[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Page 42792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16667]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB290]


Pacific Island Fisheries; Marine Conservation Plan for American 
Samoa; Western Pacific Sustainable Fisheries Fund

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

ACTION: Notice of agency decision.

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SUMMARY: NMFS announces approval of a marine conservation plan (MCP) 
for American Samoa.

DATES: This agency decision is effective from July 25, 2021, through 
July 24, 2024.

ADDRESSES: You may obtain a copy of the MCP, identified by NOAA-NMFS-
2021-0069, from the Federal e-Rulemaking Portal, https://www.regulations.gov/docket/NOAA-NMFS-2021-0069, or from the Western 
Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 
1400, Honolulu, HI 96813, tel 808-522-8200, http://www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Kate Taylor, Sustainable Fisheries, 
NMFS Pacific Island Regional Office, 808-725-5182.

SUPPLEMENTARY INFORMATION: Section 204(e) of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) 
authorizes the Secretary of State, with the concurrence of the 
Secretary of Commerce (Secretary) and in consultation with the Council, 
to negotiate and enter into a Pacific Insular Area fishery agreement 
(PIAFA). A PIAFA would allow foreign fishing within the U.S. Exclusive 
Economic Zone (EEZ) adjacent to American Samoa, Guam, or the Northern 
Mariana Islands. The Governor of the Pacific Insular Area to which the 
PIAFA applies must request the PIAFA. The Secretary of State may 
negotiate and enter the PIAFA after consultation with, and concurrence 
of, the applicable Governor.
    Before entering into a PIAFA, the applicable Governor, with 
concurrence of the Council, must develop and submit to the Secretary a 
three-year MCP for review and approval. The MCP must provide details on 
the uses for any funds collected by the Secretary. NMFS is the designee 
of the Secretary for MCP review and approval. The Magnuson-Stevens Act 
requires payments received under a PIAFA to be deposited into the 
United States Treasury and then conveyed to the Treasury of the Pacific 
Insular Area for which funds were collected.
    In the case of violations by foreign fishing vessels in the EEZ 
around any Pacific Insular Area, amounts received by the Secretary 
attributable to fines and penalties imposed under the Magnuson-Stevens 
Act (including sums collected from the forfeiture and disposition or 
sale of property seized subject to its authority) are deposited into 
the Treasury of the Pacific Insular Area adjacent to the EEZ in which 
the violation occurred, after direct costs of the enforcement action 
are subtracted. The Pacific Insular Area government may use funds 
deposited into the treasury of the Pacific Insular Area for fisheries 
enforcement and for implementation of an MCP.
    Federal regulations at 50 CFR 665.819 authorize NMFS to specify 
catch limits of longline-caught bigeye tuna for U.S. territories. NMFS 
may also authorize each territory to allocate a portion of that limit 
to U.S. longline fishing vessels that are permitted to fish under the 
Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific 
(FEP). Payments collected under specified fishing agreements are 
deposited into the Western Pacific Sustainable Fisheries Fund. Any 
funds attributable to a particular fund, and any funds attributable to 
a particular territory, may be used only for implementation of that 
territory's MCP.
    An MCP must be consistent with the Council's FEPs, must identify 
conservation and management objectives (including criteria for 
determining when such objectives are met), and must prioritize planned 
marine conservation projects. At its June 2021 meeting, the Council 
reviewed and concurred with the American Samoa MCP. On July 21, 2021, 
the Governor of American Samoa submitted the MCP to NMFS for review and 
approval. The following briefly describes the objectives of the MCP. 
Please refer to the MCP for planned projects and activities designed to 
meet each objective, the evaluative criteria, and priority ranking. The 
MCP contains six conservation and management objectives, listed below.
    1. Maximize social and economic benefits through sustainable 
fisheries;
    2. Support quality scientific research to assess and manage 
fisheries;
    3. Promote an ecosystem approach in fisheries management;
    4. Recognize the importance of island culture and traditional 
fishing in managing fishery resources and foster opportunities for 
participation;
    5. Promote education and outreach activities and regional 
collaboration regarding fisheries conservation;
    6. Encourage development of technologies and methods to achieve the 
most effective level of enforcement and to ensure safety at sea.
    This notice announces that NMFS has reviewed the MCP, and has 
determined that it satisfies the requirements of the Magnuson-Stevens 
Act. Accordingly, NMFS has approved the MCP for the 3-year period from 
July 25, 2021, through July 24, 2024. This MCP supersedes the MCP 
previously approved for the period July 25, 2018, through July 24, 2021 
(83 FR 42490, August 22, 2018).

    Dated: July 29, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-16667 Filed 8-4-21; 8:45 am]
BILLING CODE 3510-22-P