[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Rules and Regulations]
[Pages 9271-9273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03517]



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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.

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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/NOAA-NMFS-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 Magnuson-Stevens 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 long-term 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

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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 
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 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

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. In Sec.  665.405, add paragraphs (g) and (h) to read as follows:


Sec.  665.405  Prohibitions.

* * * * *
    (g) Fish for or possess any Mariana Bottomfish MUS as defined in 
Sec.  665.401 in the Guam Management Subarea after a closure of the 
fishery in violation of Sec.  665.409(d).
    (h) Sell or offer for sale any Mariana Bottomfish MUS as defined in 
Sec.  665.401 in the Guam Management Subarea after a closure of the 
fishery in violation of Sec.  665.409(e).

0
3. Revise Sec.  665.408 to read as follows:


Sec.  665.408  CNMI Annual Catch Limits (ACL) and Annual Catch Targets 
(ACT).

    (a) In accordance with Sec.  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)
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                                                                       2021            2022            2023
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ACL (lb)........................................................          84,000          84,000          84,000
ACT (lb)........................................................          78,000          78,000          78,000
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    (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.

0
4. Add Sec.  665.409 to read as follows:


Sec.  665.409  Guam Annual Catch Limits (ACL).

    (a) In accordance with Sec.  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)

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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