[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Rules and Regulations]
[Pages 17195-17196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06285]



[[Page 17195]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 220318-0074]
RIN 0648-BK90


Pacific Island Fisheries; 2022-2025 Annual Catch Limits and 
Accountability Measures for Main Hawaiian Islands Uku (Gray Jobfish)

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 an annual catch limit 
(ACL) of 295,419 lb (134 metric tons (t)), an annual catch target (ACT) 
of 291,010 lb (132 t), and accountability measures (AM) for main 
Hawaiian Islands (MHI) uku for fishing years 2022, 2023, 2024, and 
2025. These ACLs and ACTs apply to the total combined commercial and 
non-commercial catch of uku. As an in-season accountability measure, if 
NMFS projects that the total catch will reach the ACT in any given 
fishing year, we would close commercial and non-commercial uku 
fisheries in Federal waters for the remainder of the fishing year. As a 
post-season AM, if NMFS determines that the most recent three-year 
average total catch exceeded the ACL in a fishing year, we would reduce 
the ACL and ACT for the following fishing year by the amount of the 
overage. This rule supports the long-term sustainability of MHI uku.

DATES: The final rule is effective April 27, 2022.

ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaii 
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-2021-0088, 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: David O'Brien, NMFS PIRO Sustainable 
Fisheries, 808-725-5038.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the MHI uku 
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). 
NMFS is required under the regulations at 50 CFR 665.4 to specify an 
ACL, and optionally specify an ACT, for MHI uku each fishing year based 
on a recommendation from the Council. The specification of an ACT 
reduces the likelihood that the ACL will be exceeded.
    The Council recommended that NMFS implement ACLs, ACTs, and AMs for 
MHI uku for 2022, 2023, 2024, and 2025. The fishing year for MHI uku is 
the calendar year. The Council recommended an ACL of 295,419 lb and ACT 
of 291,010 lb based on a 2020 MHI uku stock assessment, in 
consideration of the risk of overfishing, past fishery performance, the 
acceptable biological catch recommendation from its Scientific and 
Statistical Committee, and with opportunity for public input.
    As an in-season AM, if NMFS projects that total catch will reach 
the ACT, we would close Federal waters to the commercial and non-
commercial fisheries for MHI uku for the remainder of the fishing year. 
As a post-season AM, if NMFS determines that the most recent three-year 
average MHI uku total catch exceeds the ACL in any given year, NMFS 
would reduce the ACL and ACT for the subsequent fishing year by the 
amount of the overage with a subsequent rulemaking.
    You may find additional background information on this action in 
the preamble to the proposed rule published on December 27, 2021 (86 FR 
73234).

Comments and Response

    On December 27, 2021, NMFS published a proposed rule, a draft 
Environmental Assessment, and regulatory impact review for public 
comment (86 FR 73234). The comment period ended January 26, 2022. NMFS 
received no comments on the proposed rule.

Changes From the Proposed Rule

    This final rule contains minor housekeeping corrections to the 
proposed rule. The regulation at 50 CFR 665.211 implements annual catch 
limits for two fisheries, the MHI Deep 7 bottomfish fishery and the MHI 
uku fishery, the latter of which is the subject of this final rule. 
Since the MHI uku proposed rule published, a MHI Deep 7 final rule 
implementing ACLs and AMs for fishing years 2021-2024 became effective 
(February 22, 2022, 87 FR 3045) and amended 50 CFR 665.211. This MHI 
uku final rule considers section 665.211 as amended by the MHI Deep 7 
final rule and, therefore, differs slightly from what we presented in 
the MHI uku proposed rule. Specifically, 50 CFR 665.211(a) as amended 
by this MHI uku final rule now reflects the Deep 7 ACLs for fishing 
years 2021-22, 2022-23, and 2023-24. In addition, the Deep 7 final rule 
added a new paragraph at 50 CFR 665.211(f) and so this MHI uku final 
rule, instead of redesignating paragraph (e) as paragraph (f) and 
adding a new paragraph (e) as stated in the MHI uku proposed rule, 
redesignates paragraph (f) as paragraph (g) and adds a new paragraph 
(f). These housekeeping changes have no material effect on management 
of the uku bottomfish 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 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 665

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

    Dated: March 21, 2022.
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:


[[Page 17196]]


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


0
2. In Sec.  665.211 revise the section heading and paragraphs (a) and 
(b), redesignate paragraph (f) as paragraph (g), add a new paragraph 
(f), and republish newly redesignated paragraph (g) to read as follows:


Sec.  665.211  Annual Catch Limits (ACL) and Annual Catch Targets 
(ACT).

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

----------------------------------------------------------------------------------------------------------------
                                                                 2021-22 ACT      2022-23 ACT      2023-24 ACT
                           Fishery                                   (lb)             (lb)             (lb)
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Deep 7 bottomfish............................................         492,000          492,000          492,000
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                   Fishery                     2022 ACT (lb)    2023 ACT (lb)    2024 ACT (lb)    2025 ACT (lb)
----------------------------------------------------------------------------------------------------------------
Uku.........................................         295,419          295,419          295,419          295,419
----------------------------------------------------------------------------------------------------------------


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                   Fishery                     2022 ACT (lb)    2023 ACT (lb)    2024 ACT (lb)    2025 ACT (lb)
----------------------------------------------------------------------------------------------------------------
Uku.........................................         291,010          291,010          291,010          291,010
----------------------------------------------------------------------------------------------------------------

    (b) When a bottomfish ACL or ACT is projected to be reached based 
on analyses of available information, 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, which is not earlier than seven days after the date of filing the 
closure notice for public inspection at the Office of the Federal 
Register, until the end of the fishing year in which the ACL or ACT is 
reached.
* * * * *
    (f) If the average total landings of uku in the most recent three 
years exceed the specified ACL in a fishing year, the Regional 
Administrator will reduce the uku ACL and ACT for the subsequent year 
by the amount of the overage in a separate rulemaking.
    (g) Fishing for, and the resultant possession or sale of, any 
bottomfish MUS by vessels legally registered to Mau Zone, Ho'omalu 
Zone, or PRIA bottomfish fishing permits and conducted in compliance 
with all other laws and regulations, is exempted from this section.

[FR Doc. 2022-06285 Filed 3-25-22; 8:45 am]
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