[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Proposed Rules]
[Pages 3276-3277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01189]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

RIN 0648-BK79


Pacific Island Fisheries; Amendment 5 to the Fishery Ecosystem 
Plan for the American Samoa Archipelago; American Samoa Bottomfish 
Fishery Rebuilding Plan

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

ACTION: Announcement of availability of fishery ecosystem plan 
amendment; request for comments.

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SUMMARY: NMFS announces that the Western Pacific Fishery Management 
Council (Council) proposes to amend the Fishery Ecosystem Plan for the 
American Samoa Archipelago (FEP). If approved, Amendment 5 would 
establish a rebuilding plan for the American Samoa bottomfish stock 
complex. The Council recommended Amendment 5 to rebuild the bottomfish 
stock, which is overfished and experiencing overfishing.

DATES: NMFS must receive comments on Amendment 5 by March 22, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0006, by either of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2022-0006, in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    <bullet> Mail: Send written comments to Michael D. Tosatto, 
Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp 
Blvd., Bldg. 176, Honolulu, HI 96818.
    <bullet> 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 NMFS will generally post them 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).
    Amendment 5 includes a draft environmental assessment (EA) and 
regulatory impact review (RIR) that analyzes the potential impacts of 
the proposed action and alternatives considered. Copies of Amendment 5, 
including the EA and RIR, and other supporting documents, are available 
at https://www.regulations.gov or the Council, 1164 Bishop St., Suite 
1400, Honolulu, HI 96813, tel 808-522-8220, www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Heather Cronin, Sustainable Fisheries, 
NMFS PIR, 808-725-5179.

[[Page 3277]]


SUPPLEMENTARY INFORMATION: NMFS and the Council manage the American 
Samoa bottomfish fishery under the FEP and implementing regulations. 
The Council and NMFS only have the authority to develop and implement 
fishery management regulations in Federal waters, and the American 
Samoa Government has the authority to implement fishery management 
measures in territorial waters. The fishery primarily targets and 
harvests 11 species of emperors, snappers, groupers, and jacks. 
Bottomfish are typically harvested in deep waters, though some species 
are caught over reefs at shallower depths. Fishing for bottomfish 
primarily occurs within 20 miles from shore using aluminum catamarans 
less than 32 feet (9.7 m) long, known locally as alia. There are fewer 
than 20 participants in the fishery. Bottomfish fishermen in American 
Samoa are not required to obtain a Federal permit to fish for 
bottomfish management unit species (BMUS) or report their BMUS catch to 
NMFS. American Samoa has a mandatory requirement for entities that sell 
any seafood products (e.g., fish dealers, hotels, and restaurants) to 
submit invoice reports to American Samoa Division of Marine and 
Wildlife Resources. There are no territorial permitting requirements to 
fish for bottomfish in territorial waters.
    Currently, the fishery is relatively small and primarily non-
commercial, but it is still of importance to the local economy, and 
from social, cultural, and food security standpoints. In the past 20 
years, the estimated total catch has varied from a high of 42,301 lb 
(19,187 kg) in 2001 to a low of 7,688 lb (3,487 kg) in 2012. The 
average catch from 2018-2020 was 12,687 lb (5,755 kg), with 965 lb (438 
kg) attributed to the commercial fishery and the 11,722 lb (5,317 kg) 
attributed to the non-commercial sector. In 2020, the commercial price 
was $3.48/lb ($7.67/kg) and the estimated fishery revenue was $4,018.
    On February 10, 2020, NMFS notified the Council that the bottomfish 
stock complex was overfished and subject to overfishing (85 FR 26940, 
May 6, 2020). Consistent with section 304(e) of the Magnuson-Stevens 
Fishery Conservation and Management Act and implementing regulations at 
50 CFR 600.310(j), the Council must prepare, and NMFS must implement a 
rebuilding plan within two years of the notification. If approved, 
Amendment 5 would implement a rebuilding plan for the American Samoa 
bottomfish stock complex that consists of an annual catch limit (ACL) 
and two accountability measures (AM). We would set the ACL to 5,000 lb 
(2,268 kg) starting in 2022. Because NMFS is obligated to manage the 
stock throughout its range, and the complex exists in both territorial 
and Federal waters, we would count harvests from territorial and 
Federal waters toward the ACL. Note, however, that existing data 
collection programs do not differentiate catch from territorial versus 
Federal waters. The fishing year is the calendar year.
    As an in-season AM, if NMFS projects that the fishery will reach 
the ACL in any year, then we would close the fishery in Federal waters 
for the remainder of that year. At this time, the American Samoan 
Government does not have regulations in place to implement a 
complementary closure in territorial waters at the same time as a 
Federal closure. Therefore, NMFS expects there could continue to be 
fishing in territorial waters even after a closure of the bottomfish 
fishery in Federal waters, and this could offset the potential 
conservation benefits of restricting bottomfish harvest in Federal 
waters. As an additional AM, if the total annual catch (which includes 
catch from both Federal and territorial waters) exceeds the ACL during 
a year, we would close the fishery in Federal waters until NMFS and the 
Territory of American Samoa implement a coordinated management regime 
to ensure that the catch in both Federal and territorial waters is 
maintained at levels that allow the stock to rebuild. The rebuilding 
plan would remain in place until NMFS determines that the stock complex 
is rebuilt, which is expected to take 10 years if catches are 
maintained at the specified level. NMFS and the Council would review 
the rebuilding plan every two years and amend it, as necessary.
    NMFS must receive comments on Amendment 5 by March 22, 2022 for 
consideration in the decision to approve, partially approve, or 
disapprove the amendment. Concurrent with our review of the amendment 
under the Magnuson-Stevens Act procedures, NMFS expects to publish in 
the Federal Register and request public comment on a proposed rule that 
would implement the draft measures described in Amendment 5. NMFS 
specifically invites public comments that address the impact of 
Amendment 5 and the proposed rule on cultural fishing in American 
Samoa.

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

    Dated: January 18, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-01189 Filed 1-20-22; 8:45 am]
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