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DOC/NOAA | RIN: 0648-BM17 | Publication ID: Fall 2024 |
Title: Fisheries of the United States; Magnuson-Stevens Fishery Conservation and Management Act; National Standard 4, 8, and 9 Guidelines | |
Abstract:
Under the authority of 16 U.S.C. 1801 et seq., NOAA’s National Marine Fisheries Service (NMFS) has received initial public comment on potential revisions to the National Standard 4, 8, and 9 guidelines, at 50 CFR 600.325, 50 CFR 600.345, and 50 CFR 600.350, respectively, through a notice of proposed rulemaking (NPRM). NOAA is considering changes to the guidelines for these national standards in response to several ongoing fishery management challenges and recently issued executive orders regarding the climate crisis, equity, and environmental justice. The Agency requested feedback and conducted public outreach with the Regional Fishery Management Councils, Tribes, and interested stakeholders to determine if changes to the guidelines are needed. Specifically, the Agency presented to each Council, held 2 webinars specific to Tribes, and one national webinar open to all members of the public. The comments received to date provide helpful feedback on the potential issues and ways forward. |
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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 325 50 CFR 345 50 CFR 350 | |
Legal Authority: 16 U.S.C. 1801 et seq. |
Legal Deadline:
None |
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Statement of Need: Section 301(a) of the MSA contains 10 national standards for fishery conservation and management. Any fishery management plan prepared under the MSA, and any regulation promulgated pursuant to the MSA to implement any such plan, must be consistent with these national standards. This proposed rule focuses on revising guidelines for three national standards. Since these guidelines were last revised over 15 years ago, a number of fishery management challenges have arisen related to a changing climate. For example, changing ocean conditions are affecting the location of fish stocks, the productivity of fish stocks, and the fishing industry’s interactions with bycatch, protected species, and other ocean users. These changes are predicted to continue and accelerate in the future. These shifts can cause social, economic, and other impacts on fisheries and fishing-dependent communities. As a result, fishing industries and coastal businesses may face significant challenges in preparing for and adapting to changing climate and oceans, and managers face challenges when balancing the needs of current fishermen following fish to new locations, current fishermen catching new stocks of fish in their historic fishing grounds, and new users. Therefore, these three national standards that deal with communities, allocations, and bycatch, are in need of updating to keep pace with these changing fisheries issues. |
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Summary of the Legal Basis: NOAA’s National Marine Fisheries Service (NMFS) proposes these updates pursuant to section 301(b) of the MSA, which states that [t]he Secretary shall establish advisory guidelines (which shall not have the force and effect of law), based on the national standards, to assist in the development of fishery management plans. |
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Alternatives: This rule proposes several alternatives that range from no action to significant changes in policy. Specifically, this rule proposes to revise the NS4, NS8, and NS9 guidelines related to fairness and equity, promotion of conservation, sustained participation, minimizing bycatch to the extent practicable, considering the impacts of climate change, considering Tribal and cultural uses, and considering ecosystem-based fisheries management objectives. Most of the preferred alternatives provide guidance on topics or issues that should be considered or analyzed when making a decision, without indicating what the decision should be. The exceptions to this are minor changes to the definition of bycatch in 600.350 that reflect current practices and should reduce burdens. The other alternatives considered but not chosen could remove some flexibility needed for regional approaches to fisheries management.
The final chosen alternatives were developed from multiple publicly facing opportunities for input as well as internal development within NMFS. NMFS published an advance notice of proposed rulemaking (ANPR) on May 15, 2023, (88 FR 30934) to solicit public comments on the need for potential future revisions to the NS4, NS8, and NS9 guidelines that would address recent fishery management challenges, bolster climate adaptability, and encourage greater equity and environmental justice within the fishery management process under the existing provisions of the MSA. The comment period on the ANPR ended on September 12, 2023. In addition to the publication in the Federal Register, the ANPR was discussed at public forums, including at the May 2023 Council Coordination Committee meeting (consisting of the chairs, vice chairs, and executive directors from each regional fishery management council, or other staff), at summer 2023 Regional Fishery Management Council meetings, and through one national and two Tribal webinars. Alternatives raised through public comment but not pursued are covered in the Regulatory Impact Review. |
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Anticipated Costs and Benefits: The rulemaking revises these guidelines to assist the Councils and NMFS in addressing requirements of the MSA to better account for a changing climate and to better address the need to incorporate traditional and cultural uses into fisheries management decisions. Because the rulemaking only revises guidance, NMFS does not anticipate any short-term direct changes to the behavior of any entities that operate in federally managed fisheries. Indirect economic effects will only occur in the long-term if the Councils or NMFS develop new fishery management plans or plan amendments as a result of these changes to the guidelines. In general, we anticipate the rulemaking will lead to long term benefits such as more informed management decisions resulting in regulations that increase sustainable resources while being adaptable to changing climate conditions. Also, benefits may result from improved transparency of the processes and policy choices being made to establish or revise a management decision for allocation, to address a community’s needs, and minimize bycatch. We do not anticipate any significant cost with this rule. |
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Risks: This action will receive a significant level of scrutiny and attention by a diverse set of constituents. In the absence of the proposed regulatory changes, failure to consider these challenges could potentially result in sub-optimal fisheries management with both ecological and economic impacts; regulations that are ultimately unsuccessful in maintaining sustainable resources or that are not adaptable to changing conditions. Revising national standard guidelines themselves carries a minimal risk, as the guidelines do not have the force and effect of law. However, as the new guidance is put to use in subsequent fisheries actions, there is a modest level of risk that the application of such new guidance indirectly increases litigation risk on such subsequent actions. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: No | |
Agency Contact: Kelly Denit Director, Office of Sustainable Fisheries Department of Commerce National Oceanic and Atmospheric Administration 1315 East-West Highway, Room 13362, Silver Spring, MD 20901 Phone:301 427-8500 Email: kelly.denit@noaa.gov |