Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Proposed Rules 6479 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

Subpart C—Eastern Pacific Tuna 

Fisheries 

■ 3. The authority citation for 50 CFR 

part 300, subpart C, continues to read as 

follows: 

Authority: 16 U.S.C. 951 et seq. 

■ 4. In § 300.24, revise paragraph (n) to 

read as follows: 

§ 300.24 Prohibitions. 

* * * * * 

(n) Use a fishing vessel of class size 

4–6 to fish with purse seine gear in the 

Convention Area in contravention of the 

observer requirements in § 300.25(d) or 

the purse seine closure period 

requirements in § 300.25(e)(1), (2), or 

(5). 

* * * * * 

■ 5. In § 300.25, add paragraph (d) to 

read as follows: 

§ 300.25 Fisheries management. 

* * * * * 

(d) Observer requirements. 

(1) Purse seine vessels. 

(i) The holder of an eastern tropical 

Pacific Ocean vessel permit, as required 

by § 216.24(b) of this title, must allow 

an observer duly authorized by the 

Administrator, West Coast Region, to 

accompany the vessel on all fishing 

trips in the IATTC Convention Area for 

the purpose of conducting research and 

observing operations, including 

collecting information that may be used 

in civil or criminal penalty proceedings, 

forfeiture actions, or permit sanctions, 

pursuant to the requirements in 

§ 216.24(e) of this title. A vessel that 

fails to carry an observer in accordance 

with these requirements may not engage 

in fishing operations unless an 

exemption has been granted from these 

requirements as provided for in 

§ 216.24(e)(1)(i) of this title. 

(ii) [Reserved]. 

(2) [Reserved]. 

* * * * * 

[FR Doc. 2022–02162 Filed 2–3–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 20131–0037] 

RIN 0648–BK79 

Pacific Island Fisheries; Rebuilding 

Plan for the American Samoa 

Bottomfish Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

a rebuilding plan that includes annual 

catch limits (ACL) and accountability 

measures (AM) for the overfished 

bottomfish stock complex in American 

Samoa. This action is necessary to end 

overfishing and rebuild the overfished 

stock consistent with the requirements 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: NMFS must receive comments 

by March 21, 2022. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2022–0006, by either of the 

following methods: 

• 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 the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Send written comments to 

Michael D. Tosatto, Regional 

Administrator, NMFS Pacific Islands 

Region (PIR), 1845 Wasp Blvd., Bldg. 

176, Honolulu, HI 96818. 

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 will 

generally be posted 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). 

The Western Pacific Fishery 

Management Council (Council) 

prepared Amendment 5 to the Fishery 

Ecosystem Plan for the American Samoa 

Archipelago (FEP), which includes a 

draft environmental assessment (EA) 

and Regulatory Impact Review. Copies 

of Amendment 5 and other supporting 

documents are available at 

www.regulations.gov, or from the 

Council, 1164 Bishop St., Suite 1400, 

Honolulu, HI 96813, tel 808–522–8220, 

www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Heather Cronin, NMFS PIR Sustainable 

Fisheries, 808–725–5179. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage the American 

Samoa bottomfish fishery under the FEP 

and implementing regulations. The 

fishery primarily targets and harvests a 

complex of 11 bottomfish management 

unit species (BMUS), which includes 

emperors, snappers, groupers, and jacks. 

Bottomfish are typically harvested in 

deep waters, though some species are 

caught over reefs at shallower depths. 

Most (85 percent) bottomfish habitat is 

in territorial waters (generally from the 

shoreline to 3 nautical miles (5.6 km) 

offshore), with the rest in Federal waters 

(i.e., the U.S Exclusive Economic Zone) 

around offshore banks. Fishing for 

bottomfish in American Samoa 

primarily occurs within 20 mi (32.2 km) 

from shore using aluminum catamarans 

less than 32 ft (9.7 m) long, known 

locally as alia. 

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. 

Bottomfish fishermen in American 

Samoa are not required to obtain a 

Federal permit to fish for BMUS or to 

report their BMUS catch to NMFS. The 

American Samoa Department of Marine 

and Wildlife Resources collects fishery 

catch information from fishermen 

through voluntary creel surveys, and 

commercial sales data from the 

mandatory commercial receipt book 

program. There are no territorial 

permitting requirements to fish for 

bottomfish in territorial waters. 

The fishery is relatively small, with 

fewer than 20 participants in the fishery 

(86 FR 3028, January 14, 2021), 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 


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6480 Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Proposed Rules 

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 American Samoa 

bottomfish stock complex was 

overfished and subject to overfishing (85 

FR 26940, May 6, 2020). Consistent with 

section 304(e) of the Magnuson-Stevens 

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. The rebuilding plan must 

specify the timeframe for rebuilding the 

stock complex’s biomass to a level that 

is capable of producing maximum 

sustainable yield (BMSY). The rebuilding 

timeframe must be as short as possible, 

taking into account the status and 

biology of the overfished stock, the 

needs of fishing communities, and the 

interaction of the overfished stock of 

fish within the marine ecosystem and 

cannot exceed 10 years, except in cases 

where the biology of the stock of fish, 

other environmental conditions, or 

management measures under an 

international agreement in which the 

United States participates dictate 

otherwise. The rebuilding must also 

have at least a 50 percent probability of 

attaining the BMSY, where such 

probabilities can be calculated. 

If approved, Amendment 5 would 

implement a rebuilding plan for the 

American Samoa bottomfish stock 

complex that consists of an ACL and 

two AMs. We would set the ACL 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. This rebuilding plan 

was selected because it allows for the 

least disruption to the fishing 

community and minimizes negative 

socio-economic impacts while still 

rebuilding the stock complex within the 

10-year period required by the 

Magnuson-Stevens Act. NMFS and the 

Council would review the rebuilding 

plan routinely every two years and 

modify it, as necessary, per section 

304(e)(7) of the Magnuson-Stevens Act. 

NMFS must receive comments on this 

proposed rule by the date provided in 

the DATES section. NMFS is also 

soliciting comments on proposed 

Amendment 5; see the Notice of 

Availability (NOA) published on Date 

(FR citation). NMFS must receive 

comments on the NOA by Date. NMFS 

may not consider any comments not 

postmarked or otherwise transmitted by 

that date. NMFS will consider 

comments on both the NOA and this 

proposed rule in our decision to 

approve, disapprove, or partially 

approve Amendment 5. NMFS 

specifically invites public comments 

that address the impact of the proposed 

rule and Amendment 5 on cultural 

fishing in American Samoa. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed action is consistent 

with the FEP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable laws, subject to further 

consideration after public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. A 

description of the proposed action, why 

it is being considered, and the legal 

basis for it are contained in the 

preamble to this proposed rule. 

The American Samoa bottomfish 

fishery is primarily a non-commercial 

fishery and is relatively small, with 

fewer than 20 participants, many of 

whom also participate in other fisheries 

such as troll and small-scale longline. 

Since 2011, percent of catch sold ranged 

from 2.9 percent in 2011 to 15.4 percent 

in 2014. In 2020, fishermen sold 3.2 

percent of bottomfish catch. Fishing for 

bottomfish primarily occurs using 

aluminum alia catamarans less than 32 

ft (9.7 m) in length that are outfitted 

with outboard engines and wooden 

hand reels that fishermen use for both 

trolling and bottomfish fishing. The 

demand for bottomfish on American 

Samoa varies depending on the need for 

fish at community events, and alia 

fishermen may switch to bottomfish 

fishing during periods when target 

longline catches or prices are low. 

Between 2018 and 2020, the bottomfish 

catch averaged 12,587 lb (5,709 kg) with 

7.2 percent sold, with remaining catch 

likely to be non-commercial catch, kept 

for personal consumption or shared 

within the community. In 2020, the 

most recent year for which catch data 

are available, the total estimated annual 

catch of American Samoa BMUS was 

9,592 lb (4,350 kg), with commercial 

catch an estimated 307 lb (139 kg). 

Using the average bottomfish price in 

2020 of $3.48/lb ($7.67/kg), 2020 

bottomfish revenue is estimated to be 

$1,067. However, the 2020 price for 

bottomfish was lower than the average 

prices for 2017 ($5.11), 2018 ($4.25), 

2019 ($4.24). Using the most recent 3- 

year average catch of bottomfish (12,587 

lb or 5,709 kg) and the 2020 bottomfish 

price per pound ($3.48/lb or $7.67/kg), 

NMFS estimates the expected annual 

total revenue of the fishery to be $3,179. 

Under this scenario, the expected 

annual revenue for each of the 20 

participants of this fishery from 

commercial bottomfish catch is $159. If 

NMFS were to apply a higher price to 

the analyses, estimated revenues and 

revenue losses would be higher. 

Under the proposed action, with an 

ACL of 5,000 lb (2,269 kg) and an inseason AM to close Federal waters upon 

reaching the ACL for the bottomfish 

fishery in American Samoa, NMFS 

expects the fishery to exceed the ACL 

within the first half of the year. The 

reduction in catch because of this action 

could be offset if fishing effort in 

Federal waters relocates to territorial 

waters (assuming that the American 

Samoa government does not implement 

complementary measures in territorial 

waters). Without complementary 


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Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Proposed Rules 6481 

management in place, NMFS expects 

the fishery to land 11,534 lb (5,231 kg) 

or more in 2022, which would exceed 

the ACL. As a result, Federal waters 

would close. However, even after a 

closure of Federal waters, NMFS 

expects the fishery to land 10,784 lb 

(4,891 kg) or more from territorial 

waters. The expected catch would 

depend on the level of fishing activity 

transferring to territorial waters, once 

the in-season closure occurs. If all 

fishing effort that would have been 

conducted in Federal waters moves to 

territorial waters, catch could be closer 

to levels when the fishery had not been 

constrained by a limit. However, if postclosure fishing effort in Federal waters 

does not move to territorial waters, then 

implementing the proposed action 

would result in a potential reduction of 

1,153 lb (523 kg) in catch in 2022 and 

1,903 lb (863 kg) for every subsequent 

years of the rebuilding plan compared to 

the status quo. The estimated fleetwide 

bottomfish revenue during the first year 

of implementing the rebuilding plan 

could be as low as $2,888. Under this 

scenario, the 20 participants would earn 

approximately $144 each. For 

subsequent years, fleetwide revenue 

could be as low as $2,702 ($135 per 

participant). These would represent 

reduction in bottomfish revenue of $15 

in 2022 and $24 for subsequent years, 

compared to the status quo. Fishermen 

could offset loss in revenue by selling 

some of their catch that had been 

intended to be retained or shared (noncommercial catch) or by relocating 

fishing effort to territorial waters which 

are likely to remain open. 

The fishery is not expected to 

substantially change the way it fishes 

with respect to fishing gear, fishing 

effort, participation, or intensity, but 

may change slightly with respect to total 

catch and areas fished, with the 

fishermen who would normally choose 

to fish in Federal waters being affected 

more adversely. Larger impacts would 

occur if the American Samoa 

government implemented a 

complementary closure in territorial 

waters with expected fleetwide catch of 

5,000 lb the first year (2,269 kg) and no 

bottomfish catch during subsequent 

years until a coordinated management 

approach is developed that ensures 

catch in both Federal and territorial 

waters can be maintained at levels that 

allow the stock to rebuild. While 

limiting total bottomfish catches 

annually may result in short-term 

economic impacts to fishery 

participants, rebuilding stock biomass to 

BMSY is expected to increase the 

exploitable biomass which, in turn, is 

expected to provide for long-term 

sustainability of fishery resources while 

allowing fishery participants to 

continue to benefit from their use. 

NMFS has established a small 

business size standard for businesses, 

including their affiliates, whose primary 

industry is commercial fishing (see 50 

CFR 200.2). A business primarily 

engaged in commercial fishing (NAICS 

code 11411) is classified as a small 

business if it is independently owned 

and operated, is not dominant in its 

field of operation (including its 

affiliates), and has combined annual 

receipts not in excess of $11 million for 

all its affiliated operations worldwide. 

Based on available information, NMFS 

has determined that all vessels subject 

to the proposed action are small entities, 

i.e., they are engaged in the business of 

finfish harvesting (NAICS code 114111), 

are independently owned or operated, 

are not dominant in their field of 

operation, and have annual gross 

receipts not in excess of $11 million. 

Even though this proposed action would 

apply to a substantial number of vessels, 

the implementation of this action would 

not result in significant adverse 

economic impact to individual vessels. 

The proposed action does not 

duplicate, overlap, or conflict with other 

Federal rules and is not expected to 

have significant impact on small entities 

(as discussed above), organizations or 

government jurisdictions. There does 

not appear to be disproportionate 

adverse economic impacts from the 

proposed rule based on home port, gear 

type, or relative vessel size. The 

proposed rule will not place a 

substantial number of small entities, or 

any segment of small entities, at a 

significant competitive disadvantage to 

large entities. As a result, an initial 

regulatory flexibility analysis is not 

required and none has been prepared. 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR 665 

Administrative practice and 

procedure, American Samoa, 

Bottomfish, Fisheries, Fishing, Pacific 

Islands. 

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

Dated: January 31, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS proposes to amend 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 do any of the following: 

(a) Fish for American Samoa 

bottomfish MUS or ECS using gear 

prohibited under § 665.104. 

(b) Fish for or possess any American 

Samoa Bottomfish MUS as defined in 

§ 665.101 after a closure of the fishery 

in violation of § 665.106. 

(c) Sell or offer for sale any American 

Samoa Bottomfish MUS as defined in 

§ 665.101 after a closure of the fishery 

in violation of § 665.106. 

■ 3. Add § 665.106 to read as follows: 

§ 665.106 American Samoa Annual Catch 

Limits (ACL). 

(a) In accordance with § 665.4, the 

ACL for American Samoa bottomfish 

MUS is 5,000 lb. 

(b) When NMFS projects the ACL will 

be reached, 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 that 

is not earlier than seven days after the 

date of filing the closure notice for 

public inspection at the Office of the 

Federal Register, through the end of the 

fishing year in which the catch limit is 

reached. 

(c) If the ACL is exceeded in any 

fishing year, 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 that 

is not earlier than seven days after the 

date of filing the closure notice for 

public inspection at the Office of the 

Federal Register. The fishery will 

remain closed until such time that a 

coordinated approach to management is 

developed that ensures catch in both 

Federal and territorial waters can be 

maintained at levels that allow the stock 

to rebuild or the rebuilding plan is 

modified based on the best scientific 

information available. 

(d) On and after the date the fishery 

is closed as specified in paragraphs (b) 

or (c) of this section, fishing for and 

possession of American Samoa 


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6482 Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Proposed Rules 

bottomfish MUS is prohibited in the 

American Samoa fishery management 

area, except as otherwise authorized by 

law. 

(e) On and after the date the fishery 

is closed as specified in paragraphs (b) 

or (c) of this section, the sale, offering 

for sale, and purchase of any American 

Samoa bottomfish MUS caught in the 

American Samoa fishery management 

area is prohibited. 

[FR Doc. 2022–02350 Filed 2–3–22; 8:45 am] 

BILLING CODE 3510–22–P 


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