[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Proposed Rules]
[Pages 60194-60197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23674]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 211026-0218]
RIN 0648-BK72


Pacific Island Fisheries; Annual Catch Limit and Accountability 
Measures; Main Hawaiian Islands Deep 7 Bottomfish for Fishing Years 
2021-2024

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement an annual catch limit (ACL) of 
492,000 lb (223,167 kg) for Deep 7 bottomfish in the main Hawaiian 
Islands (MHI) for each of the fishing years 2021-22, 2022-23, and 2023-
24. As an in-season accountability measure (AM), if NMFS projects that 
the fishery will reach the ACL in any given fishing year, we would 
close the commercial and non-commercial fisheries in Federal waters

[[Page 60195]]

for the remainder of the fishing year. As a post-season AM, if NMFS 
determines that the catch exceeded the ACL in a fishing year, we would 
reduce the ACL for the following fishing year by the amount of the 
overage. The proposed rule supports the long-term sustainability of 
Deep 7 bottomfish.

DATES: NMFS must receive comments by November 16, 2021.

ADDRESSES: You may submit comments on the proposed rule, identified by 
NOAA-NMFS-2021-0077, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter NOAA-NMFS-2021-0077 in the Search box, click the ``Comment 
Now!'' icon, complete the required fields, and enter or attach your 
comments.
     Mail: Send written comments to Michael D. Tosatto, 
Regional Administrator, NMFS Pacific Islands Regional Office (PIRO), 
1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.
    Instructions: NMFS may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    NMFS prepared an environmental assessment and draft supplemental 
environmental assessment that describe the potential impacts on the 
human environment that could result from the proposed action. The 
assessments, a regulatory impact review, and other supporting documents 
are available at www.regulations.gov.

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

SUPPLEMENTARY INFORMATION: NMFS and the Western Pacific Fishery 
Management Council (Council) manage the Deep 7 bottomfish fishery in 
Federal waters around Hawaii under the Fishery Ecosystem Plan for the 
Hawaiian Archipelago (FEP), as authorized by the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act). The 
Deep 7 bottomfish are onaga (Etelis coruscans), ehu (E. carbunculus), 
gindai (Pristipomoides zonatus), kalekale (P. sieboldii), opakapaka (P. 
filamentosus), lehi (Aphareus rutilans), and hapuupuu (Hyporthodus 
quernus). The regulations at 50 CFR 665.4 require NMFS to specify an 
ACL for MHI Deep 7 bottomfish each fishing year, based on a 
recommendation from the Council.
    The Council recommended that NMFS implement the proposed ACLs and 
AMs for MHI Deep 7 bottomfish in fishing years 2021-22, 2022-23, and 
2023-24. Each fishing year begins on September 1 and ends on August 31 
of the following year. The Council recommended the proposed ACL of 
492,000 lb (223,167 kg) based on an updated 2021 bottomfish stock 
assessment, and in consideration of the risk of overfishing, past 
fishery performance, and the acceptable biological catch recommendation 
from its Scientific and Statistical Committee, with opportunity for 
input from the public.
    The 2021 stock assessment estimated the overfishing limit for the 
MHI Deep 7 bottomfish stock complex to be 568,000 lb (257,640 kg), 
assuming three years of identical catch in fishing years 2021-22, 2022-
23, and 2023-24. This new overfishing limit is 2,000 lb (907 kg) more 
than the overfishing limit for three years of fishing estimated in the 
previous stock assessment. The proposed ACL is the same as the ACL that 
NMFS specified the previous three years (84 FR 29394, June 24, 2019). 
The ACL is associated with up to a 40 percent probability of 
overfishing for each proposed fishing year, which is more conservative 
than the 50 percent risk threshold allowed under NMFS guidelines for 
National Standard 1 of the Magnuson-Stevens Act.
    NMFS monitors Deep 7 bottomfish catches based on data provided by 
commercial fishermen to the State of Hawaii and non-commercial 
fishermen to NMFS. As an in-season AM, if NMFS projects that the 
fishery will reach the ACL, we would close the commercial and non-
commercial fisheries for MHI Deep 7 bottomfish in Federal waters for 
the remainder of the fishing year. As an additional post-season AM, in 
the event that NMFS determines that the final MHI Deep 7 bottomfish 
catch exceeds the ACL in any given year, NMFS would reduce the ACL for 
the subsequent fishing year by the amount of the overage with a 
subsequent rulemaking.
    The fishery has not caught the proposed limit in any year since 
1989, and NMFS does not anticipate that the fishery will attain the 
limit in any fishing year in this proposed rule. NMFS does not expect 
this proposed rule to result in a change in fishing operations, or 
other changes to the conduct of the fishery that would result in 
significant environmental impacts.
    NMFS will consider public comments on this proposed rule and will 
announce the final rule in the Federal Register. The comment period 
will extend for 15 days from the publication date in the Federal 
Register, as provided for in section 304(b) of the Magnuson-Stevens Act 
(16 U.S.C. 1854(b)(1)(A)). A comment period of this length is in the 
public interest because the 2021 fishing year has already started, and 
it is necessary to implement the proposed reglations as soon as 
possible in order to establish thresholds that provide for effective 
and sustainable management of the fishery. NMFS must receive any 
comments by the date provided in the DATES heading, not postmarked or 
otherwise transmitted by that date. Regardless of the final rule, all 
other management measures will continue to apply in the fisheries.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator for Fisheries has determined that this 
proposed rule is consistent with the FEP, other provisions of the 
Magnuson-Stevens Act, and other applicable laws, subject to further 
consideration after public comment.

Certification of Finding of No Significant Impact on Substantial Number 
of Small Entities

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the attached proposed rule, issued under the 
authority of the Magnuson-Stevens Act, will not have a significant 
economic impact on a substantial number of small entities.
    NMFS proposes to implement an ACL of 492,000 lb (223,167 kg) for 
MHI Deep 7 bottomfish, as recommended by the Council, for each fishing 
year 2021-22, 2022-23, and 2023-24. Each fishing year begins on 
September 1 and ends on August 31 of the following year. NMFS monitors 
MHI Deep 7 bottomfish catches based on data provided by commercial 
fishermen to the State of Hawaii and non-commercial fishermen to NMFS. 
The AMs for fishing years 2021-22, 2022-23, and 2023-24 would remain 
the same as the AMs that are currently in place. That is, if NMFS 
projects that the fishery will reach this limit in any fishing year, 
NMFS would close the commercial and non-commercial fisheries for MHI 
Deep 7

[[Page 60196]]

bottomfish in Federal waters for the remainder of that fishing year as 
an in-season AM. As a post season AM, if the catch exceeds the ACL in a 
fishing year, NMFS would reduce the ACL of the next fishing year by the 
amount of the overage. The proposed ACLs are the same as those 
implemented for the 2018-19, 2019-20, and 2020-21 fishing years and 
186,000 lb (84,368 kg) more than the ACL that NMFS implemented for the 
2017-18 fishing year. The proposed ACLs are greater than the highest 
reported annual landings over the past eight fishing seasons by more 
than 180,000 lb (81,647 kg). Therefore, NMFS does not expect that the 
fishery would reach the ACL during any of the next three fishing years.
    This proposed rule would affect commercial and non-commercial 
fishermen who catch MHI Deep 7 bottomfish. In general, the relative 
importance of MHI bottomfish to commercial participants as a percentage 
of overall fishing or household income is unknown, as the total suite 
of fishing and other income generating activities by individual 
operations across the year has not been examined. For Regulatory 
Flexibility Act purposes only, NMFS has established a small business 
size standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide. Based on available information, NMFS 
has determined that all affected entities--vessels in the commercial 
and non-commercial fisheries for MHI Deep 7 bottomfishare small 
entities under the NMFS standard, as they are engaged in the business 
of fish harvesting, independently owned or operated, not dominant in 
their field of operation, and have annual gross receipts not in excess 
of $11 million. Therefore, there would be no disproportionate economic 
impacts between large and small entities. Furthermore, there would be 
no disproportionate economic impacts among the universe of vessels 
based on gear, home port, or vessel length.
    During the 2019-20 fishing year, 334 fishermen reported catching 
161,437 lb (73,227 kg) of MHI Deep 7 bottomfish, which is consistent 
with catch and participation in recent years. Catch in this fishery has 
generally been decreasing over time. During each of fishing years 2014-
15, 2015-16, and 2016-2017, an average of 374 fisherman have reported 
catching almost 274,000 lb (124,284 kg) of MHI Deep 7 bottomfish, 
whereas catch over the past three full fishing years averaged 192,805 
lb/year (87,455 kg/year) by an average of 331 participants annually. 
Price per pound for Deep 7 bottomfish averaged $7.23 ($15.93/kg) in 
2020 with 91 percent of catch sold. Assuming that the fishery attains 
the ACL of 492,000 lb (223,167 kg) in an individual fishing year, and 
using the 2020 average price of $7.23/lb ($15.93/kg), NMFS expects the 
potential annual fleet-wide revenue during each of the 2021-22, 2022-23 
and 2023-24 fishing years to be $3,557,160 (or approximately $3,237,016 
under the assumption that 91 percent of catch is sold). If the MHI Deep 
7 bottomfish catch reached the ACL during a fishing year, with the 
entire catch sold by the 334 participants fishing in 2019-20, the 
potential revenue would average $10,650 from the sale of 1,473 lb (668 
kg) of Deep 7 bottomfish per fisherman. If the fishery reaches the ACL, 
and 91 percent of all MHI Deep 7 bottomfish catch was sold, then each 
of these 334 commercial fishermen would sell an average of 1,340 lb 
(608 kg) of Deep 7 bottomfish valued at about $9,692, which is well 
below the $11 million threshold.
    Even though this proposed rule would apply to a substantial number 
of vessels, i.e., 100 percent of the bottomfish fleet, NMFS does not 
expect this rule to have a significantly adverse economic impact on 
individual vessels because of the unlikelihood of reaching the ACL. 
Landings information from the past five fishing years shows an average 
catch of 215,405 lb (97,706 kg), suggesting that Deep 7 bottomfish 
landings in the MHI are not likely to reach the proposed ACL of 492,000 
lb (223,167 kg) in any fishing year. The proposed rule would not impose 
additional reporting or record-keeping requirements on small entities. 
The proposed rule does not duplicate, overlap, or conflict with other 
Federal rules, and it is not expected to have a significant impact on 
small entities (as discussed above), organizations or government 
jurisdictions. There does not appear to be disproportionate economic 
impacts from the proposed rule based on home port, gear type, or 
relative vessel size. The proposed rule will not place a substantial 
number of small entities, or any segment of small entities, at a 
significant competitive disadvantage to large entities. As a result, an 
initial regulatory flexibility analysis is not required, and none has 
been prepared.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 665

    Accountability measures, Annual catch limits, Bottomfish, Fishing, 
Hawaii, Pacific Islands.

    Dated: October 26, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 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. In Sec.  665.211, revise paragraph (a) to read as follows:


Sec.  665.211  Annual Catch Limit (ACL).

    (a) In accordance with Sec.  665.4, the ACLs for MHI bottomfish 
fisheries for each fishing year are as follows:

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                                                                 2021-22 ACL      2022-23 ACL      2023-24 ACL
                           Fishery                                   (lb)             (lb)             (lb)
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Deep 7 bottomfish............................................         492,000          492,000          492,000
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                           Fishery                              2019 ACL (lb)    2020 ACL (lb)    2021 ACL (lb)
----------------------------------------------------------------------------------------------------------------
Uku..........................................................         127,205          127,205          127,205
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[[Page 60197]]

* * * * *
    (e) If landings of Deep 7 bottomfish exceed the specified ACL in a 
fishing year, the Regional Administrator will reduce the ACL for the 
subsequent year by the amount of the overage in a separate rulemaking.
* * * * *
[FR Doc. 2021-23674 Filed 10-29-21; 8:45 am]
BILLING CODE 3510-22-P