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DOC/NOAA RIN: 0648-BB92 Publication ID: Fall 2014 
Title: Revision of the National Standard 1 Guidelines 
Abstract: This action would propose revisions to the National Standard 1 (NS1) guidelines. National Standard 1 of the Magnuson-Stevens Fishery Conservation and Management Act states that conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry. National Oceanic and Atmospheric Administration Fisheries last revised the NS1 Guidelines in 2009 to reflect the requirements enacted by the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 for annual catch limits and accountability measures to end and prevent overfishing. Since 2007, the National Marine Fisheries Service and the Regional Fishery Management Councils have been implementing the new annual catch limit and accountability measures requirements. Based on experience gained from implementing annual catch limits and accountability measures, NMFS has developed new perspectives and identified issues regarding the application of the NS1 guidelines that may warrant them to be revised to more fully meet the intended goal of preventing overfishing while achieving, on a continuing basis, the optimum yield from each fishery. The focus of this action is to improve the NS1 guidelines. 
Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 600   
Legal Authority: 16 USC 1801 et seq    PL 94-265   
Legal Deadline:  None

Statement of Need:

Since 2007, fisheries management within the U.S. has experienced many changes, in particular the implementation of annual catch limits and accountability measures under all fishery management plans. Based on this experience, the NMFS believes the National Standard guidelines can be improved to enhance the utility of the guidelines for managers and the public. The objective of the proposed revisions is to improve and streamline the guidelines, address concerns raised during the implementation of annual catch limits and accountability measures, and provide flexibility within current statutory limits to address fishery management issues.

Summary of the Legal Basis:

Magnuson-Stevens Fishery Conservation and Management Act

Alternatives:

The rule attempts to improve fisheries management by proposing alternatives that clarify guidance in the following topic areas: 1) identifying fishery management objectives; 2) identifying whether stocks require conservation and management; 3) managing data limited stocks; 4) stock complexes; 5) aggregate maximum sustainable yield estimates; 6) depleted stocks; 7) multi-year overfishing determinations; 8) optimum yield; 9) acceptable biological catch control rules; 10) accountability measures; 11) establishing annual catch limits and accountability measures mechanisms in Fishery Management Plans; and 12) flexibility in rebuilding stocks.

Anticipated Costs and Benefits:

The changes to the guidelines would not establish any new requirements and thus are technical in nature. As such, the changes would allow, but do not require the Fishery Management Councils or the Secretary of Commerce, to make changes to their Fishery Management Plans. Because changes to the guidelines would not directly alter the behavior of any entities that operate in federally managed fisheries, no direct economic effects are expected to result from this action. The potential benefits of revising the National Standard guidelines include: improving and streamlining the guidance, providing additional clarity, and providing flexibility to address fishery management issues.

Risks:

NMFS anticipates that a revision to the National Standard guidelines would enhance the utility of the guidelines. NMFS does not foresee any risks associated with revising the National Standard guidelines.

Timetable:
Action Date FR Cite
ANPRM  05/03/2012  77 FR 26238   
ANPRM Comment Period Extended  07/03/2012  77 FR 39459   
NPRM  12/00/2014 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Related RINs: Related to 0648-AV60 
Agency Contact:
Alan Risenhoover
Director, Office of Sustainable Fisheries
Department of Commerce
National Oceanic and Atmospheric Administration
NMFS, 1315 East-West Highway, Room 13362,
Silver Spring, MD 20910
Phone:301 713-2334
Fax:301 713-0596
Email: alan.risenhoover@noaa.gov