[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Rules and Regulations]
[Pages 24511-24512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09649]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 210503-0095]
RIN 0648-BJ82


Pacific Island Fisheries; Mariana Archipelago Bottomfish Annual 
Catch Limits and Accountability Measures

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

ACTION: Final rule.

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SUMMARY: In this final rule, NMFS implements bottomfish annual catch 
limits (ACL), and annual catch targets (ACT) and accountability 
measures (AM) to correct or mitigate any overages, for Guam and the 
Commonwealth of the Northern Mariana Islands (CNMI). The ACLs, ACTs, 
and AMs are effective for fishing years 2020-2022 in Guam, and for 
2020-2023 in the CNMI. This rule also makes a minor technical 
correction to the regulations. This action supports the long-term 
sustainability of the bottomfish fisheries in the Mariana Archipelago.

DATES: This final rule is effective June 7, 2021. This final rule is 
applicable for Guam fisheries in fishing years 2020, 2021, and 2022, 
and for CNMI fisheries in 2020, 2021, 2022, and 2023.

ADDRESSES: Copies of the Fishery Ecosystem Plan for the Mariana 
Archipelago (FEP) are available from the Western Pacific Fishery 
Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 
96813, tel. 808-522-8220, fax 808-522-8226, or www.wpcouncil.org.
    Copies of the environmental analyses and other supporting documents 
for this action are available from https://www.regulations.gov/docket?D=NOAA-NMFS-2020-0119, or from Michael D. Tosatto, Regional 
Administrator, NMFS Pacific Islands Regional Office (PIRO), 1845 Wasp 
Blvd., Bldg. 176, Honolulu, HI 96818.

FOR FURTHER INFORMATION CONTACT: Mark Fox, PIRO Sustainable Fisheries, 
808-725-5171.

SUPPLEMENTARY INFORMATION: NMFS is implementing ACLs and ACTs for 13 
bottomfish management unit species, including emperors, snappers, 
groupers, and jacks, as recommended by the Council. For Guam, the ACL 
is 27,000 lb (12,247 kg) for each fishing year 2020-2022; there is no 
ACT for Guam. For the CNMI, the ACL is 84,000 lb (38,102 kg) and the 
ACT is 78,000 lb (35,380 kg) for each fishing year 2020-2023. The 
fishing year is the calendar year.
    NMFS is also implementing a post-season AM to mitigate the impact 
on the stocks if the fishery exceeds the ACL in any given year. NMFS 
and the Council will monitor the catch from both areas each year. If we 
determine that the average catch from the previous three years exceeds 
the specified ACL, we would reduce the ACL in the subsequent year by 
the amount of the overage through separate rulemaking. In the CNMI, if 
the catch exceeds the ACT but is below the ACL, we will not apply a 
post-season correction.
    Under the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act), an ACT is an optional AM the Council may employ 
to reduce risk to stocks. The ACT, which is set lower than the ACL, 
acts as a buffer to prevent a fishery from exceeding the ACL. In this 
rule, if the average catch of the three most recent years exceeds the 
specified ACL in a fishing year, NMFS will reduce both the ACL and the 
ACT for the subsequent year by the amount of the overage in a separate 
rulemaking.
    In 2019, the NMFS Pacific Islands Fisheries Science Center 
completed a benchmark stock assessment for Mariana bottomfish. The 
assessment concluded that the Guam bottomfish management unit stock 
complex was overfished in 2017, but not subject to overfishing. In 
February 2020, NMFS notified the Council of their obligations under the 
Magnuson-Stevens Act to rebuild the stock, and prepare and implement an 
FEP, FEP amendment, or proposed regulations by February 2022. 
Accordingly, this final rule implements ACLs for Guam through 2022, 
while the Council develops the necessary action to rebuild the stock.
    Additional background information on this action is in the proposed 
rule published in the Federal Register on February 22, 2021 (85 FR 
10526); we do not repeat it here.

Comments and Responses

    On February 22, 2021, NMFS published a proposed rule, with 
supporting documents, and request for comments. The comment period 
ended on March 15, 2021. We received no comments.

Changes From the Proposed Rule

    This final rule contains a minor technical change from the proposed 
rule. In the proposed rule, NMFS had proposed that, if the average 
catch of the three most recent years were to exceed the specified ACL 
or ACT in a fishing year, we would reduce the ACL and or ACT for the 
subsequent year by the amount of the overage in a separate rulemaking. 
The Council recommended, however, that NMFS apply a post-season AM only 
if the fishery exceeds the ACL. It did not include the application of 
an AM if the fishery exceeds only the ACT. Both the proposed rule 
preamble and the draft environmental assessment published with the 
proposed rule explained correctly that the post-season AM would apply 
only if the fishery exceeded the proposed ACL. NMFS received no 
comments on the draft proposed regulations as described in the 
environmental assessment.
    We recognized the error in the proposed regulatory text after the 
comment period ended, and are correcting the regulatory text in this 
final rule. Accordingly, in 50 CFR 665.408, paragraph (b) reads that if 
the average catch of the three most recent years exceeds a given 
fishing year's ACL, NMFS will reduce the ACL and ACT for the subsequent 
year by the amount of the overage through a separate rulemaking. This 
correction aligns the rule with the Council's intent. The change 
presents no material effect on management of the fishery. The ACT is a 
post-season AM that is set below the ACL, and acts as a signal and 
potential buffer if the fishery is approaching the ACL. The ACT does 
not restrict fishing during the fishing year, so exceeding the ACT does 
not change the ACL or restrict the fishery.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the FEP, other provisions of the Magnuson-Stevens Act, 
and other applicable law.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. NMFS received no comments 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule contains no information collection requirements

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under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 665

    Accountability measures, Annual catch limits, Bottomfish, 
Fisheries, Fishing, Guam, Mariana Archipelago, Northern Mariana 
Islands, Pacific Islands.

    Dated: May 3, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
665 as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for part 665 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.


0
2. Add Sec.  665.408 to read as follows:


Sec.  665.408  Annual Catch Limits (ACL) and Annual Catch Targets 
(ACT).

    (a) In accordance with Sec.  665.4, the ACL and ACT for Guam and 
CNMI bottomfish MUS fisheries for each fishing year are as follows:

                                            Table 1 to Paragraph (a)
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                                                                       2020            2021            2022
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Guam:
    ACL (lb)....................................................          27,000          27,000          27,000
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                                            Table 2 to Paragraph (a)
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                                                       2020            2021            2022            2023
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CNMI:
    ACL (lb)....................................          84,000          84,000          84,000          84,000
    ACT (lb)....................................          78,000          78,000          78,000          78,000
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    (b) If the average catch of the three most recent years exceeds the 
specified ACL in a fishing year, the Regional Administrator will reduce 
the ACL and the ACT for the subsequent year by the amount of the 
overage in a separate rulemaking.

[FR Doc. 2021-09649 Filed 5-6-21; 8:45 am]
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