Federal Register / Vol. 87, No. 34 / Friday, February 18, 2022 / Rules and Regulations 9271 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 220214–0047] 

RIN 0648–BK66 

Pacific Island Fisheries; Rebuilding 

Plan for Guam Bottomfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule implements a 

rebuilding plan that includes annual 

catch limits (ACL) and accountability 

measures (AM) for the overfished 

bottomfish stock complex in Guam. This 

action is necessary to rebuild the 

overfished stock consistent with the 

requirements of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

DATES: The final rule is effective March 

21, 2022. 

ADDRESSES: Copies of Amendment 6, 

including an Environmental Assessment 

and Regulatory Impact Review, and 

other supporting documents for this 

action are available at https://

www.regulations.gov/document/NOAANMFS-2021-0104. 

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 Guam bottomfish fishery under the 

Fishery Ecosystem Plan for the Mariana 

Archipelago (FEP) and implementing 

regulations. The Guam fishery harvests 

13 species of emperors, snappers, 

groupers, and jacks. There are more than 

300 participants in the fishery. Most 

(73.6 percent) of the 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 

to the northeast and southwest of Guam. 

On February 10, 2020, NMFS notified 

the Council that the Guam bottomfish 

stock complex was overfished, but not 

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. 

Amendment 6 implements a 

rebuilding plan for the Guam bottomfish 

stock complex that consists of an ACL 

and two AMs. We will set the ACL at 

31,000 lb (14,061 kg) starting in 2022. 

Because the complex exists in both 

territorial and Federal waters around 

Guam, we are obligated to manage the 

stock throughout its range and will 

count harvests from territorial and 

Federal waters toward the ACL. 

However, existing data collection 

programs do not differentiate catch from 

territorial versus Federal waters. 

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. Because Guam 

does not currently have regulations in 

place to implement a complementary 

ACL and in-season AM in territorial 

waters, as an additional AM, if 

subsequent analyses indicate that the 

fishery exceeded the ACL during a year, 

we would close the fishery in Federal 

waters until NMFS and the Territory of 

Guam implement a coordinated 

management approach and implement 

regulations 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 nine years. 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 MagnusonStevens Act. 

You may find additional background 

information on this action in the 

preamble to the proposed rule (86 FR 

67426, November 26, 2021). 

Comments and Responses 

On November 15, 2021, NMFS 

published a notice of availability (NOA) 

for Amendment 6 and requested public 

comments (86 FR 62982). The comment 

period ended January 14, 2022, and no 

comments were received. 

On November 26, 2021, NMFS 

published the proposed rule and again 

requested public comments (86 FR 

67426). That comment period ended 

January 10, 2022. NMFS received 

comments from five individuals and 

responds below. 

Comment 1: The plan promotes 

rebuilding of the Guam bottomfish stock 

complex, which also benefits the 

communities that rely on this fishery. 

The plan acknowledges the dietary and 

cultural importance of the stock while 

also considering the cultural importance 

of the fishery and the financial impact 

of the proposed action. 

Response: We agree. 

Comment 2: If individual fishermen 

begin to experience significant adverse 

economic effects, would NMFS lower 

the standards or provide relief to these 

fishermen? 

Response: The Council and NMFS 

selected this rebuilding plan because it 

rebuilds the stock complex while 

minimizing negative socio-economic 

impacts to the fishing community. In 

the past 10 years, catch has only 

exceeded the proposed ACL twice. 

Limiting total bottomfish catches 

annually as proposed is expected to 

increase stock biomass, providing longterm benefits to fishery participants. 

NMFS will evaluate the progress of the 

rebuilding plan, including all 

environmental and socioeconomic 

effects, at least every two years, as 

required by the Magnuson-Stevens Act, 

and work with the Council to revise the 

rebuilding plan if necessary. 

Comment 3: The proposed rebuilding 

plan does not impose too large of an 

impact on the people of Guam, it 

restores the bottomfish stock, and is 

scientifically supported. There should 

be mandatory reporting of catch to help 

enforce against overfishing. 

Response: We require large vessels 

(>50 ft, >15.2 m) that fish in Federal 

waters to hold a Federal permit and 

report their catch (50 CFR 665.404(a)); 

however, there are no current Federal 

permit holders. Small vessels (<50 ft, 

<15.2 m) are predominantly fishing in 

territorial waters and do not require a 

Federal permit to fish in Federal waters 

and are not required to report their 

catch to NMFS. The Guam Division of 

Aquatic and Wildlife Resources (DAWR) 

collects and provides NMFS with 

fishery catch information through 

voluntary fishermen surveys, and 

voluntary commercial sales data from its 

commercial receipt book program. The 

Council and NMFS continue to monitor 

catches through these systems to track 

catch toward the ACL and implement 

AMs if necessary. The Council 

considered requiring mandatory 

reporting alongside bag limits in Federal 

waters as an element of this rebuilding 

plan, but decided not to pursue this 

option because it would require 

substantial administrative resources and 

effort from NMFS to develop a reporting 

system, additional resources and effort 


jspears on DSK121TN23PROD with RULES1
9272 Federal Register / Vol. 87, No. 34 / Friday, February 18, 2022 / Rules and Regulations 

from the NOAA Office of Law 

Enforcement and the U.S. Coast Guard 

to enforce these requirements, and 

could result in additional costs to 

fishermen in terms of increased time 

dedicated to accurately report catch (see 

Environmental Assessment Section 

2.8.3). The implementation of a 

permitting program or additional 

monitoring measures for territorial 

waters is at the discretion of DAWR. See 

also response to Comment 1. 

Comment 4: Support the proposed 

rebuilding plan. Regulators should work 

closely with Guam fishing communities, 

improve data collection to distinguish 

catch from territorial versus Federal 

waters, and coordinate territorial and 

Federal management. 

Response: We agree and value 

community input. The community 

participates in decision-making 

processes through Council advisory 

panels, its Council representatives, 

public input during Council 

deliberations, and through public 

comment periods during NMFS 

rulemaking processes. NMFS and the 

Council work closely with the Guam 

Government through its Council 

members and its representatives on the 

Council Scientific and Statistical 

Committee and other Council advisory 

bodies. 

Comment 5: By implementing annual 

catch limits and accountability 

measures, this rebuilding plan secures 

environmental and economic security 

for all of its stakeholders and will result 

in continued and sustained prosperity 

of fishers. NMFS should incentivize 

community participation in the decision 

making process. 

Response: We agree, value community 

input, and will continue to encourage 

community participation in the several 

ways noted above. 

Changes From the Proposed Rule 

This final rule does not make any 

substantive changes from the proposed 

rule. 

Classification 

Pursuant to section 304(b)(3) of the 

Magnuson-Stevens Fishery and 

Conservation Act, the NMFS Assistant 

Administrator has determined that this 

final 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 did not receive any comments 

regarding this certification. As a result, 

a 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, Annual 

catch limits, Bottomfishing, Fisheries, 

Fishing, Guam, Pacific Islands, 

Rebuilding. 

Dated: February 14, 2022. 

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. In § 665.405, add paragraphs (g) and 

(h) to read as follows: 

§ 665.405 Prohibitions. 

* * * * * 

(g) Fish for or possess any Mariana 

Bottomfish MUS as defined in § 665.401 

in the Guam Management Subarea after 

a closure of the fishery in violation of 

§ 665.409(d). 

(h) Sell or offer for sale any Mariana 

Bottomfish MUS as defined in § 665.401 

in the Guam Management Subarea after 

a closure of the fishery in violation of 

§ 665.409(e). 

■ 3. Revise § 665.408 to read as follows: 

§ 665.408 CNMI Annual Catch Limits (ACL) 

and Annual Catch Targets (ACT). 

(a) In accordance with § 665.4, the 

ACL and ACT for Mariana bottomfish 

MUS in the CNMI Management Subarea 

for each fishing year is as follows: 

TABLE 1 TO PARAGRAPH (a) 

2021 2022 2023 

ACL (lb) ........................................................................................................................................ 84,000 84,000 84,000 

ACT (lb) ....................................................................................................................................... 78,000 78,000 78,000 

(b) If the average catch of the three 

most recent years exceeds the specified 

ACL in a fishing year, the Regional 

Administrator will reduce the ACL and 

the ACT for the subsequent year by the 

amount of the overage in a separate 

rulemaking. 

■ 4. Add § 665.409 to read as follows: 

§ 665.409 Guam Annual Catch Limits 

(ACL). 

(a) In accordance with § 665.4, the 

ACL for Mariana bottomfish MUS in the 

Guam Management Subarea is 31,000 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 and regulations are 

implemented 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) 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 34 / Friday, February 18, 2022 / Rules and Regulations 9273 

or (c) of this section, fishing for and 

possession of Mariana bottomfish MUS 

is prohibited in the Guam Management 

Subarea, 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, sale, offering for 

sale, and purchase of any Mariana 

bottomfish MUS caught in the Guam 

Management Subarea is prohibited. 

[FR Doc. 2022–03517 Filed 2–17–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210210–0018] 

RTID 0648–XB754 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Using Pot Gear in the Central 

Regulatory Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by vessels using 

pot gear in the Central Regulatory Area 

of the Gulf of Alaska (GOA). This action 

is necessary to prevent exceeding the A 

season allowance of the 2022 total 

allowable catch (TAC) of Pacific cod by 

vessels using pot gear in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), February 16, 2022, 

through 1200 hours, A.l.t., June 10, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The A season allowance of the 2022 

Pacific cod TAC apportioned to vessels 

using pot gear in the Central Regulatory 

Area of the GOA is 2,615 metric tons 

(mt) as established by the final 2021 and 

2022 harvest specifications for 

groundfish in the GOA (86 FR 10184, 

February 19, 2021) and inseason 

adjustment (86 FR 74384, December 30, 

2021). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the A season allowance 

of the 2022 Pacific cod TAC 

apportioned to vessels using pot gear in 

the Central Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 2,605 mt 

and is setting aside the remaining 10 mt 

as bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

vessels using pot gear in the Central 

Regulatory Area of the GOA. 

While this closure is effective the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay the closure of Pacific 

cod by vessels using pot gear in the 

Central Regulatory Area of the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of February 14, 

2022. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice and opportunity 

for public comment. 

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

Dated: February 15, 2022. 

Ngagne Jafnar Gueye, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–03637 Filed 2–16–22; 4:15 pm] 

BILLING CODE 3510–22–P 


jspears on DSK121TN23PROD with RULES1