This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

32361 

Vol. 86, No. 116 

Monday, June 21, 2021 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 020614–0129] 

RIN 0648–BK62 

Pacific Island Fisheries; Interim 

Measures for American Samoa 

Bottomfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; interim 

measures. 

SUMMARY: This temporary rule 

implements an interim catch limit (ICL) 

of 13,000 lb (5,897 kg) of American 

Samoa bottomfish during the effective 

period of the rule in fishing year 2021. 

NMFS will monitor catches, and if the 

fishery reaches the ICL within the 

fishing year, we will close the fishery in 

Federal waters through the end of the 

effective period of this rule. These 

interim management measures are 

necessary to reduce overfishing of 

American Samoa bottomfish while 

minimizing socio-economic impacts to 

fishing communities. This temporary 

rule supports the long-term 

sustainability of American Samoa 

bottomfish. 

DATES: Effective June 21, 2021 through 

November 18, 2021. 

ADDRESSES: Copies of the Fishery 

Ecosystem Plan for the American Samoa 

Archipelago (FEP) are available from the 

Western Pacific Fishery Management 

Council (Council), 1164 Bishop St., 

Suite 1400, Honolulu, HI 96813, tel 

808–522–8220, or www.wpcouncil.org. 

NMFS prepared an environmental 

assessment (EA) that describes the 

potential impacts on the human 

environment that could result from this 

temporary rule. The EA and other 

supporting documents are available 

from www.regulations.gov/ 

docket?D=NOAA-NMFS-2020-0099. 

FOR FURTHER INFORMATION CONTACT: 

Brett Schumacher, NMFS PIR 

Sustainable Fisheries, 808–725–5185. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Western Pacific Fishery 

Management Council (Council) manage 

the bottomfish fishery in the U.S. 

Exclusive Economic Zone (Federal 

waters) around American Samoa under 

the FEP and the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). Most of the 

management measures for the fishery 

are found at 50 CFR 665. 

In 2020, in response to a stock 

assessment and consistent with sections 

304(e)(6) and 305(c) of the MagnusonStevens Act (16 U.S.C. 1854(e)(6) and 

1855(c), respectively), the Council 

requested that NMFS implement an 

interim measure to reduce overfishing of 

the stock while the Council develops 

rebuilding management measures 

required by section 304(e)(3). A 

proposed temporary rule, published on 

September 11, 2020 (85 FR 56208), 

included a request for public comment. 

That proposed rule also noted that the 

action may be extended by NMFS for up 

to an additional six months while 

longer-term measures were developed. 

NMFS considered all comments 

received and responded to comments in 

a final temporary rule (85 FR 73003, 

November 16, 2020) that implemented 

an ICL of 13,000 lb (5,897 kg) for each 

2020 and 2021 fishing year (85 FR 

73003). The rule included an in-season 

accountability measure (AM) where, if 

NMFS projects that the fishery will 

reach the ICL within a fishing year, we 

would close the fishery in Federal 

waters through the end of the fishing 

year, or the end of the effective period 

of the temporary rule, whichever was 

earlier. 

The temporary rule implementing the 

interim measure was published on 

November 16, 2020 and was effective for 

180 days, until May 17, 2021. Because 

the Council is still actively preparing an 

FEP amendment to address overfishing 

on a permanent basis, it requested that 

NMFS extend the interim measure an 

additional 185 days, pursuant to 

Magnuson-Stevens Act section 305(c). 

Thus, this temporary rule extends the 

interim measures, and the catch limit of 

13,000 lb (5,897 kg) and in-season AM 

will apply for fishing year 2021 until the 

temporary rule expires on November 18, 

2021 or is replaced. To maintain 

consistency with the timeframe of catch 

projections from the stock assessment 

and the bottomfish fishing year (January 

1, 2021, through December 31, 2021), 

NMFS will monitor catches of 

bottomfish management unit species 

(MUS) made in both territorial and 

Federal waters during the fishing year 

and will count the combined catch 

toward the ICL for 2021. 

This temporary rule does not alter the 

previous ICL or AM that expired on May 

17, 2021; it extends the effective period 

an additional 185 days from the 

expiration of the original measure as 

requested by the Council. This interim 

measure will reduce overfishing relative 

to the status quo, and will minimize 

social and economic impacts to the 

community relative to any measure that 

would have ended overfishing 

immediately. You may find additional 

background information on this action 

in the preamble to the proposed 

temporary rule published on September 

11, 2020 (85 FR 56208). 

Classification 

The Assistant Administrator for 

Fisheries finds it is unnecessary and 

contrary to the public interest to provide 

for prior notice and an opportunity for 

public comment pursuant to authority 

set forth at U.S.C. 553(b)(B). NMFS 

previously invited and responded to 

public comments on implementation of 

the management measures in 2020 and 

2021, as well as on the possibility of an 

extension of those measures, and this 

action does not change that original 

measure in any way except to change 

the period of effectiveness. Similarly, 

the need to implement the temporary 

rule in a timely manner to reduce 

overfishing constitutes ‘‘good cause’’ 

under authority contained in 5 U.S.C. 

553(d)(3) to make the rule effective 

immediately upon publication in the 

Federal Register. The fishery is 

experiencing overfishing, and 

management measures are needed to 

reduce catch to mitigate immediate 

effects of fishing on the stock and longterm effects on the fishing community 

while the stock is rebuilding. 

Specifically, this temporary rule should 

be implemented immediately to 

establish thresholds that would 


khammond on DSKJM1Z7X2PROD with RULES
32362 Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Rules and Regulations 

minimize adverse biological effects to 

the stock and adverse long-term social 

and economic effects to fishermen and 

communities that utilize bottomfish in 

American Samoa. 

This action is being taken pursuant to 

the emergency provision of MagnusonStevens Act and is exempt from OMB 

review. This temporary rule is exempt 

from the procedures of the Regulatory 

Flexibility Act because the rule is issued 

without opportunity for prior notice and 

opportunity for public comment. This 

final rule contains no information 

collection requirements under the 

Paperwork Reduction Act of 1995. 

List of Subjects in 50 CFR Part 665 

Accountability measure, American 

Samoa, Bottomfish, Fisheries, Fishing, 

Interim catch limit, Pacific Islands. 

Dated: June 14, 2021. 

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. Add § 665.102 to read as follows: 

§ 665.102 Bottomfish interim catch limit. 

(a) The interim catch limit for 

American Samoa bottomfish MUS for 

the 2021 fishing year is 13,000 lb. 

(b) When the interim catch limit is 

projected to 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 interim catch 

limit is reached or the end of the 

effective period of this rule, whichever 

comes first. 

(c) On and after the date the fishery 

is closed as specified in paragraph (b) of 

this section, fishing for and possession 

of American Samoa bottomfish MUS is 

prohibited in Federal waters around 

American Samoa, except as otherwise 

authorized by law. 

(d) On and after the date the fishery 

is closed as specified in paragraph (b) of 

this section, possession, sale, offering 

for sale, and purchase of any American 

Samoa bottomfish MUS caught in 

Federal waters around American Samoa 

is prohibited. 

■ 3. In § 665.103, stay the introductory 

paragraph, add paragraph (a), and add 

and reserve paragraph (b) to read as 

follows: 

§ 665.103 Prohibitions. 

* * * * * 

(a) 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: 

(1) Fish for American Samoa 

bottomfish MUS or ECS, or seamount 

groundfish MUS using gear prohibited 

under § 665.104. 

(2) Fish for, possess, sell, offer for 

sale, or purchase any American Samoa 

bottomfish MUS in a closed fishery, in 

violation of § 665.102. 

(b) [Reserved] 

[FR Doc. 2021–12931 Filed 6–17–21; 4:15 pm] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with RULES