25590 Federal Register / Vol. 87, No. 84 / Monday, May 2, 2022 / Rules and Regulations 

are landed as incidental catch. The 

second alternative was not selected 

because, based on recent data, the gag 

multi-use allocation would be zero. As 

a result, red grouper could not be 

landed with gag allocation, which is 

contrary to the purpose of the multi-use 

provision in the grouper-tilefish IFQ 

program. 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, NMFS prepared a 

fishery bulletin, which also serves as a 

small entity compliance guide. Copies 

of this final rule are available from the 

Southeast Regional Office, and the 

guide, i.e., fishery bulletin, will be sent 

to all known industry contacts in the 

Gulf reef fish fishery and be posted at: 

https://www.fisheries.noaa.gov/tags/ 

small-entity-compliance-guide?title=

&field_species_vocab_target_id=&field_

region_vocab_target_

id%5B1000001121%5D=

1000001121&sort_by=created. The 

guide and this final rule will be 

available upon request. 

This final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

References 

Carter, D.W. and C. Liese. 2012. The 

Economic Value of Catching and 

Keeping or Releasing Saltwater Sport 

Fish in the Southeast USA. North 

American Journal of Fisheries 

Management, 32:4, pages 613–625. 

http://dx.doi.org/10.1080/ 

02755947.2012.675943. 

Carter, D.W., S.J. Lovell and C. Liese. 2020. 

Does angler willingness-to-pay for 

changes in harvest regulations vary by 

state? Results from a choice experiment 

in the Gulf of Mexico. Marine Policy, 

121, page 104196. 

Carter, D.W., C. Liese and S.J. Lovell. 2022. 

The option price of recreational bag 

limits and the value of harvest. Marine 

Resource Economics, 37(1), pages 35–52. 

Dettloff, K. and V. Matter. 2019. Sample size 

sensitivity analysis for calculating MRIP 

weight estimates. SEDAR67–WP–06. 

SEDAR, North Charleston, SC. 6 pages. 

Keithly W.R., Jr. and M. Tabarestani. 2018. 

The Gulf of Mexico grouper/tilefish 

fishery after introduction of an 

individual fishing quota program: The 

impact on ex-vessel prices. https://

gulfcouncil.org/wp-content/uploads/ 

Demand-Analysis.pdf. 

Keithly W.R., Jr. and H. Wang. 2018. Results 

from the National Marine Fisheries 

Service 2016 Gulf of Mexico Grouper 

Tilefish IFQ Survey. 50 pages. https://

gulfcouncil.org/wp-content/uploads/ 

Dealer-Survey.pdf. 

Lovell, S., J. Hilger, E. Rollins, N.A. Olsen, 

and S. Steinback. 2020. The Economic 

Contribution of Marine Angler 

Expenditures on Fishing Trips in the 

United States, 2017. U.S. Dep. 

Commerce, NOAA Tech. Memo. NMFS– 

F/SPO–201, 80 pages. 

Overstreet, E. and C. Liese. 2018b. Economics 

of the Gulf of Mexico Reef Fish Fishery, 

2016. NOAA Technical Memorandum 

NMFS–SEFSC–725. 116 pages. 

List of Subjects in 50 CFR Part 622 

Annual catch limit, Fisheries, Fishing, 

Gulf, Red grouper, Reef fish. 

Dated: April 26, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is amended 

as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.39, revise paragraph 

(a)(1)(iii)(C) to read as follows: 

§ 622.39 Quotas. 

* * * * * 

(a) * * * 

(1) * * * 

(iii) * * * 

(C) Red grouper—2.40 million lb (1.09 

million kg). 

* * * * * 

■ 3. In § 622.41, revise the last sentence 

of paragraph (e)(1) and revise paragraph 

(e)(2)(iv) to read as follows: 

§ 622.41 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(e) * * * 

(1) * * * The commercial ACL for red 

grouper, in gutted weight, is 2.53 

million lb (1.15 million kg). 

(2) * * * 

(iv) The recreational ACL for red 

grouper, in gutted weight, is 1.73 

million lb (0.78 million kg). The 

recreational ACT for red grouper, in 

gutted weight, is 1.57 million lb (0.71 

million kg). 

* * * * * 

[FR Doc. 2022–09300 Filed 4–29–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 220425–0105] 

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: 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 American 

Samoa. This action is necessary to 

rebuild the overfished stock consistent 

with the requirements of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). 

DATES: The final rule is effective June 1, 

2022. 

ADDRESSES: Copies of Amendment 5, 

including an Environmental Assessment 

and Regulatory Impact Review, and 

other supporting documents for this 

action are available at https://

www.regulations.gov/document/NOAANMFS-2022-0023-0006. 

FOR FURTHER INFORMATION CONTACT: 

Heather Cronin, NMFS PIR Sustainable 

Fisheries, 808–725–5179. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Western Pacific Fishery 

Management Council (Council) manage 

the American Samoa bottomfish fishery 

under the American Samoa Fishery 

Ecosystem Plan (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 


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(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. 

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. 

Amendment 5 implements a 

rebuilding plan for the American Samoa 

bottomfish stock complex that consists 

of an ACL, and in-season AM, and a 

higher performance standard should the 

fishery exceed the ACL. The rebuilding 

plan implements an ACL of 5,000 lb 

(2,268 kg) starting in 2022. NMFS is 

obligated to manage the stock 

throughout its range, and the complex 

exists in both territorial and Federal 

waters. Therefore, we would count 

harvests from territorial and Federal 

waters toward the ACL. However, 

existing data monitoring 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, 

American Samoa has not developed 

regulations to implement 

complementary management to restrict 

catch in territorial waters if the ACL is 

reached, and it is not reasonably certain 

they will implement complementary 

management measures in the future. 

Accordingly, as a higher performance 

standard, 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 

approach to ensure that catch in 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. The 

Council and NMFS selected the 5,000 lb 

ACL because it is the maximum catch 

that allows the bottomfish stock to 

rebuild within the ten-year timeframe 

permitted under the Magnuson-Stevens 

Act. This level of catch also helps to 

minimize cultural, economic and social 

effects of the rebuilding plan on 

communities in American Samoa. 

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 (87 FR 

6470, February 4, 2022). 

Comments and Responses 

NOA 

On January 21, 2022, NMFS 

published the notification of availability 

(NOA) for Amendment 5 and request for 

public comments (87 FR 3276); the 

comment period ended March 22, 2022. 

NMFS received comments from two 

individuals on Amendment 5 and 

responds below. 

Comment 1: Overfishing is of great 

concern, and it especially impacts 

indigenous people. This rebuilding plan 

addresses key concerns in the American 

Samoan bottomfish fishery. I support 

that once the annual catch limit is 

reached, the fishery would close in 

Federal waters for the remainder of the 

year. Catch rates must decrease to allow 

the fish population to replenish. 

Response: NMFS agrees, and we will 

continue to manage the bottomfish stock 

complex in Federal waters to perpetuate 

sustainable fisheries resources for 

communities in American Samoa, 

consistent with the Magnuson-Stevens 

Act, the FEP and implementing 

regulations. 

Comment 2: NMFS should ensure that 

recreational and sport fishing is 

distinguished from indigenous cultural 

fishing. If NMFS seeks to further limit 

fishing, recreational and sport fishing 

should be closed and considered 

separate from fishing by indigenous 

people. 

Response: Bottomfish fishing in 

American Samoa is part of fa’a Samoa, 

or ‘‘the Samoan way.’’ It is an integral 

part of culture and daily life, and there 

are not distinct recreational or sport 

fisheries for bottomfish. Accordingly, 

bottomfish are managed under a single 

ACL that does not distinguish between 

fishery sectors (e.g., commercial, 

recreational, subsistence). While the 

rebuilding plan will limit fishing, it will 

not do so in a way that 

disproportionately affects indigenous 

peoples or other groups. NMFS does not 

expect this action to substantially 

change the way the fishery operates 

with respect to fishing gear, fishing 

effort, participation, or intensity. If the 

ACL is attained and fishing is closed in 

Federal waters, some fishing activity 

may move into territorial waters, but 

NMFS does not expect substantial 

changes with respect to the availability 

of fish for cultural, subsistence or 

commercial purposes. Rebuilding the 

bottomfish stock will ensure that fishery 

resources are available for future 

generations. 

Comment 3: NMFS should be actively 

consulting with the American Samoa 

Government and should ensure that 

indigenous fishing communities have 

leadership and power in decisionmaking in regard to conservation and 

fishery rebuilding plans. 

Response: We agree. The process of 

developing fishery management actions 

places a strong emphasis on inclusive 

and equitable community input from 

indigenous and other stakeholders. The 

community has opportunity for both 

direct and representative input at 

multiple points. American Samoa 

leadership and stakeholders participate 

in decision-making processes through 

American Samoa representatives on the 

Council and its Scientific and Statistical 

Committee, Council advisory panels, 

public input during Council 

deliberations, and through public 

comment periods during NMFS 

rulemaking processes. NMFS and the 

Council work closely with communities 

and the government of American Samoa 

through their Council members and 

representatives on other Council 

advisory bodies to ensure that 

community needs and concerns are 

heard and addressed. 

Comment 4: This rule could be 

stronger if supplemented by one that 

allows for closures of territorial waters. 

Response: While NMFS agrees that a 

coordinated approach to management in 

territorial and Federal waters might 

produce a more effective rebuilding 

plan, NMFS does not have the authority 

to restrict catch in territorial waters. 

NMFS will monitor catch in territorial 

and Federal waters relative to the ACL, 

and will continue to work with our 

management partners at the American 

Samoa Department of Marine and 

Wildlife Resources (DMWR) to improve 

fisheries management of bottomfish in 

American Samoa. 

Comment 5: It would be incredibly 

hard to enforce these closures. Fishing 

can be expected to take place that will 

go unreported. 

Response: While a catch limit which 

results in a fishery closure may present 

a disincentive for fishermen to report 

their catch, we work with our 

management partners at the Council and 

DMWR to educate fisherman about the 

importance of timely and accurate 


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reporting. As needed, NOAA’s Office of 

Law Enforcement and the U.S. Coast 

Guard enforce Federal fisheries rules. 

They conduct enforcement activities 

both on and off the water, and conduct 

related criminal and civil investigations. 

The Enforcement Section of the NOAA 

Office of General Counsel provides legal 

support to the NOAA Office of Law 

Enforcement and other NOAA offices, 

and prosecutes cases. 

Proposed Rule 

On February 4, 2022, NMFS 

published a proposed rule and request 

for public comments (87 FR 6479); the 

comment period ended March 21, 2022. 

NMFS received comments from seven 

individuals, the American Samoa 

Department of Marine and Wildlife 

Resources, and the Governor of 

American Samoa. NMFS responds 

below. 

Comment 1: Although these actions 

could harm the local economy in the 

short-term, there is a much larger longterm incentive to American Samoa by 

rebuilding the bottomfish stock. If the 

new regulations are followed, 

bottomfish would repopulate, and 

fishermen would be able to benefit from 

the fish long-term. 

Response: NMFS agrees. The Council 

and NMFS selected the 5,000 lb ACL 

because this level of catch helps to 

minimize cultural, economic and social 

effects of the rebuilding plan on 

communities in American Samoa. It is 

also the maximum catch that allows the 

bottomfish stock to rebuild within the 

ten-year timeframe permitted under the 

Magnuson-Stevens Act. 

Comment 2: The DWMR and 

individual commenters note the 

importance of the fishery to indigenous 

communities, and express concern 

about the short-term impact for people 

that rely on fishing as a main food 

source or economic stability. 

Response: In selecting a management 

approach, NMFS and the Council 

balanced potential short-term effects 

with the need to rebuild the bottomfish 

stock to ensure that these species are 

available for future generations. NMFS 

and the Council discussed these 

concerns during the development of the 

rebuilding plan, and analyzed effects on 

fishing-dependent communities in the 

Environmental Assessment for this 

action. NMFS also considers effects on 

Samoan and other underserved 

communities pursuant to Executive 

Order 12898 on Environmental Justice. 

These analyses show that this 

management action would not have 

short-term impacts to subsistence, 

cultural, and commercial fishing if the 

American Samoan Government does not 

implement complementary management 

in territorial waters. At this time, 

American Samoa has not developed 

regulations to implement 

complementary management, and it is 

not reasonably certain they will 

implement complementary management 

measures in the future. Therefore, 

NMFS does not expect impacts to 

indigenous communities or for people 

that rely on fishing as a main food 

source or economic stability. 

Comment 3: Because the proposed 

regulation is limited to Federal waters, 

while eighty five percent of habitat is in 

territorial waters, coordination with 

local authorities that have jurisdiction 

over territorial waters is necessary for 

the plan to bring about the intended 

effects. 

Response: The Council and NMFS 

selected this rebuilding plan because it 

would end overfishing and allow the 

stock to rebuild in ten years, as required 

by the Magnuson-Stevens Act, while 

minimizing negative socio-economic 

impacts to the fishing community. 

NMFS expects that this rule would 

provide some conservation benefits by 

closing Federal waters to fishing and 

reducing harvest relative to the status 

quo even if the American Samoa 

Government does not implement 

complementary management in 

territorial waters. However, the timeline 

to rebuild could potentially be 

lengthened to greater than 10 years. 

Accordingly, NMFS would implement 

the higher performance standard to 

close Federal waters if the ACL is 

exceeded, and Federal waters would 

remain closed until a coordinated 

approach to achieve rebuilding is 

implemented. We will continue to work 

with our management partners at the 

DMWR to improve fisheries 

management of bottomfish in American 

Samoa. 

Comment 4: If ACLs and AMs do not 

work to rebuild the bottomfish 

populations, requiring fishing permits 

may help. 

Response: The Council, including 

fishery managers from American Samoa, 

has discussed implementing permits in 

the past. However, there are a small 

number of participants in the fishery, 

and it is not clear that permitting or a 

limited access program would provide 

any additional management benefit 

because permits in and of themselves do 

not reduce fishing mortality. Thus, the 

best way to reduce fishing mortality is 

to limit the amount of fish that can be 

harvested. 

Comment 5: It could prove to be 

problematic to require local bottomfish 

fishermen to obtain permits in territorial 

waters, as well as report their catches to 

NMFS. 

Response: This Amendment does not 

implement a permit requirement in the 

American Samoa bottomfish fishery, nor 

does it implement any new reporting 

requirements for bottomfish fishers. 

Comment 6: The DWMR and 

individual commenters believe the 

proposed change to the set ACL limit to 

5,000 lb will affect the fishermen’s jobs 

and revenue and lead to food shortages 

of fish. 

Response: NMFS and the Council 

address these concerns in the analysis 

in the Environmental Assessment and 

Regulatory Impact Review. The Council 

and NMFS selected the 5,000 lb ACL 

because it is the maximum catch that 

allows the bottomfish stock to rebuild 

within the ten-year timeframe permitted 

under the Magnuson-Stevens Act. Any 

minor short-term impacts to the 

community are balanced by the longterm benefits of rebuilding the stock. 

This level of catch also helps to 

minimizes cultural, economic and social 

effects of the rebuilding plan on 

communities in American Samoa. 

Furthermore, the ACL, AM, and higher 

performance standard are intended to 

end overfishing, rebuild the fishery, and 

mitigate impacts to fishing 

communities, such that communities 

that rely on their harvest can continue 

to benefit from the fishery in the future. 

The Chief Counsel for Regulation of the 

Department of Commerce certified that 

this rule would not have a significant 

economic impact on a substantial 

number of small entities. In a Finding of 

No Significant Impact, NMFS 

determined that this action will not 

significantly impact the quality of the 

human environment. NMFS will 

evaluate the progress of the rebuilding 

plan, including all environmental and 

socioeconomic effects, at least every two 

years, as required by the MagnusonStevens Act, and work with the Council 

to revise the rebuilding plan if 

necessary. 

Comment 7: There should be shortterm financial compensation for Native 

people who may experience 

consequences to their local economy, 

social and cultural practices, and food 

security. 

Response: NMFS does not have the 

authority under the Magnuson-Stevens 

Act to provide monetary compensation 

to fishermen or fishing communities, 

including Native peoples that may be 

affected economically, socially or 

culturally as a result of fishing 

regulations that are necessary and 

required to rebuild an overfished stock. 

Comment 8: Given the stress that the 

covid pandemic has inflicted on 


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American Samoa, the American Samoa 

Government requests that NMFS: 

a. Nullify the rebuilding plan if the 

next stock assessment shows the stocks 

are healthier. 

Response: This contingency is 

addressed by existing regulations under 

the Magnuson-Stevens Act. The next 

benchmark stock assessment for 

American Samoa bottomfish is 

scheduled for 2023 and the Council and 

NMFS will review the resulting 

information and take appropriate 

management action, which may include 

revising elements of the bottomfish 

rebuilding plan. 

b. Assist DMWR in developing a 

bottomfish community development 

plan to cushion the impact of fishery 

economic and cultural loss. 

Response: The FEP includes a process 

and procedures for reviewing and 

approving community development 

plans (CDP) for access to western Pacific 

fisheries under the Magnuson-Stevens 

Act (section 305(i)(2)). The intent of a 

CDP is to promote the participation of 

island communities in fisheries that 

they have traditionally depended upon, 

but may not have the capabilities to 

support continued and substantial 

participation in, possibly due to 

economic, regulatory, or other 

constraints. NMFS and the Council will 

work with DMWR to explore the 

potential for a CDP for American 

Samoan bottomfish communities. 

c. Assist DMWR in developing the 

territorial bottomfish management plan 

and the data-limited stock assessment 

tools that are more appropriate for our 

fishery. 

Response: While this request is 

outside the scope of the current action, 

NMFS and the Council have several 

initiatives to support DWMR in 

developing territorial bottomfish 

management plans. NMFS and Council 

scientists and managers are working 

with DWMR staff to assess management 

unit species lists and determine which 

are most suitable to primarily Federal, 

combined, or territorial management. As 

this process proceeds, we will work to 

identify and address management 

needs. 

d. Support DMWR by providing our 

staff the tools and training to improve 

creel data collection, understand the life 

history stocks, and enforce and develop 

appropriate fisheries regulations. 

Response: DWMR staff provided 

valuable information on data collection 

status and challenges at the Pacific 

Insular Fisheries Monitoring, 

Assessment & Planning Summit 

organized by the Council and NMFS in 

2019. While this request is outside the 

scope of the current action, NMFS and 

the Council have been working to carry 

forward the recommendations of the 

summit, including improving creel 

surveys and life history information. 

DMWR will continue to be an integral 

part of that process through 

participation in Council plan teams and 

other working groups. The FishPath 

workshop that DMWR is planning will 

bridge this information to management 

capabilities to identify appropriate 

management strategies. 

e. Support initiatives to manage 

bottomfish with nearby countries since 

exploitation of these stocks in nearby 

countries may impact our local stocks. 

Response: Biological connections 

between insular fish populations may 

differ from political boundaries, but 

under the Magnuson-Stevens Act 

neither NMFS nor the Council have the 

authority to enter directly into bilateral 

or multilateral agreements with foreign 

governments to co-manage fish stocks. 

While this request is outside the scope 

of the current action, as our 

understanding of fish populations’ 

connectivity advances, NMFS will work 

with American Samoa and other 

partners to evaluate potential 

opportunities for ecosystem-based 

approaches fisheries management, 

which may include consideration of 

management measures in U.S. 

jurisdiction that are complementary 

with measures enacted in neighboring 

countries. 

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 

(PRA). 

List of Subjects in 50 CFR Part 665 

Accountability measures, American 

Samoa, Annual catch limits, 

Bottomfishing, Fisheries, Fishing, 

Pacific Islands, Rebuilding. 

Dated: April 27, 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. 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 notification 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 


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25594 Federal Register / Vol. 87, No. 84 / Monday, May 2, 2022 / Rules and Regulations 

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 notification 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 paragraph (b) or 

(c) of this section, fishing for and 

possession of American Samoa 

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 paragraph (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. 2022–09339 Filed 4–29–22; 8:45 am] 

BILLING CODE 3510–22–P 


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