[Federal Register Volume 89, Number 216 (Thursday, November 7, 2024)]
[Rules and Regulations]
[Pages 88170-88172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25829]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 241101-0287]
RIN 0648-BN03


Pacific Island Fisheries; Amendment 7 to the Fishery Ecosystem 
Plan for the American Samoa Archipelago and Final Rule; Discontinue 
Rebuilding Plan for American Samoa Bottomfish and Implement Annual 
Catch Limits and Accountability Measures for Fishing Years 2024-2026

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 amends the Fishery Ecosystem Plan for the 
American Samoa Archipelago (FEP) to discontinue the rebuilding plan for 
American Samoa bottomfish and implements single-species annual catch 
limits (ACL) and accountability measures (AM) for bottomfish in the 
American Samoa archipelago for fishing years 2024, 2025 and 2026. The 
action is necessary because new best scientific information indicates 
the fishery is not overfished or experiencing overfishing, and new ACLs 
and AMs are warranted. This final rule supports the long-term 
sustainability of the fishery.

DATES: This rule is effective December 9, 2024.

ADDRESSES: Background information on the bottomfish fishery in American 
Samoa is found in the 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-2024-0088, or 
from Sarah Malloy, 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 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) (6-345 kilometers (km)) around American Samoa under the FEP 
for the American Samoa Archipelago, as authorized by the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). 
The 2019 stock assessment for the American Samoa bottomfish fishery 
indicated that the stock was overfished and experiencing overfishing. 
The fishery has therefore been managed under a rebuilding plan since 
2022 (87 FR 25590, May 5, 2022). However, in September 2023 NMFS 
determined that none of the stocks in the fishery are overfished and 
were not overfished in the year in which the 2019 overfished 
determination was made or in any year since. Accordingly, NMFS is 
discontinuing the rebuilding plan, and implementing new ACLs and AMs to 
prevent overfishing and provide sustainable management for the fishery 
consistent with the FEP, the Magnuson-Stevens Act and implementing 
regulations.
    NMFS is implementing the following single-species ACLs for each of 
the bottomfish management unit species (BMUS) assessed by the 2023 
benchmark stock assessment for fishing years 2024, 2025 and 2026. The 
fishing year for American Samoa bottomfish begins on January 1 and ends 
on December 31.

 Table 1--ACLs for American Samoa BMUS for Fishing Years 2024, 2025, and
                                  2026
------------------------------------------------------------------------
             Species                  Samoan name         ACL (lb/kg)
------------------------------------------------------------------------
Aphareus rutilans...............  Palu-gutusiliva....        8,554/3,880
Aprion virescens................  Asoama.............        4,872/2,210
Caranx lugubris.................  Tafauli............        3,086/1,400
Etelis coruscans................  Palu-loa...........        4,872/2,210
Lethrinus rubrioperculatus......  Filoa-paomumu......        8,554/3,880
Lutjanus kasmira................  Savane.............       16,645/7,550
Pristipomoides flavipinnis......  Palu-sina..........        2,579/1,170
Pristipomoides zonatus..........  Palu-ula...........          1,521/690
Variola louti...................  Velo...............        2,205/1,000
------------------------------------------------------------------------


[[Page 88171]]

    All ACLs are below the overfishing limits (equal to 50 percent risk 
of overfishing), and below the allowable biological catches established 
by the Council's Scientific and Statistical Committee, consistent with 
National Standard 1 of the Magnuson-Stevens Act. Further, NMFS is 
establishing indicator species for E. carbunculus and P. filamentosus, 
which were not assessed in the 2023 stock assessment due to data 
limitations. E. coruscans is the indicator species for E. carbunculus 
and P. flavipinnis is the indicator species for P. filamentosus. This 
rule does not establish separate ACLs for E. carbunculus and P. 
filamentosus. Instead, they are be subject to the post-season AM based 
on catch of the indicator species, as defined at 50 CFR 
600.310(d)(2)(ii).
    As an AM for all assessed species, if the average catch from the 
most recent 3-year period exceeds the ACL for any species, NMFS will 
reduce the ACL for that species in the subsequent year by the amount of 
overage. Although the ACLs apply to Federal waters, both catch from 
territorial and Federal waters will be counted towards the ACLs. 
American Samoa does not currently implement catch limits in territorial 
waters. As an additional performance measure specified in the FEP, if 
catches exceed an ACL more than once in a 4-year period, the Council 
must re-evaluate the ACL process, and adjust the system, as necessary, 
to improve its performance and effectiveness for that species.
    This rule is consistent with recommendations made by the Council at 
its 197th meeting in December 2023. Additional background information 
on this action is in the preamble to the proposed rule (89 FR 67402, 
August 20, 2024).

Comments and Responses

    On August 2, 2024, NMFS published a notice of availability for the 
draft amendment and request for public comments (89 FR 63155). The 
comment period ended on October 1, 2024. On August 20, 2024, NMFS 
published the associated proposed rule and request for public comments 
(89 FR 67402), and NMFS did not receive any comments on the Amendment. 
The comment period for the proposed rule ended on October 4, 2024. NMFS 
received one comment on the proposed rule that was generally in support 
of the action. NMFS made no changes to the final rule based on the 
public comment received.
    Comment 1: There appears to be very few negative biophysical 
impacts created by this proposal. Implementing single species ACLs will 
prevent overfishing of individual BMUS species and allow the use of an 
AM to diminish the effects of harvest for individual species. 
Consistent year-to-year harvest will reduce economic stress in relation 
to socioeconomic standings, and a more sustainable approach to fishing 
will be introduced, ultimately increasing profit. There is no evidence 
of the proposed action conflicting with Federal rules or putting 
smaller commercial entities at a disadvantage compared to larger 
entities.
    Response: NMFS agrees, and we will continue to manage the fishery 
in Federal waters to perpetuate sustainable fisheries resources for 
communities in American Samoa, consistent with the Magnuson-Steven Act, 
the FEP and implementing regulations.

Changes From the Proposed Rule

    This final rule contains one minor technical change from the 
proposed rule for consistency in the regulatory text, to clarify that 
the post-season overage adjustment would apply if the ACL is exceeded 
rather than if it is reached.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this 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 one comment on 
the proposed rule that was generally in support of the action; no 
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

    Accountability measures, American Samoa, annual catch limits, 
bottomfish management unit species, Fisheries, Fishing, Pacific 
Islands, Western Pacific.

    Dated: November 1, 2024.
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. Revise Sec.  665.103 to read as follows:


Sec.  665.103  Prohibitions.

    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 fish 
for American Samoa bottomfish MUS or ECS using gear prohibited under 
Sec.  665.104.


0
3. Revise Sec.  665.106 to read as follows:


Sec.  665.106   American Samoa annual catch limits (ACL).

    (a) Annual catch limits (ACL). In accordance with Sec.  665.4, the 
ACLs for American Samoa bottomfish MUS during fishing years 2024, 2025 
and 2026 are as follows:

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
             Species                  Samoan name           ACL (lb)
------------------------------------------------------------------------
Aphareus rutilans...............  Palu-gutusiliva....              8,554
Aprion virescens................  Asoama.............              4,872
Caranx lugubris.................  Tafauli............              3,086
Etelis coruscans................  Palu-loa...........              4,872
Lethrinus rubrioperculatus......  Filoa-paomumu......              8,554
Lutjanus kasmira................  Savane.............             16,645
Pristipomoides flavipinnis......  Palu-sina..........              2,579

[[Page 88172]]

 
Pristipomoides zonatus..........  Palu-ula...........              1,521
Variola louti...................  Velo...............              2,205
------------------------------------------------------------------------

    (b) Post-season accountability measure (AM). If the average catch 
of any species in the most recent three years exceeds its specified 
ACL, the Regional Administrator will make an overage adjustment in a 
separate rulemaking to reduce the ACL for that species for the 
subsequent year by the amount of the overage. All ACLs for species for 
which the three most recent years of catch did not exceed the ACL will 
remain unchanged.
    (c) Indicator species. E. coruscans will serve as an indicator 
species for E. carbunculus and P. flavipinnis will serve as an 
indicator species for P. filamentosus. There are no separate ACLs and 
AMs for E. carbunculus and P. filamentosus. E. carbunculus will be 
subject to the post-season AM if E. coruscans exceeds the ACL. P. 
filamentosus will be subject to the post-season AM if P. flavipinnis 
reaches exceeds the ACL.

[FR Doc. 2024-25829 Filed 11-6-24; 8:45 am]
BILLING CODE 3510-22-P