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DOC/NOAA RIN: 0648-BN27 Publication ID: Fall 2024 
Title: ●Atlantic Highly Migratory Species; Demersal and Pelagic Indicator Species 
Abstract:

The National Marine Fisheries Service (NMFS), on behalf of the Secretary of Commerce, is responsible for managing Atlantic highly migratory species (HMS) pursuant to the Magnuson-Stevens Fishery Conservation and Management Act and consistent with the Atlantic Tunas Convention Act (ATCA), the implementing statute for binding recommendations of the International Commission for the Conservation of Atlantic Tunas. NMFS is considering changes to regulations regarding demersal and pelagic indicator species in the HMS pelagic and bottom longline fisheries in order to increase flexibility and remove inefficiencies while still achieving fishery management and conservation goals. Currently, to be considered a pelagic longline vessel when fishing in a bottom longline closed area, no more than five percent (by weight) of the species possessed or landed may be demersal indicator species, as measured relative to the total weight of all pelagic and demersal indicator species. Likewise, to be considered a bottom longline vessel when fishing in a pelagic longline closed area, no more than five percent (by weight) of the species possessed or landed may be pelagic indicator species, as measured relative to the total weight of all pelagic and demersal indicator species. While these management measures helped achieve fishery management and conservation goals in the past, the measures may no longer be necessary due to changes in fishery monitoring methods and fishing techniques. In addition, the indicator species lists may be outdated given the many changes in species distributions, fishing gears, fishing techniques, market conditions, and fishing interests that have occurred over the years. This action could affect the pelagic longline and bottom longline fisheries, which target swordfish, BAYS tunas (bigeye, albacore, yellowfin, and skipjack), and sharks throughout the entire range of the fisheries (Atlantic Ocean, Gulf of Mexico, and Caribbean Sea). In 2021, the swordfish, tunas, and sharks fisheries across all regions and gear types had ex-vessel revenues of approximately $40.1 million, of which approximately 56 percent was associated with pelagic longline gear and 3 percent from bottom longline gear. This action is being taken pursuant to the rulemaking authority under section 304(g) of the Magnuson-Stevens Fishery Conservation and Management Act. This proposed rule takes into account public comments from the Fall 2021 HMS Advisory Panel meeting and continued public requests to modify the HMS regulations regarding demersal and pelagic indicator” species in the HMS pelagic and bottom longline fisheries. We plan to hold public hearings on the proposed rule this year and engage with advisory bodies and fishery management councils on this action.

 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 635   
Legal Authority: 16 USC 1801    16 USC 971   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  03/00/2025 
Regulatory Flexibility Analysis Required: YES  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
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