[Federal Register Volume 86, Number 116 (Monday, June 21, 2021)]
[Rules and Regulations]
[Pages 32361-32362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12931]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
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  Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Rules 
and Regulations  

[[Page 32361]]



DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 020614-0129]
RIN 0648-BK62


Pacific Island Fisheries; Interim Measures for American Samoa 
Bottomfish

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

ACTION: Temporary rule; interim measures.

-----------------------------------------------------------------------

SUMMARY: This temporary rule implements an interim catch limit (ICL) of 
13,000 lb (5,897 kg) of American Samoa bottomfish during the effective 
period of the rule in fishing year 2021. NMFS will monitor catches, and 
if the fishery reaches the ICL within the fishing year, we will close 
the fishery in Federal waters through the end of the effective period 
of this rule. These interim management measures are necessary to reduce 
overfishing of American Samoa bottomfish while minimizing socio-
economic impacts to fishing communities. This temporary rule supports 
the long-term sustainability of American Samoa bottomfish.

DATES: Effective June 21, 2021 through November 18, 2021.

ADDRESSES: Copies of the Fishery Ecosystem Plan for the American Samoa 
Archipelago (FEP) are available from the Western Pacific Fishery 
Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 
96813, tel 808-522-8220, or www.wpcouncil.org.
    NMFS prepared an environmental assessment (EA) that describes the 
potential impacts on the human environment that could result from this 
temporary rule. The EA and other supporting documents are available 
from www.regulations.gov/docket?D=NOAA-NMFS-2020-0099.

FOR FURTHER INFORMATION CONTACT: Brett Schumacher, NMFS PIR Sustainable 
Fisheries, 808-725-5185.

SUPPLEMENTARY INFORMATION: NMFS and the Western Pacific Fishery 
Management Council (Council) manage the bottomfish fishery in the U.S. 
Exclusive Economic Zone (Federal waters) around American Samoa under 
the FEP and the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). Most of the management 
measures for the fishery are found at 50 CFR 665.
    In 2020, in response to a stock assessment and consistent with 
sections 304(e)(6) and 305(c) of the Magnuson-Stevens Act (16 U.S.C. 
1854(e)(6) and 1855(c), respectively), the Council requested that NMFS 
implement an interim measure to reduce overfishing of the stock while 
the Council develops rebuilding management measures required by section 
304(e)(3). A proposed temporary rule, published on September 11, 2020 
(85 FR 56208), included a request for public comment. That proposed 
rule also noted that the action may be extended by NMFS for up to an 
additional six months while longer-term measures were developed. NMFS 
considered all comments received and responded to comments in a final 
temporary rule (85 FR 73003, November 16, 2020) that implemented an ICL 
of 13,000 lb (5,897 kg) for each 2020 and 2021 fishing year (85 FR 
73003). The rule included an in-season accountability measure (AM) 
where, if NMFS projects that the fishery will reach the ICL within a 
fishing year, we would close the fishery in Federal waters through the 
end of the fishing year, or the end of the effective period of the 
temporary rule, whichever was earlier.
    The temporary rule implementing the interim measure was published 
on November 16, 2020 and was effective for 180 days, until May 17, 
2021. Because the Council is still actively preparing an FEP amendment 
to address overfishing on a permanent basis, it requested that NMFS 
extend the interim measure an additional 185 days, pursuant to 
Magnuson-Stevens Act section 305(c). Thus, this temporary rule extends 
the interim measures, and the catch limit of 13,000 lb (5,897 kg) and 
in-season AM will apply for fishing year 2021 until the temporary rule 
expires on November 18, 2021 or is replaced. To maintain consistency 
with the timeframe of catch projections from the stock assessment and 
the bottomfish fishing year (January 1, 2021, through December 31, 
2021), NMFS will monitor catches of bottomfish management unit species 
(MUS) made in both territorial and Federal waters during the fishing 
year and will count the combined catch toward the ICL for 2021.
    This temporary rule does not alter the previous ICL or AM that 
expired on May 17, 2021; it extends the effective period an additional 
185 days from the expiration of the original measure as requested by 
the Council. This interim measure will reduce overfishing relative to 
the status quo, and will minimize social and economic impacts to the 
community relative to any measure that would have ended overfishing 
immediately. You may find additional background information on this 
action in the preamble to the proposed temporary rule published on 
September 11, 2020 (85 FR 56208).

Classification

    The Assistant Administrator for Fisheries finds it is unnecessary 
and contrary to the public interest to provide for prior notice and an 
opportunity for public comment pursuant to authority set forth at 
U.S.C. 553(b)(B). NMFS previously invited and responded to public 
comments on implementation of the management measures in 2020 and 2021, 
as well as on the possibility of an extension of those measures, and 
this action does not change that original measure in any way except to 
change the period of effectiveness. Similarly, the need to implement 
the temporary rule in a timely manner to reduce overfishing constitutes 
``good cause'' under authority contained in 5 U.S.C. 553(d)(3) to make 
the rule effective immediately upon publication in the Federal 
Register. The fishery is experiencing overfishing, and management 
measures are needed to reduce catch to mitigate immediate effects of 
fishing on the stock and long-term effects on the fishing community 
while the stock is rebuilding. Specifically, this temporary rule should 
be implemented immediately to establish thresholds that would

[[Page 32362]]

minimize adverse biological effects to the stock and adverse long-term 
social and economic effects to fishermen and communities that utilize 
bottomfish in American Samoa.
    This action is being taken pursuant to the emergency provision of 
Magnuson-Stevens Act and is exempt from OMB review. This temporary rule 
is exempt from the procedures of the Regulatory Flexibility Act because 
the rule is issued without opportunity for prior notice and opportunity 
for public comment. This final rule contains no information collection 
requirements under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 665

    Accountability measure, American Samoa, Bottomfish, Fisheries, 
Fishing, Interim catch limit, Pacific Islands.

    Dated: June 14, 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 50 CFR part 665 continues to read as 
follows:

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


0
2. Add Sec.  665.102 to read as follows:


Sec.  665.102  Bottomfish interim catch limit.

    (a) The interim catch limit for American Samoa bottomfish MUS for 
the 2021 fishing year is 13,000 lb.
    (b) When the interim catch limit is projected to be reached, the 
Regional Administrator shall publish a document to that effect in the 
Federal Register and shall use other means to notify permit holders. 
The document will include an advisement that the fishery will be 
closed, beginning at a specified date that is not earlier than seven 
days after the date of filing the closure notice for public inspection 
at the Office of the Federal Register, through the end of the fishing 
year in which the interim catch limit is reached or the end of the 
effective period of this rule, whichever comes first.
    (c) On and after the date the fishery is closed as specified in 
paragraph (b) of this section, fishing for and possession of American 
Samoa bottomfish MUS is prohibited in Federal waters around American 
Samoa, except as otherwise authorized by law.
    (d) On and after the date the fishery is closed as specified in 
paragraph (b) of this section, possession, sale, offering for sale, and 
purchase of any American Samoa bottomfish MUS caught in Federal waters 
around American Samoa is prohibited.

0
3. In Sec.  665.103, stay the introductory paragraph, add paragraph 
(a), and add and reserve paragraph (b) to read as follows:


Sec.  665.103  Prohibitions.

* * * * *
    (a) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and Sec.  665.15, it is unlawful for any person 
to do any of the following:
    (1) Fish for American Samoa bottomfish MUS or ECS, or seamount 
groundfish MUS using gear prohibited under Sec.  665.104.
    (2) Fish for, possess, sell, offer for sale, or purchase any 
American Samoa bottomfish MUS in a closed fishery, in violation of 
Sec.  665.102.
    (b) [Reserved]

[FR Doc. 2021-12931 Filed 6-17-21; 4:15 pm]
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