88170 Federal Register / Vol. 89, No. 216 / Thursday, November 7, 2024 / Rules and Regulations 

of this chapter). We prohibit hunting 

from any stand left up overnight. 

(ii) We prohibit hunting bear with 

dogs. 

(iii) Hunters must possess a refuge 

permit (FWS Form 3–2439, Hunt 

Application/Permit—National Wildlife 

Refuge System) to hunt in Area E 

(surrounding the office/visitor center). 

(iv) The condition set forth at 

paragraph (d)(2)(viii) applies. 

(v) Any ground blind used during any 

gun deer season must display at least 

144 square inches (929 square 

centimeters) of solid-blaze-orange or 

fluorescent pink material visible from 

all directions. 

(4) Sport fishing. We allow fishing on 

designated areas of the refuge subject to 

the following conditions: 

(i) We only allow bank fishing or 

fishing through the ice. 

(ii) We prohibit the use of fishing 

weights or lures containing lead. 

(iii) We prohibit the taking of any 

mussel (clam), crayfish, frog, leech, or 

turtle species by any method on the 

refuge (see § 27.21 of this chapter). 

(iv) We allow fishing in designated 

areas from legal sunrise to legal sunset 

each day. 

* * * * * 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2024–25905 Filed 11–6–24; 8:45 am] 

BILLING CODE 4333–15–P 

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. 

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/NOAANMFS-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 MagnusonStevens 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 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 216 / Thursday, November 7, 2024 / Rules and Regulations 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 postseason 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 reevaluate 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 MagnusonStevens 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 

■ 1. The authority citation for 50 CFR 

part 665 continues to read as follows: 

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

■ 2. Revise § 665.103 to read as follows: 

§ 665.103 Prohibitions. 

In addition to the general prohibitions 

specified in § 600.725 of this chapter 

and § 665.15, it is unlawful for any 

person to fish for American Samoa 

bottomfish MUS or ECS using gear 

prohibited under § 665.104. 

■ 3. Revise § 665.106 to read as follows: 

§ 665.106 American Samoa annual catch 

limits (ACL). 

(a) Annual catch limits (ACL). In 

accordance with § 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 


lotter on DSK11XQN23PROD with RULES1
88172 Federal Register / Vol. 89, No. 216 / Thursday, November 7, 2024 / Rules and Regulations 

TABLE 1 TO PARAGRAPH (a)—Continued 

Species Samoan name ACL 

(lb) 

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 postseason AM if P. flavipinnis reaches 

exceeds the ACL. 

[FR Doc. 2024–25829 Filed 11–6–24; 8:45 am] 

BILLING CODE 3510–22–P 


lotter on DSK11XQN23PROD with RULES1