[Federal Register Volume 89, Number 147 (Wednesday, July 31, 2024)]
[Rules and Regulations]
[Pages 61356-61357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16822]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 240725-0204]
RIN 0648-BM76


Pacific Island Fisheries; Annual Catch Limit and Accountability 
Measure for the Commonwealth of the Northern Mariana Islands Bottomfish 
in 2024-2025

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

ACTION: Final rule.

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SUMMARY: This final rule implements an annual catch limit (ACL) and 
annual catch target (ACT) for bottomfish in the Commonwealth of the 
Northern Mariana Islands (CNMI) for fishing years 2024 and 2025. This 
rule does not revise, add, or remove the most recent current 
accountability measure (AM) in NOAA's regulations. Under that AM, NMFS 
will reduce the ACL and ACT in the following fishing year by the amount 
of the overage if the average catch from the most recent 3 years 
exceeds the ACL.

[[Page 61357]]

This final rule supports the long-term sustainability of the CNMI 
bottomfish fishery.

DATES: This rule is effective August 30, 2024.

ADDRESSES: Background information on the bottomfish fishery in the 
Commonwealth of the Northern Mariana Islands is found in the Fishery 
Ecosystem Plan for the Mariana Archipelago (FEP) available from the 
Western Pacific Regional Fishery Management Council, 1164 Bishop St., 
Suite 1400, Honolulu, HI 96813, telephone 808-522-8220, fax 808-522-
8226, or https://www.wpcouncil.org. Copies of supporting documents for 
this action are available at https://www.regulations.gov/docket/NOAA-NMFS-2024-0002, or from Sarah Malloy, Acting Regional Administrator, 
NMFS Pacific Islands Regional Office (PIRO), 1845 Wasp Blvd., Bldg. 
176, Honolulu, HI 96818.

FOR FURTHER INFORMATION CONTACT: Keith Kamikawa, NMFS Pacific Islands 
Regional Office, Sustainable Fisheries, 808-725-5177.

SUPPLEMENTARY INFORMATION: NMFS and the Western Pacific Regional 
Fishery Management Council (Council) manage the bottomfish fishery in 
the U.S. Exclusive Economic Zone (i.e., Federal waters, generally 3-200 
nautical miles (nmi) (345 kilometers (km)) around the CNMI under the 
Fishery Ecosystem Plan for the Mariana Archipelago (FEP), as authorized 
by the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). Consistent with the process in the FEP, the 
Council and NMFS must specify ACLs, ACTs, and AMs for each stock and 
stock complex of each management unit species (MUS), as recommended by 
the Council, and must consider the best available scientific, 
commercial, and other information about the fishery. If a fishery 
exceeds an ACL, regulations require the Council to act (e.g., enactment 
of an AM reducing the ACL for the subsequent fishing year by the amount 
of the overage). ACTs can be used as an additional management measure 
to help ensure catch does not exceed the ACL.
    NMFS is implementing for the CNMI bottomfish fishery an ACL of 
82,000 pounds (lb) (37,195 kilograms (kg)) and an ACT of 75,000 lb 
(34,019 kg) (Table 1). The fishing year begins on January 1 and ends on 
December 31, and catch from both territorial waters (generally from the 
shoreline to 3 nmi, (5.6 km offshore)) and Federal waters will be 
counted towards the ACL and ACT.

   Table 1--Annual Catch Limits and Annual Catch Targets for the CNMI
                           Bottomfish Complex
------------------------------------------------------------------------
                                                        2024      2025
------------------------------------------------------------------------
ACL (lb)............................................    82,000    82,000
ACT (lb)............................................    75,000    75,000
------------------------------------------------------------------------

    The rule will not change the current AM for the CNMI bottomfish 
fishery: if the average catch of the three most recent years exceeds 
the specified ACL in a fishing year, NMFS will reduce the ACL and the 
ACT for the subsequent year by the amount of the overage in a separate 
rulemaking. If the average catch from the most recent 3-year period 
exceeds the ACT, but is below the ACL, NMFS will not apply a post-
season correction.
    This rule is consistent with recommendations made by the Council at 
its 195th meeting in June 2023. Additional background information on 
this action is in the preamble to the proposed rule (89 FR 45623, May 
23, 2024).

Comments and Responses

    On May 23, 2024, NMFS published a proposed rule and request for 
public comments (89 FR 45623). The comment period ended on June 24, 
2024. NMFS received one public comment about offshore wind and the 
North Atlantic right whale, which is not related to the proposed rule 
or any other relevant topic. Therefore, NMFS made no changes to the 
final rule based on the public comment received.

Changes From the Proposed Rule

    This final rule contains no changes from the proposed rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed 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. No relevant comments were 
received regarding this certification. As a result, a final 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

    Fisheries, Fishing, Commonwealth of the Northern Mariana Islands, 
Bottomfish management unit species, Annual catch limit, Accountability 
measure, Pacific Islands, Western Pacific.

    Dated: July 25, 2024.
Kimberly Damon-Randall,
Acting 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. In Sec.  665.408, revise paragraph (a) to read as follows:


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

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

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                        2024      2025
------------------------------------------------------------------------
ACL (lb)............................................    82,000    82,000
ACT (lb)............................................    75,000    75,000
------------------------------------------------------------------------

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[FR Doc. 2024-16822 Filed 7-30-24; 8:45 am]
BILLING CODE 3510-22-P