommendations of the ATCA, Magnuson Act, and NEPA. Hearings
will be conducted at appropriate times and in appropriate locations
in the geographical areas concerned so as to allow all interested
persons to be heard. The hearings will be held during the 45-day
to 60-day public comment period. A NMFS official will preside
over these hearings and receive the public testimony that will
be recorded and become part of the administrative record. The public hearings held in Phase 3 are intended to meet concurrently all public hearing requirements or recommendations of the Magnuson Act, ATCA, and NEPA. If a ANPR has been prepared in Phase 2 containing ICCAT recommendations to be implemented under ATCA authority through a new FMP or amendment, the public hearings in Phase 3 will meet the requirements of section 971d(c)(2) of the ATCA regarding opportunity for interested persons to present oral testimony at a public hearing on a general notice of proposed rulemaking that would, in final form, implement the subject ICCAT recommendations. As previously indicated, any ANPR will be published in the Federal Register at the beginning of Phase 3. 4. PHASE 4--Preparation of Revised Documents
and Proposed Regulations; Consultations and a. General. NMFS' objectives of Phase 4 are to:
(1) Consider and evaluate all comments received during the public review and comment periods of Phase 3; (2) determine what changes are required in all documents; (3) make such changes in preparing "revised" documents that are in as nearly final form as possible; (4) indicate what document changes have been made and why; (5) prepare a summary of the public comments received during Phase 3 and incorporate it appropriately into the revised documents; (6) prepare proposed regulations (or revise draft proposed regulations prepared earlier) for implementing the FMP or amendment that accurately reflect the contents of the revised FMP or amendment and other revised documents and that meet all regulatory requirements necessary for publication in the Federal Register; and (7) provide for an additional round of consultations
with the ICCAT Commissioners, the ICCAT Advisory Committee,
the Department of State and other affected Federal agencies,
and affected Councils regarding NMFS' intended final management
measures for the FMP if such measures are implementing ICCAT
recommendations under ATCA authority or other relevant international
fishery agreements pertaining to HMS. b. Documents to be prepared. The revised documents
prepared in Phase 4 may include the following: 1. Revised FMP or amendment; 2. Proposed regulations for publication in the
Federal Register; 3. Revised NEPA documents (Revised EA, draft final
Environmental Impact Statement (draft FEIS), or draft Final
Supplemental Environmental Impact Statement (draft FSEIS)); 4. Revised Regulatory Impact Review; Revised Initial
Regulatory Flexibility Analysis if applicable; 5. Revised statement assessing nature and effectiveness
ofmanagement measures for implementing the ICCAT recommendations
if applicable; 6. Final SF-83 and supporting statement for OMB
approval of collection-of-information requirements under the
Paperwork Reduction Act, if applicable; 7. Revised Federalism Assessment under E.O. 12612,
as appropriate; 9. Revised informal consultation or formal section
7 consultation under the Endangered Species Act; and 10. Other documents as may be required. c. Preparation strategy. NMFS will prepare revised documents based upon a review and evaluation of all comments received during Phases 2 and 3 from consulting parties, fishery interests, and other members of the public. If an FMP-development team prepared the draft FMP or amendment and other draft supporting documents, the team may or may not be directed by the Assistant Administrator for Fisheries to prepare the revised documents. d. Document contents. The revised documents will
contain NMFS' preferred final management measures and also the
requisite final analyses of expected biological, economic, and
social impacts. The final FMP or amendment, final supporting
documents, F(S)EIS or EA, and implementing final regulations
prepared in Phase 6 may contain changes as a result of the public
comments received in Phase 5 (see Phase 6). The general standards for the approvability and
implementation of such FMPs and amendments are provided in the
Magnuson Act, the ATCA if applicable, the NMFS Operational Guidelines--Fishery
Management Plan Process, and under 50 CFR part 602 (Guidelines
for Fishery Management Plans). If a D(S)EIS was prepared in Phase 2 and subjected to public review and comment in Phase 3, a draft F(S)EIS will be prepared in Phase 4. This draft F(S)EIS should meet all legal requirements for an F(S)EIS even though it will not be filed with EPA and subjected to the final NEPA review (cooling-off period) until Phase 7. e. Timing. The time needed to prepare the revised documents is discretionary and will vary depending upon the extent and nature of the comments received during Phase 3. Substantial revisions may require considerable time. f. Consultations; meetings with fishery interests. If management measures and regulations are being proposed under authority of the ATCA to implement ICCAT recommendations or other relevant international fishery agreements pertaining to HMS, NMFS will undertake another set of consultations at the end of Phase 4 on the revised FMP or amendment and proposed implementing regulations with the following consulting parties: (1) The U.S. ICCAT Commissioners and the ICCAT Advisory Committee; (2) the affected Councils; and (3) the Department of State and other affected
Federal agencies. NMFS will initiate these consultations through
written or electronic communications to all consulting parties
and will transmit relevant revised documents and the proposed
regulations for review and comment at the appropriate time,
indicating time preferences for responses. NMFS will request
written responses from the consulting parties, but will indicate
whether other means of responding are acceptable. Consultations
may involve a meeting, or more as may be necessary, between
a consulting party and NMFS representatives at the request of
either party. NMFS prefers to hold such meetings after the consulting
parties have received and considered the revised documents and
proposed regulations prepared in Phase 4, but before such documents
are released for general public review and comment in Phase
5. Subsequent consultations with the consulting parties, either
during the remainder of Phase 4 or during the following Phase
5, will be on an "as needed" basis and may involve
meetings or written correspondence. Based on the views of the
consulting parties, NMFS will change the revised documents and
proposed regulations as necessary prior to their release for
public review and comment in Phase 5. NMFS will ensure that
the views and comments of all consulting parties become part
of the permanent official administrative record supporting the
regulatory action for the subject HMS. NMFS representatives will meet with or otherwise communicate with fishery interests during Phase 4 at the request of the fishery interests and as time and agency resources allow. Any such meetings or communications will be held for the purpose of discussing mutual concerns and will be held at times and places considering convenience and costs for all participants. The public review and comment period on the revised documents and proposed regulations during Phase 5 will provide extensive and additional opportunity for all affected fishery interests and the general public to present their views. NMFS will maintain a record of all meetings or other communications with fishery interests during Phase 4; the record will summarize the discussions between NMFS representatives and the fishery interests and will be included in NMFS' administrative record supporting the development and implementation of the subject FMP or amendment.
a. General. NMFS' objectives in Phase 5 are to:
b. Notice of availability to the public and proposed
regulations published. NMFS will publish in the Federal Register
the following items for public review and comment: (1) Notice
of availability of the revised FMP or amendment and other revised
supporting documents for public review and comment; (2) proposed
regulations to implement the FMP or amendment; and (3) notice
of any scheduled public hearings if additional hearings are
held. The published notice of availability and proposed regulations
will provide necessary information regarding comment deadlines. c. Review periods and comments. The Phase 5 period
for public comment for the revised FMP or amendment and revised
supporting documents will usually be 60 days but may be shorter
if necessary to resolve a time-urgent fishery problem. Generally,
the shortest public comment period would be 45 days. The comment
period for the proposed regulations will be 60 days if practicable;
otherwise, it will be 45 days unless changed for good cause.
The comment periods on the revised FMP or amendment and on the
proposed regulations will run concurrently whenever possible.
6. PHASE 6--Preparation of Final Documents and
Final a. General. NMFS' objectives in Phase 6 are to:
(2) determine what final changes are necessary in all final documents and make such changes; (3) prepare the final regulations; and (4) complete all final agency requirements of documentation and regulatory procedure supporting the Phase 7 actions. b. Documents to be prepared and document contents. NMFS will prepare the final FMP or amendment, all final supporting documents, the final F(S)EIS or EA, and the final implementing regulations in appropriate form for approval, issuance, and implementation. The documents to be prepared in final form during Phase 6 include all those listed as revised (or draft in the case of the F(S)EIS) under Phase 4. The final regulations will contain a summary of, and agency responses to, the public comments on the proposed regulations received during Phase 5, as required by the APA. CEQ regulations require that an agency preparing a final EIS (FEIS) or final supplemental EIS (FSEIS) must: Assess and consider public comments, both individually and collectively, received on the D(S)EIS; respond to such comments by one of several means; and provide a summary of the comments and responses in the F(S)EIS. In this case, these comments will include those received on the D(S)EIS in Phase 3 and on the draft F(S)EIS in Phase 5. Based on the public comments received during Phase 5, NMFS may make changes in the FMP or amendment management measures and corresponding analyses of environmental, economic, and social impacts. c. Preparation strategy. NMFS will modify all
documents as necessary and appropriate based on public comments
received during Phase 5. NMFS will not conduct ex parte communications
with fishery interests or members of the public during Phase
6 except to provide FMP or amendment status information. Furthermore,
NMFS will not make public its decisions regarding the contents
of a final FMP or amendment, final supporting documents, and
final implementing regulations until the Assistant Administrator
has approved and issued the FMP or amendment publicly (see Phase
7) and filed the implementing final regulations with the Office
of the Federal Register. Consultations between NMFS and consulting parties (defined earlier) will not be held as a matter of standard agency practice during Phase 6. NMFS may hold consultations in Phase 6 under special circumstances, particularly if ICCAT recommendations are to be implemented through the FMP or amendment and the public comments received during Phase 5 have raised new and significant or problematic issues. 7. Phase 7--Approval and implementation a. General. NMFS' objectives in Phase 7 are to:
b. Approval procedures and timing. Any F(S)EIS
prepared for a final FMP or amendment will be filed with the
EPA prior to the Assistant Administrator's final approval and
issuance of such FMP or amendment. As required by the CEQ regulations
implementing NEPA, no final agency decision (here the issuance
of an FMP, amendment, or a final rule where no FMP is involved)
will be made until the later of either 90 days after publication
of the notice of availability of the D(S)EIS or 30 days after
publication of the notice of availability of the F(S)EIS. The
time of filing will be chosen so as to allow the completion
of the 30-day NEPA "cooling off" period prior to the
final agency decision. Approval of the final FMP or amendment and implementing
final regulations by the Assistant Administrator, as well as
clearance of the final regulations by the Department and OMB
for promulgation and publication in the Federal Register, will
follow standard NOAA and Departmental procedures. As delegated
by the Secretary, the Assistant Administrator will issue FMPs
or amendments for HMS in the Atlantic Ocean, Gulf of Mexico,
and Caribbean Sea. The time required for final approval and
issuance of an FMP or amendment is discretionary with the Assistant
Administrator and may vary depending upon the complexity of
the action and whether the action is to implement ICCAT recommendations
with a specific deadline. 8. PHASE 8--Continuing and contingency fishery management a. General. Once an FMP for a highly migratory
species has been approved and implemented by final regulations,
there will be a continuing need for monitoring the fishery and
the effectiveness of the FMP and undertaking necessary FMP adjustments.
Such adjustments will respond to changing fishery or resource
conditions and, for certain fisheries, respond to international
management actions and recommendations. These actions collectively
comprise the "continuing fishery management phase."
It is anticipated that many of these FMP changes
will be made through framework regulatory adjustment measures
incorporated in each FMP; accordingly, it should not be necessary
to repeat the full FMP amendment process outlined in this notice
each time a change in the regulations is required. As examples,
annual changes in quotas based upon the latest stock assessment
or the latest ICCAT recommendations and inseason regulatory
adjustments could be made through properly constructed framework
measures (see discussion below). Management adjustments will be based upon the
latest and best available scientific information concerning
the stock and fishery. Under 50 CFR 602.12, NMFS as the responsibility
to assure that an annual Stock Assessment and Fishery Evaluation
(SAFE) report is prepared, reviewed annually, and changed as
necessary, for each FMP. The SAFE report will summarize the
most recent biological conditions of the managed species as
well as the social and economic conditions of the recreational
and commercial fishing sectors and fish processing industries.
The SAFE report will also provide a basis for determining annual
harvest levels, documenting significant trends or changes in
the resource and fishery over time, assessing the effectiveness
of the management program, identifying required management adjustments,
and identifying fishery data needs. Other management adjustments will derive from recommended international fishery management measures. If ICCAT recommends new fishery management measures or changes in existing measures for a fishery managed under an implemented FMP, NMFS will consider such recommendations and, if consistent with the requirements of both the Magnuson Act and the ATCA, incorporate them in the FMP and implementing regulations. It is anticipated that the regulatory framework mechanism in each FMP will provide the authority for most such periodic changes in management measures. b. Framework management measures. To the extent
possible, NMFS/NOAA intends to include within each HMS FMP framework
regulatory adjustment procedures that facilitate making annual
and inseason changes in management measure under conditions
requiring "real time" regulatory responses to fishery
circumstances. The framework procedures will allow adjustments
to the management measures within the scope and criteria established
by the FMP and in a more expeditious manner than through the
full FMP amendment process. Framework measures will be particularly
useful where annual ICCAT recommendations for a fishery must
be implemented within tight time constraints. It is anticipated that an FMP with framework measures may initially take longer to prepare since it must: (1) Anticipate and describe situations expected to occur; (2) establish criteria, procedures, and limits for regulatory actions; (3) allow for public comment on the range of potential actions, if identifiable, and on the degree of regulatory discretion held by the Secretary; and (4) provide documentation to support the framework under other applicable law. It is noted that framework measures will not avoid meeting statutory requirements of the Magnuson Act, other applicable law, and executive orders. These requirements include full analyses of expected regulatory and environmental effects, and the opportunity for public review and comment. c. Contingency fishery management--emergency actions. Pursuant to 16 U.S.C. 1855(c), the Secretary may promulgate emergency regulations to address an emergency existing in any fishery without regard to whether an FMP exists for the fishery. Emergency regulations that change any existing FMP or amendment shall be treated as an amendment to such FMP (or amendment) for the duration of the emergency period. The Secretary can implement emergency regulations for HMS for up to 180 consecutive days from the date of publication of the emergency rule in the FederalRegister. Prior to promulgating emergency regulations for the HMS with which ICCAT is concerned, the Secretary will consult with the interested Councils, the ICCAT Commissioners and Advisory Committee, the Department of State, and other affected parties. D. Regulations implementing ICCAT recommendations
1. General The ATCA authorizes the Secretary to promulgate
regulations as may be necessary and appropriate to carry out
ICCAT recommendations under 16 U.S.C. 971d(c) upon favorable
action by the Secretary of State under 16 U.S.C. 971c(a). Section
971d(c) requires the Secretary to publish a general notice of
proposed rulemaking in theFederal Register and afford interested
persons an opportunity to participate in the rulemaking process
through submission of written data, views, or arguments and
through oral presentation at one or more public hearings. The process for preparing and amending FMPs for
highly migratory species described in this notice incorporates
these ATCA requirements so that they are met whenever the United
States acts to implement ICCAT recommendations through the FMP
and its implementing regulations. However, in the event that
the Secretary must implement ICCAT recommendations when no FMP
has been prepared or will not be prepared in sufficient time,
a summary of ATCA requirements for implementing such ICCAT recommendations
is provided below. Refer to the NOAA Action Plan (previously
discussed) for procedures and actions involved in U.S. preparations
for ICCAT meetings. 2. Requirements for regulations to carry out The following actions are required by the ATCA
for U.S. implementation, through final regulations, of recommendations
of ICCAT for the conservation and management of highly migratory
species: a. The Secretary will inform the Secretary of
State regarding actions considered appropriate for the United
States with regard to fishery management recommendations received
from ICCAT within b. The Secretary will publish in the Federal Register
a proposed rule to implement the recommendations of ICCAT and
will provide for a period for public review and written comment,
and for one or more public hearings. The proposed regulations
shall contain (a) a statement of the considerations involved
in issuing the regulations, and (b) a statement assessing the
nature and effectiveness of the measures for implementing the
recommendations of ICCAT that are being or will be carried out
by other countries whose vessels fish for the subject species
in the Atlantic Tunas Convention Area; and c. The Secretary will consider public comments, revise the regulations as necessary, and publish final regulations in theFederal Register. These regulations will be applicable to all vessels and individuals subject to U.S. jurisdiction on the date prescribed by the Secretary. The preamble of the final regulations will summarize and respond to public comments. The final regulations generally will become effective 30 days after the date of filing with the Office of the Federal Register, as provided for under the APA. Figure 1. Process for Development and Implementation of Fishery Management Plans (FMPs) and Amendments for Atlantic Highly Migratory Species (HMS) Note: The actions referred to below are those
taken by NMFS in preparing and implementing HMS FMPs and Amendments.
Refer Phase 1-Planning and Scoping (no fixed time) Publish Federal Register (FR) notices of: Intent to prepare FMP or amendment and environmental impact statement (EIS) or supplemental EIS (SEIS) (if applicable); and of availability of issues/options statement; Prepare issues/options statement and distribute to consulting parties and fishery interests; Scoping meetings; other meetings with fishery interests as requested; and Consult ICCAT Commissioners/Advisory Committee, Councils, and affected Federal agencies;
Consider consultants'/fishery interests'/public comments received in Phase 1; prepare revised issues/options statement and distribute to consultants and fishery interests; Prepare draft documents: FMP/Amendment; draft proposed regulations or regulations summary or Advance Notice of Proposed Rulemaking (ANPR) if applicable; NEPA documents (EIS, SEIS, or EA); RIR; initial RFA; ICCAT Effectiveness Statement; PRA package; section 7 consultation under ESA; initial CZMA Consistency Determination; and other supporting draft documents; Consult ICCAT Commissioners/Advisory Committee, Councils, and affected Federal agencies; and Meet with fishery interests as requested. Phase 3-Initial Public Review/Comment (60 days) Publish FR notice of availability of draft FMP/Amendment and draft supporting documents for public review and comment (60 days); Publish ANPR in FR, if applicable and after DOC/OMB clearances, for public review and comment (60 days); File draft NEPA documents (EIS or SEIS) with EPA
for public review and comment (45 days); and
Consider consultants'/fishery interests'/public comments received in Phase 3; Prepare revised documents: FMP/Amendment; RIR; RFA; PRA package; section 7 consultation; CZMA Consistency Determination; and other revised supporting documents. Prepare draft final NEPA documents (FEIS, FSEIS, or EA). Prepare proposed regulations; Consult ICCAT Commissioners/Advisory Committee, Councils, and affected Federal agencies; and Meet with fishery interests as requested.
Publish FR notice of availability of revised FMP/Amendment and supporting documents for public review and comment (60 days); and Publish FR notice of proposed regulations, after DOC/OMB clearances, for public review and comment (60 days).
Review and consider consultants'/fishery interests'/public comments; and Prepare final documents: FMP/Amendment; RIR; RFA; PRA package; section 7 consultation; and other final supporting documents. Prepare final NEPA documents (FEIS, FSEIS, or EA). Prepare final regulations. Phase 7-FMP/Amendment Approval and Implementation (at least 30 days) File final NEPA documents (FEIS or FSEIS) with EPA for NEPA cooling-off period (30 days); Assistant Administrator for Fisheries (AA) approves and issues the FMP/Amendment after the NEPA cooling-off period; AA approves the final regulations and transmits to DOC/OMB for clearances to publish; Publish final regulations in FR after DOC/OMB clearances; and Final regulations effective after APA 30-day delayed effectiveness period unless shorter periods are warranted for good cause.
Framework regulatory adjustment measures incorporated in HMS FMPs and used for periodic management program changes or actions (e.g., annual management adjustments incorporating ICCAT recommendations and inseason management actions); and Emergency management actions under the Magnuson Act. Appendix 4 Procedures for the Management of Highly Migratory Species
See Notice of Final Process published September
24, 1993
This notice establishes a general process for
the preparation and implementation of (1) FMPs, (2) FMP amendments,
and (3) international management measures for highly migratory
species (HMS) as required by the Fishery Conservation Amendments
of 1990, Pub. L. 101-627, the Magnuson Act, 16 U.S.C. 1801 et
seq., and the Atlantic Tunas Convention Act (ATCA), 16 U.S.C.
971 et seq. This process will be followed by NMFS in order to
fulfill the Secretary's responsibilities for managing HMS under
these statutes. Under the provisions of Pub. L. 101-627 for managing HMS, several possible regulatory scenarios exist including: (1) An FMP that includes no international fishery management measures (e.g., those species for which the International Convention for the Conservation of Atlantic Tunas (ICCAT) has made no recommendations to date, such as oceanic sharks); (2) an FMP that includes international fishery management measures authorized by and consistent with both Magnuson Act and ATCA requirements; and (3) international fishery management measures, based upon ICCAT recommendations, implemented under the ATCA but not yet included within an FMP (e.g., Atlantic tuna regulations promulgated under the ATCA before preparation of and inclusion in an FMP). The HMS management process established herein addresses primarily the first two of these alternatives. The process for promulgating Atlantic tuna regulations under the ATCA does not require as many steps or as much time as is required for preparation of an FMP or amendment under the Magnuson Act. The rulemaking process followed wherein ICCAT recommendations would be implemented by regulations in the absence of an FMP is discussed in this notice in abbreviated form. This particular rulemaking process will be used to implement ICCAT recommendations for an interim period until FMPs are prepared for all the HMS designated by the Magnuson Act, as amended by Pub. L. 101-627, or until any existing HMS FMPs are amended to incorporate ICCAT recommendations.
An outline of the management process, including major actions and events occurring in the order listed, for preparing, implementing, and amending FMPs for Atlantic HMS is provided below. The process is shown diagrammatically in Figure 1. HMS Management Process--Outline 1. Phase 1--Planning and Scoping 2. Phase 2--Preparation of Draft Documents; Consultations
and Meetings 3. Phase 3--Initial Public Review and Comment
Period; NEPA Public Review and Comment Period; ANPR Public Review
and Comment Period if Applicable; and Public Hearings 4. Phase 4--Preparation of Revised Documents
and Proposed 5. Phase 5--Final Public Review and Comment Period;
7. Phase 7--Approval and implementation 8. Phase 8--Continuing and contingency fishery
management 1. PHASE 1--Planning and Scoping Under NEPA, "scope" consists of the
range of actions, alternatives, and impacts to be considered
in an environmental impact statement (EIS) or supplemental environmental
impact statement (SEIS). The scoping actions to be undertaken
by NMFS in relationship to NEPA include the following: (1) Inviting
participation of affected Federal, state, and local agencies,
and Indian tribes, the proponents of the action, and all fishery
interests; (2) determining the "scope" and the significant
issues to be analyzed in depth in the environmental impact statement;
(3) identifying and eliminating from detailed study the issues considered not significant or which have been covered by prior environmental review; (4) allocating assignments for preparation of an EIS among lead and cooperating Federal agencies; (5) referring to other environmental analyses being prepared or already prepared that relate to the scope of the subject EIS; and (6) indicating the relationship between the timing of preparation of the environmental analyses and NMFS' tentative planning and decisionmaking schedule. b. Notice-of-intent to prepare FMP or amendment. NMFS will publish in the Federal Register a notice-of-intent (notice) to prepare and implement an HMS FMP or amendment, promulgate new or amend existing regulations, and to prepare, if applicable, an EIS or SEIS. The notice will serve to notify the public of any scheduled public scoping meetings. The notice will contain the following: (1) A statement of NMFS' intent to prepare and implement an FMP or amendment, promulgate new or amend existing regulations, and prepare, if applicable, an EIS or SEIS; (2) appropriate information concerning the availability of any relevant issues/options statement (see section c below); (3) a preliminary schedule of events; (4) date(s), time(s) and place(s) of the scheduled scoping meeting(s); and (5) a statement of whether or not the FMP or amendment
will include any measures intended to implement fishery management
recommendations of ICCAT (or any other international fishery
management body). If necessary, the above information may be
divided and published by more than one notice. If NMFS is preparing an EIS or SEIS in support
of the FMP or amendment, NMFS will include within the notice-of-intent,
to be published before beginning the scoping process, those
items required under the CEQ regulations (40 CFR parts 1500-1508).
These items include the following: A description of the proposed
action and possible alternatives; the agency's proposed scoping
process, including whether, when, and where scoping meetings
will be held; and the name and address of an agency contact
who can answer questions regarding the proposed action and the
EIS or SEIS. The NMFS Office of Fisheries Conservation and Management will notify consulting parties and fishery interests of forthcoming management actions regarding HMS. A "master mailing list" of affected Councils, ICCAT Commissioners and Advisory Committee members, Federal and state agencies, various fishery interests, and requesting members of the public will be maintained by this Office to mail advance notices of forthcoming actions. Also, notices of forthcoming hearings, meetings, public review and comment periods, and regulatory actions will be mailed or otherwise sent in advance to all holders of fishing permits in the applicable fishery. Copies of important draft, revised, and final documents (e.g., FMPs and amendments) will be mailed to those requesting such documents. c. Draft Issues/options statement. Regarding
the intended FMP or amendment, NMFS will prepare a succinct
draft statement of fishery issues, various options for addressing
them, and potential management objectives. This "issues/options"
statement will be prepared by NMFS at the beginning of Phase
1. If ICCAT has recommended management measures for the fishery under consideration, the draft issues/options statement will outline the Secretary's preliminary recommendations as to the appropriate U.S. actions to implement any ICCAT recommendations. The draft issues/options statement will be available to the public upon request, will be summarized in the notice-of-intent, will be distributed to all relevant fishery interests for review and comment, and will be made available at any public scoping meetings and for the initial consultations held during Phase 1. d. Initial consultations. NMFS will consult during
Phase 1 with the "consulting parties" who are the
U.S. ICCAT Commissioners, the ICCAT Advisory Committee, the
affected Councils, and the Department of State and other affected
Federal agencies (e.g., U.S. Coast Guard or the U.S. Customs
Service). Consultation with some of these consulting parties
is required by Pub. L. 101-627 (i.e., with the ICCAT Commissioners
and Advisory Committee, affected Councils, and the Department
of State). The initial consultations in Phase 1, as well as the consultations indicated in Phase 2 and Phase 4, will always involve written or electronic correspondence from NMFS to all consulting parties transmitting appropriate documents for the consulting parties' review and comment. NMFS will request the views of the consulting parties in writing. Documents will be provided to the consulting parties in a timely manner and prior to their release for general public review and comment; these documents will include the draft issues/options statement (Phase 1), the draft documents (Phase 2), and the revised documents (Phase 4). Specifically in Phase 1, copies of the draft issues/options
statement, and later the revised statement, will be provided
at appropriate times to all consulting parties. Based on the
views of the consulting parties, NMFS will revise documents
as necessary prior to their release for public review and comment. Consultations may involve one meeting, or more as may be necessary, between NMFS representatives and the consulting parties. Any such meeting (or other verbal communications) may be initiated by either NMFS or a consulting party. Any meeting between NMFS and a consulting party in Phase 1 will be conducted as part of the planning and scoping process and will usually be held at the beginning of Phase 1. A summary of any meetings between NMFS and a consulting party in Phase 1 or in any other phase will be made and maintained as part of the official administrative record supporting the preparation and implementation of the subject FMP or amendment. Written comments received by NMFS from the consulting parties will also be made part of the official administrative record. e. Scoping meetings. At least one scoping meeting
will be held between NMFS representatives and fishery interests
during Phase 1. The objectives of the scoping meeting(s) are
to: (1) Allow NMFS representatives to meet directly with the
fishery interests; (2) review the draft issues/option statement
in a public forum so that each fishery interest is aware of
NMFS' views as well as those of other interests; (3) provide
all fishery interests an equal and early opportunity to present
their views; and (4) encourage discussion of any mutual concerns
relevant to the management of the subject HMS. Scoping meetings will be initiated by NMFS, will be open to the public, and will be announced and scheduled at times and places considered convenient for fishery interests. The date, location, and time of each scoping meeting will be announced by timelyFederal Register notice. Fishery interests will be notified directly by NMFS through appropriate mailings or other reliable means of communication (e.g., electronic facsimile transmission). NMFS will maintain a record of all scoping meetings, including a summary of the discussions between NMFS representatives and the fishery interests, that will be included in NMFS' administrative record supporting the preparation and implementation of the subject FMP or amendment.
a. General. NMFS' objectives for Phase 2 are
to: b. Revised issues/options statement. After reviewing all comments received from consulting parties, fishery interests, and the general public during Phase 1, NMFS will prepare a revised issues/options statement with necessary changes based on these comments. The revised statement is a principal result of the scoping process and will remain a concise and clear statement of management problems and issues and possible options for addressing them. It will provide a focus for subsequent planning actions, but is not intended to resolve conflicting views or to present final agency recommendations. NMFS will distribute the revised statement to all consulting parties, fishery interests who provided comments during Phase 1, and others requesting copies. c. Documents to be prepared. The draft documents
that will be prepared in Phase 2 may include the following: d. Preparation strategy. NMFS, on behalf of the
Secretary, has the responsibility for preparing each draft FMP
or amendment and all other draft documents required in support
of the HMS FMP or amendment and its approval and implementation
through final regulations. The preparation of any FMP, amendment,
or other regulatory action for HMS will be directed and coordinated
by the NMFS headquarters Office of Fisheries Conservation and
Management. In preparing the draft documents, NMFS will review
and consider all comments received during Phase 1 from the consulting
parties, fishery interests, and members of the public. As appropriate, NMFS may prepare the draft FMP or amendment and some or all of the other draft supporting documents through use of an FMP-development team similar to that employed by several of the Councils. NMFS will determine on a case-by-case basis whether to use an FMP-development team as well as the team's composition and specific responsibilities. FMP development teams will work under the direction of the NMFS Office of Fisheries Conservation and Management. Where appropriate, FMP development teams will be multidisciplinary in character and will utilize scientific or other expertise outside of NMFS or other governmental agencies. The utilization of outside expertise may involve team members from non-governmental entities or may involve NMFS or the FMP-development team consulting with outside scientific and other experts. It is emphasized that regardless of the mechanics of preparing FMP and amendment documents, the supporting scientific and regulatory analyses will, at a minimum, be subject to peer review through the public review and comment process. Additionally, NMFS will actively seek the views of appropriate scientific or technical experts on these analyses, giving careful consideration to comments received. e. Document contents. Draft FMPs or amendments
will contain all provisions required by 16 U.S.C. 1853 and 1854,
and will comply with all other Magnuson Act requirements. If ICCAT recommendations are to be implemented
through a new FMP or through an amendment to an existing FMP,
the FMP or amendment and proposed implementing regulations must
meet all relevant statutory requirements of both the ATCA and
the Magnuson Act. Also, if the new FMP or amendment includes
measures implementing ICCAT recommendations under ATCA authority,
NMFS will prepare in Phase 2, and publish in the Federal Register
in Phase 3, an ANPR. The ANPR will: (1) Provide a full and clear
statement of the ICCAT recommendations; (2) express such recommendations
in as specific regulatory terms as possible; (3) state the domestic
and international considerations involved in the issuance of
the regulations; (4) contain a draft statement assessing the
nature and effectiveness of the proposed management measures
for implementing the ICCAT recommendations; and (5) provide
additional, appropriate background information. The background
information may include a summary of the fishery or fishery
resource problems being addressed, information about the international
negotiations and considerations resulting in the ICCAT recommendations,
publicly available views of any Federal agency regarding the
recommendations, and a summary of the scientific or other information
supporting the ICCAT recommendations and the proposed management
measures. NMFS intends that the ANPR, its publication in
the FederalRegister for public review and comment in Phase 3,
the public hearings held to receive testimony on it in Phase
3, and the proposed and final regulations published in Phase
5 and Phase 7 respectively, collectively will meet the provisions
of section 971d(c)(2) of the ATCA that direct the Secretary
of Commerce to publish in the Federal Register a general notice
of proposed rulemaking to carry out the subject ICCAT recommendations
and to afford interested persons the opportunity to submit written
data, views, or arguments, and to present oral testimony at
a public hearing. If a ANPR is prepared in Phase 2, it will
be published in the Federal Register in Phase 3 with a request
for public comment and it will also be available for public
review and testimony at the public hearings held during Phase
3. If the new FMP or amendment does not include measures
implementing ICCAT recommendations under ATCA authority, draft
proposed regulations or a regulations summary will be prepared
instead of an ANPR. The environmental, socioeconomic, and regulatory
impact analyses undertaken in support of the FMP or amendment
and regulations will comply with the requirements of all applicable
Federal law and Executive Orders including the Magnuson Act,
the Regulatory Flexibility Act, NEPA, Executive Order [12291]
12866, NOAA Administrative Order 216-2 (Environmental Review
Procedures), the CEQ regulations implementing NEPA at 40 CFR
parts 1500-1508, NOAA Guidelines for Fishery Management Plans
at 50 CFR part 602 (Guidelines for Fishery Management Plans),
and the NOAA/NMFS publication "Operational Guidelines--Fishery
Management Plan Process" (Operational Guidelines). The draft FMP or amendment and supporting analyses
will examine fully all significant and appropriate fishery issues,
propose alternative management measures to address the identified
fishery issues or problems, assess the environmental, economic,
and social impacts of each alternative measure, and identify
the preferred measures if at all possible. Finally, the FMP
or amendment will identify research and information priorities,
including observer requirements and necessary data collection
and analysis, for managing the fishery of concern; new or revised
collection of information requirements will be processed under
usual agency procedures for compliance with the Paperwork Reduction
Act. f. International management recommendations. Any FMP or amendment and implementing regulations that include fishery management recommendations of ICCAT, or of another international management entity to which the United States is party, will fulfill all relevant statutory requirements. For example, an amendment to the Fishery Management Plan for Atlantic Swordfish that is intended to implement a recommendation of ICCAT must meet all relevant requirements of the ATCA as well as the Magnuson Act. (Refer also to section 2.e. of Phase 2 regarding preparation and publication of ANPRs when implementing ICCAT recommendations.) g. Timing. The time required to prepare draft
documents is discretionary and will vary substantially depending
upon: (1) Whether a new FMP or an amendment is to be prepared;
(2) whether there are specific ICCAT recommendations for new or revised fishery management measures not already authorized through existing framework regulatory adjustment procedures, and whether such measures constitute all or part of the FMP or amendment; and (3) the extent and complexity of the fishery management issues to be analyzed and addressed. h. Consultations; meetings with fishery interests. At the end of Phase 2, NMFS will undertake consultations regarding the contents of all draft documents with the following consulting parties: (1) The U.S. ICCAT Commissioners and the ICCAT Advisory Committee (and any other commissioners and advisory groups appointed under Acts implementing relevant international fishery agreements to which the U.S. is party); (2) the affected Councils; and (3) the Department of State and other affected
Federal agencies. These consultations will focus on the views
of the consulting parties regarding the draft documents prepared
earlier in Phase 2. NMFS will initiate these consultations through
written or electronic correspondence to all consulting parties
and will transmit relevant draft documents for review and comment
at the appropriate time indicating time preferences for responses.
NMFS will request written responses from the consulting parties,
but will indicate whether other means of responding are acceptable
(e.g., electronic mail). Consultations may involve a meeting,
or more as may be necessary, between a consulting party and
NMFS representatives at the request of either party. NMFS prefers
to hold such meetings after the consulting parties have received
and considered the draft documents prepared in Phase 2, but
before such documents are released for general public review
and comment in Phase 3. Subsequent consultations with the consulting
parties, either during the remainder of Phase 2 or during the
following Phase 3, will be on an "as needed" basis
and may involve meetings or written correspondence. Based on
the views of the consulting parties, NMFS will revise the draft
documents as necessary prior to their release for public review
and comment in Phase 3. NMFS will ensure that the views and
comments of all consulting parties become part of the permanent
official administrative record supporting the development and
implementation of the subject HMS FMP or amendment. Pursuant
to 16 U.S.C. 971 et seq., the U.S. ICCAT Commissioners may establish
"species working groups" for highly migratory species
to provide advice and recommendations to the Commissioners and
to the Advisory Committee. NMFS will consult throughout the
rulemaking process with any such groups as requested by the
Commissioners, and will welcome and consider any comments that
such groups may provide on draft, revised, and final documents.
NMFS will consult directly with each of the five
affected Regional Fishery Management Councils. It is noted that
under the ATCA, 16 U.S.C. section 971b., the Chairmen of the
New England, NMFS representatives will meet with or otherwise communicate with fishery interests during Phase 2 at the request of the fishery interests and as time and agency resources allow. Any such meetings or communications will be held for the purpose of discussing mutual concerns and will be held at times and places considering convenience and costs for all participants. The public hearings and the public review and comment period on the draft documents during Phase 3 will provide extensive and additional opportunity for all fishery interests to present their views. NMFS will maintain a record of all meetings or other communications with fishery interests during Phase 2 as well as during any other phase. The record will summarize the discussions between NMFS representatives and the fishery interests and will be included in NMFS' administrative record supporting the development and implementation of the subject FMP or amendment. 3. Phase 3--Initial Public Review and Comment
Period; a. General. NMFS' objectives for Phase 3 are to:
(2) conduct public hearings at appropriate times and places to meet concurrently the public hearing requirements or recommendations of the ATCA, Magnuson Act, and NEPA; (3) file the D(S)EIS when prepared in Phase 2 and conduct the NEPA public review and comment period; and (4) publish an ANPR for public review and comment
if prepared in Phase 2. After completing preparation of the draft FMP
or amendment, all draft supporting documents, draft proposed
implementing regulations, regulations summary, or ANPR, and
draft NEPA documents, NMFS will release them as soon as possible
for public review and comment at the beginning of Phase 3. The public review periods will begin upon publication
in theFederal Register of a notice of availability of draft
documents for public review and comment, publication in the
Federal Register of any ANPR, and publication, by the Environmental
Protection Agency, in the Federal Register of a notice of availability
of the D(S)EIS for public review and comment. A notice of scheduled public hearings will be
published in theFederal Register providing advance notice of
dates, times, and places. This notice may be combined with the
previously described notice of availability of draft documents. Copies of the notice(s) of document availability
and of public hearings will be mailed to all those fishery interests
on the master mailing list as well as to holding fishing permits
in the relevant fishery. c. Review periods and comments. The Phase 3 period
for public review and comment on the draft FMP or amendment,
supporting documents, draft proposed regulations or proposed
regulations summary, or ANPR if applicable, and NEPA documents
will usually be 60 days. This period may be shorter if this
poses a significant conflict with critical management action
dates or with a time-urgent need to resolve fishery problems.
Generally, the shortest public comment period on a draft FMP
or amendment will be 45 days. NEPA requires that the public
review and comment period on a D(S)EIS be at least 45 days and
up to 60 days for good cause. The comment periods on the draft
FMP or amendment, supporting draft documents, draft NEPA documents
(D(S)EIS or draft EA), and draft proposed regulations or proposed
regulations summary, or the ANPR if applicable, will run concurrently
whenever possible. As a matter of standard agency practice, NMFS
will not respond to or address public comments received during
Phase 3 on an individual basis unless such comments are concerned
with the D(S)EIS. All comments received in Phase 3 will be considered
carefully and evaluated by NMFS during Phase 4 in preparing
the revised FMP or amendment, revised supporting documents,
the draft F(S)EIS, and proposed implementing regulations. The
comments received during Phase 3 will be part of the permanent
administrative record supporting development and implementation
of the FMP or amendment. If a D(S)EIS was prepared for the draft FMP or amendment in Phase 2 pursuant to NEPA requirements, a 45-day public review and comment period will be provided as is required by regulations issued by the CEQ. This period is initiated by a formal filing of the D(S)EIS with the Environmental Protection Agency (EPA), which also publishes a Federal Register notice of the availability of the D(S)EIS for public review and comment. If an EA or Categorical Exclusion is prepared for the draft FMP or amendment, NMFS also will provide at least 45 days for public review and comment. d. Public hearings. Public hearings will be held
on the draft FMP or amendment, draft supporting documents, draft
NEPA documents (D(S)EIS or EA), and draft proposed regulations,
regulations summary, or ANPR if applicable. These hearings are
intended to meet concurrently the public hearing requirements
or recommendations of the ATCA, Magnuson Act, and NEPA. Hearings
will be conducted at appropriate times and in appropriate locations
in the geographical areas concerned so as to allow all interested
persons to be heard. The hearings will be held during the 45-day
to 60-day public comment period. A NMFS official will preside
over these hearings and receive the public testimony that will
be recorded and become part of the administrative record. The public hearings held in Phase 3 are intended to meet concurrently all public hearing requirements or recommendations of the Magnuson Act, ATCA, and NEPA. If a ANPR has been prepared in Phase 2 containing ICCAT recommendations to be implemented under ATCA authority through a new FMP or amendment, the public hearings in Phase 3 will meet the requirements of section 971d(c)(2) of the ATCA regarding opportunity for interested persons to present oral testimony at a public hearing on a general notice of proposed rulemaking that would, in final form, implement the subject ICCAT recommendations. As previously indicated, any ANPR will be published in the Federal Register at the beginning of Phase 3. 4. PHASE 4--Preparation of Revised Documents
and a. General. NMFS' objectives of Phase 4 are to:
(2) determine what changes are required in all documents; (3) make such changes in preparing "revised" documents that are in as nearly final form as possible; (4) indicate what document changes have been made
and why; (5) prepare a summary of the public comments received
during Phase 3 and incorporate it appropriately into the revised
documents; (6) prepare proposed regulations (or revise draft proposed regulations prepared earlier) for implementing the FMP or amendment that accurately reflect the contents of the revised FMP or amendment and other revised documents and that meet all regulatory requirements necessary for publication in the Federal Register; and (7) provide for an additional round of consultations
with the ICCAT Commissioners, the ICCAT Advisory Committee,
the Department of State and other affected Federal agencies,
and affected Councils regarding NMFS' intended final management
measures for the FMP if such measures are implementing ICCAT
recommendations under ATCA authority or other relevant international
fishery agreements pertaining to HMS. b. Documents to be prepared. The revised documents
prepared in Phase 4 may include the following: 2. Proposed regulations for publication in the
Federal Register; 3. Revised NEPA documents (Revised EA, draft final
Environmental Impact Statement (draft FEIS), or draft Final
Supplemental Environmental Impact Statement (draft FSEIS)); 4. Revised Regulatory Impact Review; Revised Initial
Regulatory Flexibility Analysis if applicable; 5. Revised statement assessing nature and effectiveness
of management measures for implementing the ICCAT recommendations
if applicable; 6. Final SF-83 and supporting statement for OMB
approval 7. Revised Federalism Assessment under E.O. 12612,
as appropriate; 8. Revised consistency determinations under Coastal
Zone Management Act (letters from NMFS to appropriate States); 9. Revised informal consultation or formal section
7 consultation under the Endangered Species Act; and 10. Other documents as may be required. c. Preparation strategy. NMFS will prepare revised documents based upon a review and evaluation of all comments received during Phases 2 and 3 from consulting parties, fishery interests, and other members of the public. If an FMP-development team prepared the draft FMP or amendment and other draft supporting documents, the team may or may not be directed by the Assistant Administrator for Fisheries to prepare the revised documents. d. Document contents. The revised documents will
contain NMFS' preferred final management measures and also the
requisite final analyses of expected biological, economic, and
social impacts. The final FMP or amendment, final supporting
documents, F(S)EIS or EA, and implementing final regulations
prepared in Phase 6 may contain changes as a result of the public
comments received in Phase 5 (see Phase 6). The general standards for the approvability and
implementation of such FMPs and amendments are provided in the
Magnuson Act, the ATCA if applicable, the NMFS Operational Guidelines--Fishery
Management Plan Process, and under 50 CFR part 602 (Guidelines
for Fishery Management Plans). If a D(S)EIS was prepared in Phase 2 and subjected to public review and comment in Phase 3, a draft F(S)EIS will be prepared in Phase 4. This draft F(S)EIS should meet all legal requirements for an F(S)EIS even though it will not be filed with EPA and subjected to the final NEPA review (cooling-off period) until Phase 7. e. Timing. The time needed to prepare the revised documents is discretionary and will vary depending upon the extent and nature of the comments received during Phase 3. Substantial revisions may require considerable time. f. Consultations; meetings with fishery interests.
If management measures and regulations are being proposed under
authority of the ATCA to implement ICCAT recommendations or
other relevant international fishery agreements pertaining to
HMS, NMFS will undertake another set of consultations at the
end of Phase 4 on the revised FMP or amendment and proposed
implementing regulations with the following consulting parties:
(1) The U.S. ICCAT Commissioners and the ICCAT Advisory Committee;
(2) the affected Councils; and (3) the Department of State and
other affected Federal agencies. NMFS will initiate these consultations through
written or electronic communications to all consulting parties
and will transmit relevant revised documents and the proposed
regulations for review and comment at the appropriate time,
indicating time preferences for responses. NMFS will request
written responses from the consulting parties, but will indicate
whether other means of responding are acceptable. Consultations
may involve a meeting, or more as may be necessary, between
a consulting party and NMFS representatives at the request of
either party. NMFS prefers to hold such meetings after the consulting
parties have received and considered the revised documents and
proposed regulations prepared in Phase 4, but before such documents
are released for general public review and comment in Phase
5. Subsequent consultations with the consulting parties, either
during the remainder of Phase 4 or during the following Phase
5, will be on an "as needed" basis and may involve
meetings or written correspondence. Based on the views of the
consulting parties, NMFS will change the revised documents and
proposed regulations as necessary prior to their release for
public review and comment in Phase 5. NMFS will ensure that
the views and comments of all consulting parties become part
of the permanent official administrative record supporting the
regulatory action for the subject HMS. NMFS representatives will meet with or otherwise communicate with fishery interests during Phase 4 at the request of the fishery interests and as time and agency resources allow. Any such meetings or communications will be held for the purpose of discussing mutual concerns and will be held at times and places considering convenience and costs for all participants. The public review and comment period on the revised documents and proposed regulations during Phase 5 will provide extensive and additional opportunity for all affected fishery interests and the general public to present their views. NMFS will maintain a record of all meetings or other communications with fishery interests during Phase 4; the record will summarize the discussions between NMFS representatives and the fishery interests and will be included in NMFS' administrative record supporting the development and implementation of the subject FMP or amendment.
a. General. NMFS' objectives in Phase 5 are to:
(2) provide a formal period for public review
and comment on the proposed regulations as published in the
FederalRegister. During Phase 5, the revised FMP or amendment
and other revised supporting documents will be available for
public review and comment and the proposed regulations will
be published in the Federal Register for public review and comment.
It is not anticipated that additional public hearings will be
required during Phase 5 but they may be held if NMFS deems it
necessary or appropriate. b. Notice of availability to the public and proposed regulations published. NMFS will publish in the Federal Register the following items for public review and comment: (1) Notice of availability of the revised FMP or amendment and other revised supporting documents for public review and comment; (2) proposed regulations to implement the FMP or amendment; and (3) notice of any scheduled public hearings if
additional hearings are held. The published notice of availability
and proposed regulations will provide necessary information
regarding comment deadlines. c. Review periods and comments. The Phase 5 period
for public comment for the revised FMP or amendment and revised
supporting documents will usually be 60 days but may be shorter
if necessary to resolve a time-urgent fishery problem. Generally,
the shortest public comment period would be 45 days. The comment
period for the proposed regulations will be 60 days if practicable;
otherwise, it will be 45 days unless changed for good cause.
The comment periods on the revised FMP or amendment and on the
proposed regulations will run concurrently whenever possible.
Comments received during Phase 5 will be considered by NMFS to determine the need for further changes in the FMP or amendment and supporting documents, F(S)EIS, and regulations and will become part of the permanent administrative record supporting the development and implementation of the subject FMP or amendment. Consistent with the Administrative Procedure Act (APA), 5 U.S.C. section 553, public comments received on the proposed regulations during Phase 5 will be summarized and addressed in the preamble of the final regulations promulgated in Phase 7 to implement the FMP or amendment. New public comments regarding the draft F(S)EIS (i.e., comments regarding new or different issues not previously expressed during the Phase 3 public comment period on the D(S)EIS) will be summarized and addressed in the F(S)EIS that is finalized in Phase 6 and filed for the final public review under NEPA at the beginning of Phase 7. If significant changes are made in the revised FMP or amendment over the draft documents, or if significant new issues are addressed, additional public hearings may be useful to both NMFS and the fishery interests and could be held in Phase 5. 6. PHASE 6--Preparation of Final Documents and
Final a. General. NMFS' objectives in Phase 6 are to:
b. Documents to be prepared and document contents. NMFS will prepare the final FMP or amendment, all final supporting documents, the final F(S)EIS or EA, and the final implementing regulations in appropriate form for approval, issuance, and implementation. The documents to be prepared in final form during Phase 6 include all those listed as revised (or draft in the case of the F(S)EIS) under Phase 4. The final regulations will contain a summary of, and agency responses to, the public comments on the proposed regulations received during Phase 5, as required by the APA. CEQ regulations require that an agency preparing a final EIS (FEIS) or final supplemental EIS (FSEIS) must: Assess and consider public comments, both individually and collectively, received on the D(S)EIS; respond to such comments by one of several means; and provide a summary of the comments and responses in the F(S)EIS. In this case, these comments will include those received on the D(S)EIS in Phase 3 and on the draft F(S)EIS in Phase 5. Based on the public comments received during Phase 5, NMFS may make changes in the FMP or amendment management measures and corresponding analyses of environmental, economic, and social impacts. c. Preparation strategy. NMFS will modify all
documents as necessary and appropriate based on public comments
received during Phase 5. NMFS will not conduct ex parte communications
with fishery interests or members of the public during Phase
6 except to provide FMP or amendment status information. Furthermore,
NMFS will not make public its decisions regarding the contents
of a final FMP or amendment, final supporting documents, and
final implementing regulations until the Assistant Administrator
has approved and issued the FMP or amendment publicly (see Phase
7) and filed the implementing final regulations with the Office
of the Federal Register. Consultations between NMFS and consulting parties (defined earlier) will not be held as a matter of standard agency practice during Phase 6. NMFS may hold consultations in Phase 6 under special circumstances, particularly if ICCAT recommendations are to be implemented through the FMP or amendment and the public comments received during Phase 5 have raised new and significant or problematic issues. 7. Phase 7--Approval and implementation a. General. NMFS' objectives in Phase 7 are to:
(2) approve and issue the final FMP or amendment publicly; and (3) implement the FMP by effective, final regulations. NEPA "cooling off" period prior to the
final agency decision. 8. PHASE 8--Continuing and contingency fishery management a. General. Once an FMP for a highly migratory
species has been approved and implemented by final regulations,
there will be a continuing need for monitoring the fishery and
the effectiveness of the FMP and undertaking necessary FMP adjustments.
Such adjustments will respond to changing fishery or resource
conditions and, for certain fisheries, respond to international
management actions and recommendations. These actions collectively
comprise the "continuing fishery management phase."
It is anticipated that many of these FMP changes
will be made through framework regulatory adjustment measures
incorporated in each FMP; accordingly, it should not be necessary
to repeat the full FMP amendment process outlined in this notice
each time a change in the regulations is required. As examples,
annual changes in quotas based upon the latest stock assessment
or the latest ICCAT recommendations and inseason regulatory
adjustments could be made through properly constructed framework
measures (see discussion below). Management adjustments will be based upon the
latest and best available scientific information concerning
the stock and fishery. Under 50 CFR 602.12, NMFS as the responsibility
to assure that an annual Stock Assessment and Fishery Evaluation
(SAFE) report is prepared, reviewed annually, and changed as
necessary, for each FMP. The SAFE report will summarize the
most recent biological conditions of the managed species as
well as the social and economic conditions of the recreational
and commercial fishing sectors and fish processing industries.
The SAFE report will also provide a basis for determining annual
harvest levels, documenting significant trends or changes in
the resource and fishery over time, assessing the effectiveness
of the management program, identifying required management adjustments,
and identifying fishery data needs. b. Framework management measures. To the extent
possible, NMFS/NOAA intends to include within each HMS FMP framework
regulatory adjustment procedures that facilitate making annual
and inseason changes in management measure under conditions
requiring "real time" regulatory responses to fishery
circumstances. The framework procedures will allow adjustments
to the management measures within the scope and criteria established
by the FMP and in a more expeditious manner than through the
full FMP amendment process. Framework measures will be particularly
useful where annual ICCAT recommendations for a fishery must
be implemented within tight time constraints. It is anticipated that an FMP with framework measures may initially take longer to prepare since it must: (1) Anticipate and describe situations expected to occur; (2) establish criteria, procedures, and limits for regulatory actions; (3) allow for public comment on the range of potential actions, if identifiable, and on the degree of regulatory discretion held by the Secretary; and (4) provide documentation to support the framework under other applicable law. It is noted that framework measures will not avoid meeting statutory requirements of the Magnuson Act, other applicable law, and executive orders. These requirements include full analyses of expected regulatory and environmental effects, and the opportunity for public review and comment. c. Contingency fishery management--emergency actions. Pursuant to 16 U.S.C. 1855(c), the Secretary may promulgate emergency regulations to address an emergency existing in any fishery without regard to whether an FMP exists for the fishery. Emergency regulations that change any existing FMP or amendment shall be treated as an amendment to such FMP (or amendment) for the duration of the emergency period. The Secretary can implement emergency regulations for HMS for up to 180 consecutive days from the date of publication of the emergency rule in the FederalRegister. Prior to promulgating emergency regulations for the HMS with which ICCAT is concerned, the Secretary will consult with the interested Councils, the ICCAT Commissioners and Advisory Committee, the Department of State, and other affected parties. D. Regulations implementing ICCAT recommendations
1. General The process for preparing and amending FMPs for
highly migratory species described in this notice incorporates
these ATCA requirements so that they are met whenever the United
States acts to implement ICCAT recommendations through the FMP
and its implementing regulations. However, in the event that
the Secretary must implement ICCAT recommendations when no FMP
has been prepared or will not be prepared in sufficient time,
a summary of ATCA requirements for implementing such ICCAT recommendations
is provided below. Refer to the NOAA Action Plan (previously
discussed) for procedures and actions involved in U.S. preparations
for ICCAT meetings. The following actions are required by the ATCA
for U.S. implementation, through final regulations, of recommendations
of ICCAT for the conservation and management of highly migratory
species: b. The Secretary will publish in the Federal Register
a proposed rule to implement the recommendations of ICCAT and
will provide for a period for public review and written comment,
and for one or more public hearings. The proposed regulations
shall contain (a) a statement of the considerations involved
in issuing the regulations, and (b) a statement assessing the
nature and effectiveness of the measures for implementing the
recommendations of ICCAT that are being or will be carried out
by other countries whose vessels fish for the subject species
in the Atlantic Tunas Convention Area; and c. The Secretary will consider public comments, revise the regulations as necessary, and publish final regulations in theFederal Register. These regulations will be applicable to all vessels and individuals subject to U.S. jurisdiction on the date prescribed by the Secretary. The preamble of the final regulations will summarize and respond to public comments. The final regulations generally will become effective 30 days after the date of filing with the Office of the Federal Register, as provided for under the APA. Figure 1. Process for Development and Implementation of Fishery Management Plans (FMPs) and Amendments for Atlantic Highly Migratory Species (HMS) Note: The actions referred to below are those
taken by NMFS in preparing and implementing HMS FMPs and Amendments.
Refer Phase 1-Planning and Scoping (no fixed time) Publish Federal Register (FR) notices of: Intent to prepare FMP or amendment and environmental impact statement (EIS) or supplemental EIS (SEIS) (if applicable); and of availability of issues/options statement; Prepare issues/options statement and distribute to consulting parties and fishery interests; Scoping meetings; other meetings with fishery interests as requested; and Consult ICCAT Commissioners/Advisory Committee, Councils, and affected Federal agencies;
Consider consultants'/fishery interests'/public comments received in Phase 1; prepare revised issues/options statement and distribute to consultants and fishery interests; Prepare draft documents: FMP/Amendment; draft proposed regulations or regulations summary or Advance Notice of Proposed Rulemaking (ANPR) if applicable; NEPA documents (EIS, SEIS, or EA); RIR; initial RFA; ICCAT Effectiveness Statement; PRA package; section 7 consultation under ESA; initial CZMA Consistency Determination; and other supporting draft documents; Consult ICCAT Commissioners/Advisory Committee, Councils, and affected Federal agencies; and Meet with fishery interests as requested.
Publish FR notice of availability of draft FMP/Amendment and draft supporting documents for public review and comment (60 days); Publish ANPR in FR, if applicable and after DOC/OMB clearances, for public review and comment (60 days); File draft NEPA documents (EIS or SEIS) with EPA
for public review and comment (45 days); and
Consider consultants'/fishery interests'/public comments received in Phase 3; Prepare revised documents: FMP/Amendment; RIR; RFA; PRA package; section 7 consultation; CZMA Consistency Determination; and other revised supporting documents. Prepare draft final NEPA documents (FEIS, FSEIS, or EA). Prepare proposed regulations; Consult ICCAT Commissioners/Advisory Committee, Councils, and affected Federal agencies; and Meet with fishery interests as requested.
Publish FR notice of availability of revised FMP/Amendment and supporting documents for public review and comment (60 days); and Publish FR notice of proposed regulations, after DOC/OMB clearances, for public review and comment (60 days).
Review and consider consultants'/fishery interests'/public comments; and Prepare final documents: FMP/Amendment; RIR; RFA; PRA package; section 7 consultation; and other final supporting documents. Prepare final NEPA documents (FEIS, FSEIS, or EA). Prepare final regulations. Phase 7-FMP/Amendment Approval and Implementation (at least 30 days) File final NEPA documents (FEIS or FSEIS) with EPA for NEPA cooling-off period (30 days); Assistant Administrator for Fisheries (AA) approves and issues the FMP/Amendment after the NEPA cooling-off period; AA approves the final regulations and transmits to DOC/OMB for clearances to publish; Publish final regulations in FR after DOC/OMB clearances; and Final regulations effective after APA 30-day delayed effectiveness period unless shorter periods are warranted for good cause.
Framework regulatory adjustment measures incorporated
in HMS FMPs and used for periodic management program changes
or actions Emergency management actions under the Magnuson
Act.
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Regulatory Streamlining - Operational Guidelines |
