Pacific Island Fisheries; Mariana Archipelago Bottomfish Annual Catch Limits and Accountability Measures, 10526-10529 [2021-03240]
Download as PDF
<![CDATA[
10526
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules
tkelley on DSKBCP9HB2PROD with PROPOSALS
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
New source review, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
VerDate Sep<11>2014
18:29 Feb 19, 2021
Jkt 253001
Dated: February 5, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–02912 Filed 2–19–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 210211–0020]
RIN 0648–BJ82
Pacific Island Fisheries; Mariana
Archipelago Bottomfish Annual Catch
Limits and Accountability Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This rulemaking proposes to
establish annual catch limits (ACL) and
annual catch targets (ACT) for
bottomfish in Guam and the
Commonwealth of the Northern Mariana
Islands (CNMI), and accountability
measures (AM) to correct or mitigate
any overages by reducing the ACL and
or ACT for the subsequent year. The
proposed ACLs, ACTs, and AMs would
be effective for fishing years 2020–2022
in Guam and for fishing years 2020–
2023 in the CNMI. The proposed action
supports the long-term sustainability of
the bottomfish fishery in the Mariana
Islands.
SUMMARY:
NMFS must receive comments
by March 15, 2021.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2020–0119, 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/
#!docketDetail;D=NOAA-NMFS-20200119, click the ‘‘Comment Now!’’ 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
DATES:
PO 00000
Frm 00068
Fmt 4702
Sfmt 4702
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).
NMFS prepared a draft environmental
assessment (EA) that describes the
potential impacts on the human
environment that could result from the
proposed ACLs and AMs. The draft EA
and other supporting documents are
available from www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Sarah Ellgen, NMFS Pacific Islands
Regional Office, Sustainable Fisheries,
808–725–5173.
SUPPLEMENTARY INFORMATION: The Guam
and CNMI bottomfish fisheries target an
assemblage, or complex, of 13
bottomfish management unit species
(BMUS), including emperors, snappers,
groupers, and jacks. NMFS and the
Western Pacific Fishery Management
Council (Council) manage the
bottomfish fisheries in the U.S.
Exclusive Economic Zone (generally
3–200 nautical miles (nm) from shore)
around Guam and the CNMI through the
Fishery Ecosystem Plan for the Mariana
Archipelago (FEP), under the authority
of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The FEP
contains a process for the Council and
NMFS to specify ACLs, ACTs, and AMs,
codified at 50 CFR 665.4.
The regulations require NMFS to
specify an ACL and AM for each stock
and stock complex of management unit
species, as recommended by the
Council, and considering the best
available scientific, commercial, and
other information about the fishery. If a
fishery exceeds an ACL, the regulations
require the Council to take action,
which may include reducing the ACL
for the subsequent fishing year by the
amount of the overage, or other
appropriate action. The specification of
an ACT, which is set below the ACL,
can help ensure that the catch does not
exceed the ACL. When used, an ACT
also serves as the basis for invoking
accountability measures.
The Council and NMFS manage
bottomfish as a single multi-species
stock complex that is assessed as one
unit whether the fish are in territorial or
Federal waters. As a result, while most
fishing for BMUS occurs in territorial
waters, generally from the shoreline out
E:\FR\FM\22FEP1.SGM
22FEP1
tkelley on DSKBCP9HB2PROD with PROPOSALS
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules
to 3 nm, catches from both territorial
waters and Federal waters around the
territories would be counted towards
the specified ACT and ACL that applies
only to Federal waters.
The Council recommended that
NMFS specify ACLs for BMUS in Guam
at 27,000 lb (12,247 kg) for each fishing
year 2020–2022 and in the CNMI at
84,000 lb (38,102 kg) for each fishing
year 2020–2023. The 2020 fishing year
ended December 31, 2020. The Council
also recommended an ACT of 78,000 lb
(35,380 kg) for CNMI BMUS for the
same period. The fishing year for
bottomfish in the Mariana Islands is the
calendar year. The Council based its
recommendations on a 2019 benchmark
stock assessment by the NMFS Pacific
Islands Fisheries Science Center
(PIFSC), and in consideration of the best
available scientific, commercial, and
other information about the fishery, and
in accordance with the ACL process set
forth in the FEP.
NMFS proposes to implement the
Council’s recommended AM to Guam
and CNMI BMUS, which is to apply a
three-year average catch to evaluate
fishery performance against the ACLs
and in the event of overage to adjust the
ACL and or ACT for the subsequent
year. Specifically, under the proposed
AMs, NMFS and the Council would use
the average catch of the past three
fishing years to evaluate fishery
performance against the ACL for a
particular fishery. At the end of each
fishing year, if NMFS and the Council
determine that the average catch of the
past three years for any fishery exceeds
the specified ACL, NMFS would, by
separate rulemaking, reduce the ACL in
the subsequent year for that fishery by
the amount of the overage. NMFS may
also specify an ACT that is below the
ACL, as recommended by the Council.
When used, the ACT serves as the basis
for invoking the AM. For CNMI, the
ACT would also be subject to the same
adjustment as the ACL for the
subsequent fishing year. If the average
catch from the most recent three-year
period exceeds the ACT but remains
below the ACL, then an overage
adjustment would not be applied.
The 2019 stock assessment concluded
that, in 2017, the Guam BMUS stock
was overfished, but not subject to
overfishing. NMFS adopted the findings
of the assessment and notified the
Council in February 2020. The
Magnuson-Stevens Act requires the
Council to prepare and implement an
FEP, FEP amendment, or proposed
regulations to rebuild the stock within
two years of that notification (that is, by
February 2022). Thus, the proposed
Guam ACL will cover the period of 2021
VerDate Sep<11>2014
18:29 Feb 19, 2021
Jkt 253001
through 2022, during which time the
Council will develop the necessary
action to rebuild the stock.
The 2019 stock assessment estimated
the overfishing limit for Guam BMUS to
be 36,000 lb (16,329 kg). The proposed
Guam ACL corresponds to a 31 percent
probability of overfishing, which is
more conservative than the 50 percent
risk threshold allowed under NMFS
guidelines for National Standard 1 of
the Magnuson-Stevens Act (NS1). It is
likely that annual catch in 2020 through
2022 would not only approach the
proposed ACL, but the three-year
average of catch would exceed the
proposed ACL. If the catch exceeds the
three-year average, then the proposed
post-season adjustment would be
implemented to reduce the ACL in the
subsequent year. The proposed ACLs
and AMs are meant to prevent
overfishing in accordance with NS1.
ACLs designed to rebuild Guam
bottomfish will be part of a subsequent
Council rebuilding plan.
The 2019 stock assessment also
concluded that in 2017 the CNMI BMUS
stock was not overfished and did not
experience overfishing. The assessment
estimated the overfishing limit for CNMI
BMUS to be 98,000 lb (44,452 kg). The
CNMI ACL and ACT correspond to 39
percent and 34 percent probability of
overfishing, respectively, which are
more conservative than the 50 percent
risk threshold allowed under NMFS
guidelines for NS1 of the MagnusonStevens Act. NMFS does not anticipate
that the CNMI fishery will reach the
proposed ACT or ACL in any fishing
year, nor will fishing for bottomfish be
constrained during the fishing year.
NMFS will consider public comments
on this proposed rule and will
announce the final ACLs, ACTs, and
AMs in the Federal Register. NMFS
must receive any comments by the date
provided in the DATES heading. NMFS
may not consider any comments not
postmarked or otherwise transmitted by
that date. Regardless of the final ACLs,
ACTs and AMs, all other management
measures will continue to apply in the
fisheries.
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.
PO 00000
Frm 00069
Fmt 4702
Sfmt 4702
10527
Certification of Finding of No
Significant Impact on Substantial
Number of Small Entities
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 proposed rule would implement
ACLs, ACTs, and AMs for the
bottomfish in Guam and the CNMI.
These measures would apply in 2020–
2022 for Guam and in 2020–2023 for the
CNMI. The Council recommended the
proposed measures based on the most
recent stock assessment for bottomfish
in Guam and the CNMI, consistent with
the Magnuson-Stevens Act and in
accordance with the ACL process set
forth in the FEP.
For the CNMI, NMFS proposes an
ACL of 84,000 lb (38,102 kg), which is
associated with a 39 percent risk of
overfishing, which is more conservative
than the 50 percent threshold allowed
by the NS1 guidelines. The proposed
ACL is a 63 percent reduction from the
228,000 lb (103,419 kg) ACL set in 2016
and 2017. This reduction is based on the
most recent stock assessment, which
incorporated several changes that
resulted in markedly different outputs
compared to the previous assessment
that informed the 2016 and 2017 ACL.
As described in the 2019 stock
assessment and discussed at the October
2019 Council meeting, these changes
included using a new species list,
filtering data in a new way, and
standardizing data for covariates that
may affect the catch rate. NMFS did not
specify ACLs for 2018 and 2019 while
the Council and NMFS completed
Amendment 5 to the FEP, which
reclassified certain management unit
species as ecosystem component
species. Taking into account social,
economic, and ecological considerations
and management uncertainty, NMFS
proposes to set an ACT at 78,000 lb
(35,380 kg), which is associated with a
34 percent risk of overfishing.
For Guam, NMFS proposes an ACL of
27,000 lb (12,247 kg), which is
associated with a 31 percent risk of
overfishing and is a 59 percent
reduction from the 66,000 lb (29,937 kg)
ACL set in 2016 and 2017. Like in the
CNMI, this reduction is based on the
most recent stock assessment, which
incorporated several changes that
resulted in markedly different outputs
E:\FR\FM\22FEP1.SGM
22FEP1
tkelley on DSKBCP9HB2PROD with PROPOSALS
10528
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules
compared to the previous assessment.
Additionally, according to the recent
stock assessment, the stock is
overfished, but not subject to
overfishing. The previous assessment
indicated the stock was fished at
sustainable levels. NMFS adopted the
findings of the assessment and so
notified the Council in February 2020.
ACLs designed to rebuild will be part of
the Council’s rebuilding plan.
The fishing year for bottomfish in
Guam and the CNMI begins January 1
and ends December 31. NMFS would
count bottomfish catches from both
territorial waters and the Exclusive
Economic Zone toward the ACL and
ACT. Because real-time catch data are
not currently available for this fishery,
the Council and NMFS consider postseason AMs only. Specifically, for
Guam, if NMFS and the Council
determine that the average catch from
the most recent three-year period
exceeds the ACL, NMFS would reduce
the ACL in the subsequent fishing years
by the amount of the overage. For the
CNMI, if NMFS and the Council
determine that the average catch from
the most recent three-year period
exceeds the ACL, NMFS would reduce
the ACL and ACT in the subsequent
fishing year by the amount of the
overage. If the average catch from the
most recent three-year period exceeds
the ACT, but is below the ACL, NMFS
would not apply a post-season AM.
The bottomfish fisheries in Guam and
the CNMI share many similarities in
terms of gear, fishing methods, and
species targeted. Many people who
participate in the bottomfish fishery are
either subsistence or part-time
commercial fishermen, and they
generally do not sell all of their catch.
The majority of fishermen operate
vessels less than 25 ft long, but a few
longer vessels also participate in the
fishery. Commercial vessels tend to
concentrate effort on deepwater
bottomfish at offshore banks, but they
face higher operating costs than the
shallow-water fishery operating closer
to shore. In addition to sales to seafood
dealers, some bottomfish sales are
within community social networks.
In Guam, the number of vessels
landing BMUS increased from 29
vessels in 2012 to 52 vessels in 2019.
Annual BMUS catch is variable, but has
been trending upwards over the past
eight years, ranging from a low of 10,882
lb (4,936 kg) in 2015 to a high of 37,701
lb (17,101 kg) in 2019. The annual catch
VerDate Sep<11>2014
18:29 Feb 19, 2021
Jkt 253001
for three out of the last eight years has
exceeded the proposed ACL, and the
average annual catch from 2017 to 2019
was 26,906 lb (12,204 kg), which is 99.6
percent of the proposed ACL. Data on
the amount sold and revenue in 2019
are not available due to confidentiality
requirements. Applying the 2018
percent sold (11 percent) and price per
pound ($5.05) to the 2019 estimated
catch, yields a projection that 4,147 lb
(1,881 kg) was sold in 2019 with an
estimated revenue of $20,942.
In the CNMI, the number of vessels
landing BMUS has fluctuated from a
high of 51 vessels in 2005 to a low of
two vessels in 2018. In 2019, eight
vessels landed BMUS. The average
annual catch of BMUS from 2017 to
2019 was 23,223 lb (10,534 kg). In 2019,
the fishery landed 21,012 lb (9,531 kg),
which is 27 percent of the ACL and 30
percent of the ACT, respectively, so the
fishery is unlikely to reach the ACL or
ACT in future years. We estimate that
the 2019 revenue for this fishery was
$35,840.
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 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 its
combined annual receipts are not in
excess of $11 million for all of its
affiliated operations worldwide. Based
on available information, NMFS has
determined that all vessels engaging in
the Guam and CNMI commercial and
non-commercial bottomfish fisheries
(NAICS Code: 114111) are small
entities. That is, they are engaged in the
business of finfish harvesting,
independently owned or operated, not
dominant in their field of operation, and
have annual gross receipts not in excess
of $11 million. Therefore, there would
be no disproportionate economic
impacts between large and small
entities. Furthermore, NMFS has
determined that there would be no
disproportionate economic impacts
among the universe of vessels based on
gear, home port, or vessel length.
Even though this proposed action
would apply to a substantial number of
vessels, this action is not expected to
result in significant adverse economic
impact to individual vessels. While the
fisheries could reach or exceed the ACL
PO 00000
Frm 00070
Fmt 4702
Sfmt 4702
or ACT, the catch data are not available
until six months after the local resource
agencies have collected the data.
Therefore, the proposed rule would not
subject the fisheries to an in-season AM,
such as a fishery closure and, without
an in-season AM, fishing activity is not
likely to be constrained.
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. The proposed
action also will not place a substantial
number of small entities at a significant
competitive disadvantage to large
entities. For the reasons above, NMFS
does not expect the proposed action to
have a significant economic impact on
a substantial number of small entities.
As such, an initial regulatory flexibility
analysis is not required and none has
been prepared.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
This proposed 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, Bottomfish, Fisheries,
Fishing, Guam, Mariana Archipelago,
Northern Mariana Islands, Pacific
Islands.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 12, 2021.
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. Add § 665.408 to read as follows:
§ 665.408 Annual Catch Limits (ACL) and
Annual Catch Targets (ACT).
(a) In accordance with § 665.4, the
ACL and ACT for Guam and CNMI
bottomfish MUS fisheries for each
fishing year are as follows:
E:\FR\FM\22FEP1.SGM
22FEP1
10529
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules
TABLE 1 TO PARAGRAPH (a)
2020
Guam
ACL (lb) ................................................................................................................................
2021
27,000
2022
27,000
27,000
TABLE 2 TO PARAGRAPH (a)
2020
CNMI
ACL (lb) ....................................................................................................
ACT (lb) ....................................................................................................
(b) If the average catch of the three
most recent years exceeds the specified
ACL or ACT in a fishing year, the
2021
84,000
78,000
Regional Administrator will reduce the
ACL and or ACT for the subsequent year
2022
84,000
78,000
tkelley on DSKBCP9HB2PROD with PROPOSALS
18:29 Feb 19, 2021
Jkt 253001
PO 00000
84,000
78,000
84,000
78,000
by the amount of the overage in a
separate rulemaking.
[FR Doc. 2021–03240 Filed 2–19–21; 8:45 am]
BILLING CODE 3510–22–P
VerDate Sep<11>2014
2023
Frm 00071
Fmt 4702
Sfmt 9990
E:\FR\FM\22FEP1.SGM
22FEP1
]]>Agencies
[Federal Register Volume 86, Number 33 (Monday, February 22, 2021)]
[Proposed Rules]
[Pages 10526-10529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03240]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 210211-0020]
RIN 0648-BJ82
Pacific Island Fisheries; Mariana Archipelago Bottomfish Annual
Catch Limits and Accountability Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This rulemaking proposes to establish annual catch limits
(ACL) and annual catch targets (ACT) for bottomfish in Guam and the
Commonwealth of the Northern Mariana Islands (CNMI), and accountability
measures (AM) to correct or mitigate any overages by reducing the ACL
and or ACT for the subsequent year. The proposed ACLs, ACTs, and AMs
would be effective for fishing years 2020-2022 in Guam and for fishing
years 2020-2023 in the CNMI. The proposed action supports the long-term
sustainability of the bottomfish fishery in the Mariana Islands.
DATES: NMFS must receive comments by March 15, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2020-0119, 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/#!docketDetail;D=NOAA-NMFS-2020-0119, click the
``Comment Now!'' 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).
NMFS prepared a draft environmental assessment (EA) that describes
the potential impacts on the human environment that could result from
the proposed ACLs and AMs. The draft EA and other supporting documents
are available from www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, NMFS Pacific Islands
Regional Office, Sustainable Fisheries, 808-725-5173.
SUPPLEMENTARY INFORMATION: The Guam and CNMI bottomfish fisheries
target an assemblage, or complex, of 13 bottomfish management unit
species (BMUS), including emperors, snappers, groupers, and jacks. NMFS
and the Western Pacific Fishery Management Council (Council) manage the
bottomfish fisheries in the U.S. Exclusive Economic Zone (generally 3-
200 nautical miles (nm) from shore) around Guam and the CNMI through
the Fishery Ecosystem Plan for the Mariana Archipelago (FEP), under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act). The FEP contains a process for the Council
and NMFS to specify ACLs, ACTs, and AMs, codified at 50 CFR 665.4.
The regulations require NMFS to specify an ACL and AM for each
stock and stock complex of management unit species, as recommended by
the Council, and considering the best available scientific, commercial,
and other information about the fishery. If a fishery exceeds an ACL,
the regulations require the Council to take action, which may include
reducing the ACL for the subsequent fishing year by the amount of the
overage, or other appropriate action. The specification of an ACT,
which is set below the ACL, can help ensure that the catch does not
exceed the ACL. When used, an ACT also serves as the basis for invoking
accountability measures.
The Council and NMFS manage bottomfish as a single multi-species
stock complex that is assessed as one unit whether the fish are in
territorial or Federal waters. As a result, while most fishing for BMUS
occurs in territorial waters, generally from the shoreline out
[[Page 10527]]
to 3 nm, catches from both territorial waters and Federal waters around
the territories would be counted towards the specified ACT and ACL that
applies only to Federal waters.
The Council recommended that NMFS specify ACLs for BMUS in Guam at
27,000 lb (12,247 kg) for each fishing year 2020-2022 and in the CNMI
at 84,000 lb (38,102 kg) for each fishing year 2020-2023. The 2020
fishing year ended December 31, 2020. The Council also recommended an
ACT of 78,000 lb (35,380 kg) for CNMI BMUS for the same period. The
fishing year for bottomfish in the Mariana Islands is the calendar
year. The Council based its recommendations on a 2019 benchmark stock
assessment by the NMFS Pacific Islands Fisheries Science Center
(PIFSC), and in consideration of the best available scientific,
commercial, and other information about the fishery, and in accordance
with the ACL process set forth in the FEP.
NMFS proposes to implement the Council's recommended AM to Guam and
CNMI BMUS, which is to apply a three-year average catch to evaluate
fishery performance against the ACLs and in the event of overage to
adjust the ACL and or ACT for the subsequent year. Specifically, under
the proposed AMs, NMFS and the Council would use the average catch of
the past three fishing years to evaluate fishery performance against
the ACL for a particular fishery. At the end of each fishing year, if
NMFS and the Council determine that the average catch of the past three
years for any fishery exceeds the specified ACL, NMFS would, by
separate rulemaking, reduce the ACL in the subsequent year for that
fishery by the amount of the overage. NMFS may also specify an ACT that
is below the ACL, as recommended by the Council. When used, the ACT
serves as the basis for invoking the AM. For CNMI, the ACT would also
be subject to the same adjustment as the ACL for the subsequent fishing
year. If the average catch from the most recent three-year period
exceeds the ACT but remains below the ACL, then an overage adjustment
would not be applied.
The 2019 stock assessment concluded that, in 2017, the Guam BMUS
stock was overfished, but not subject to overfishing. NMFS adopted the
findings of the assessment and notified the Council in February 2020.
The Magnuson-Stevens Act requires the Council to prepare and implement
an FEP, FEP amendment, or proposed regulations to rebuild the stock
within two years of that notification (that is, by February 2022).
Thus, the proposed Guam ACL will cover the period of 2021 through 2022,
during which time the Council will develop the necessary action to
rebuild the stock.
The 2019 stock assessment estimated the overfishing limit for Guam
BMUS to be 36,000 lb (16,329 kg). The proposed Guam ACL corresponds to
a 31 percent probability of overfishing, which is more conservative
than the 50 percent risk threshold allowed under NMFS guidelines for
National Standard 1 of the Magnuson-Stevens Act (NS1). It is likely
that annual catch in 2020 through 2022 would not only approach the
proposed ACL, but the three-year average of catch would exceed the
proposed ACL. If the catch exceeds the three-year average, then the
proposed post-season adjustment would be implemented to reduce the ACL
in the subsequent year. The proposed ACLs and AMs are meant to prevent
overfishing in accordance with NS1. ACLs designed to rebuild Guam
bottomfish will be part of a subsequent Council rebuilding plan.
The 2019 stock assessment also concluded that in 2017 the CNMI BMUS
stock was not overfished and did not experience overfishing. The
assessment estimated the overfishing limit for CNMI BMUS to be 98,000
lb (44,452 kg). The CNMI ACL and ACT correspond to 39 percent and 34
percent probability of overfishing, respectively, which are more
conservative than the 50 percent risk threshold allowed under NMFS
guidelines for NS1 of the Magnuson-Stevens Act. NMFS does not
anticipate that the CNMI fishery will reach the proposed ACT or ACL in
any fishing year, nor will fishing for bottomfish be constrained during
the fishing year.
NMFS will consider public comments on this proposed rule and will
announce the final ACLs, ACTs, and AMs in the Federal Register. NMFS
must receive any comments by the date provided in the DATES heading.
NMFS may not consider any comments not postmarked or otherwise
transmitted by that date. Regardless of the final ACLs, ACTs and AMs,
all other management measures will continue to apply in the fisheries.
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.
Certification of Finding of No Significant Impact on Substantial Number
of Small Entities
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 proposed rule would implement ACLs, ACTs, and AMs for the
bottomfish in Guam and the CNMI. These measures would apply in 2020-
2022 for Guam and in 2020-2023 for the CNMI. The Council recommended
the proposed measures based on the most recent stock assessment for
bottomfish in Guam and the CNMI, consistent with the Magnuson-Stevens
Act and in accordance with the ACL process set forth in the FEP.
For the CNMI, NMFS proposes an ACL of 84,000 lb (38,102 kg), which
is associated with a 39 percent risk of overfishing, which is more
conservative than the 50 percent threshold allowed by the NS1
guidelines. The proposed ACL is a 63 percent reduction from the 228,000
lb (103,419 kg) ACL set in 2016 and 2017. This reduction is based on
the most recent stock assessment, which incorporated several changes
that resulted in markedly different outputs compared to the previous
assessment that informed the 2016 and 2017 ACL. As described in the
2019 stock assessment and discussed at the October 2019 Council
meeting, these changes included using a new species list, filtering
data in a new way, and standardizing data for covariates that may
affect the catch rate. NMFS did not specify ACLs for 2018 and 2019
while the Council and NMFS completed Amendment 5 to the FEP, which
reclassified certain management unit species as ecosystem component
species. Taking into account social, economic, and ecological
considerations and management uncertainty, NMFS proposes to set an ACT
at 78,000 lb (35,380 kg), which is associated with a 34 percent risk of
overfishing.
For Guam, NMFS proposes an ACL of 27,000 lb (12,247 kg), which is
associated with a 31 percent risk of overfishing and is a 59 percent
reduction from the 66,000 lb (29,937 kg) ACL set in 2016 and 2017. Like
in the CNMI, this reduction is based on the most recent stock
assessment, which incorporated several changes that resulted in
markedly different outputs
[[Page 10528]]
compared to the previous assessment. Additionally, according to the
recent stock assessment, the stock is overfished, but not subject to
overfishing. The previous assessment indicated the stock was fished at
sustainable levels. NMFS adopted the findings of the assessment and so
notified the Council in February 2020. ACLs designed to rebuild will be
part of the Council's rebuilding plan.
The fishing year for bottomfish in Guam and the CNMI begins January
1 and ends December 31. NMFS would count bottomfish catches from both
territorial waters and the Exclusive Economic Zone toward the ACL and
ACT. Because real-time catch data are not currently available for this
fishery, the Council and NMFS consider post-season AMs only.
Specifically, for Guam, if NMFS and the Council determine that the
average catch from the most recent three-year period exceeds the ACL,
NMFS would reduce the ACL in the subsequent fishing years by the amount
of the overage. For the CNMI, if NMFS and the Council determine that
the average catch from the most recent three-year period exceeds the
ACL, NMFS would reduce the ACL and ACT in the subsequent fishing year
by the amount of the overage. If the average catch from the most recent
three-year period exceeds the ACT, but is below the ACL, NMFS would not
apply a post-season AM.
The bottomfish fisheries in Guam and the CNMI share many
similarities in terms of gear, fishing methods, and species targeted.
Many people who participate in the bottomfish fishery are either
subsistence or part-time commercial fishermen, and they generally do
not sell all of their catch. The majority of fishermen operate vessels
less than 25 ft long, but a few longer vessels also participate in the
fishery. Commercial vessels tend to concentrate effort on deepwater
bottomfish at offshore banks, but they face higher operating costs than
the shallow-water fishery operating closer to shore. In addition to
sales to seafood dealers, some bottomfish sales are within community
social networks.
In Guam, the number of vessels landing BMUS increased from 29
vessels in 2012 to 52 vessels in 2019. Annual BMUS catch is variable,
but has been trending upwards over the past eight years, ranging from a
low of 10,882 lb (4,936 kg) in 2015 to a high of 37,701 lb (17,101 kg)
in 2019. The annual catch for three out of the last eight years has
exceeded the proposed ACL, and the average annual catch from 2017 to
2019 was 26,906 lb (12,204 kg), which is 99.6 percent of the proposed
ACL. Data on the amount sold and revenue in 2019 are not available due
to confidentiality requirements. Applying the 2018 percent sold (11
percent) and price per pound ($5.05) to the 2019 estimated catch,
yields a projection that 4,147 lb (1,881 kg) was sold in 2019 with an
estimated revenue of $20,942.
In the CNMI, the number of vessels landing BMUS has fluctuated from
a high of 51 vessels in 2005 to a low of two vessels in 2018. In 2019,
eight vessels landed BMUS. The average annual catch of BMUS from 2017
to 2019 was 23,223 lb (10,534 kg). In 2019, the fishery landed 21,012
lb (9,531 kg), which is 27 percent of the ACL and 30 percent of the
ACT, respectively, so the fishery is unlikely to reach the ACL or ACT
in future years. We estimate that the 2019 revenue for this fishery was
$35,840.
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 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 its combined annual receipts are not in excess of $11
million for all of its affiliated operations worldwide. Based on
available information, NMFS has determined that all vessels engaging in
the Guam and CNMI commercial and non-commercial bottomfish fisheries
(NAICS Code: 114111) are small entities. That is, they are engaged in
the business of finfish harvesting, independently owned or operated,
not dominant in their field of operation, and have annual gross
receipts not in excess of $11 million. Therefore, there would be no
disproportionate economic impacts between large and small entities.
Furthermore, NMFS has determined that there would be no
disproportionate economic impacts among the universe of vessels based
on gear, home port, or vessel length.
Even though this proposed action would apply to a substantial
number of vessels, this action is not expected to result in significant
adverse economic impact to individual vessels. While the fisheries
could reach or exceed the ACL or ACT, the catch data are not available
until six months after the local resource agencies have collected the
data. Therefore, the proposed rule would not subject the fisheries to
an in-season AM, such as a fishery closure and, without an in-season
AM, fishing activity is not likely to be constrained.
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. The proposed action also will not place a substantial
number of small entities at a significant competitive disadvantage to
large entities. For the reasons above, NMFS does not expect the
proposed action to have a significant economic impact on a substantial
number of small entities. As such, an initial regulatory flexibility
analysis is not required and none has been prepared.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
This proposed 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, Bottomfish,
Fisheries, Fishing, Guam, Mariana Archipelago, Northern Mariana
Islands, Pacific Islands.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 12, 2021.
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
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. Add Sec. 665.408 to read as follows:
Sec. 665.408 Annual Catch Limits (ACL) and Annual Catch Targets
(ACT).
(a) In accordance with Sec. 665.4, the ACL and ACT for Guam and
CNMI bottomfish MUS fisheries for each fishing year are as follows:
[[Page 10529]]
Table 1 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
2020 2021 2022
----------------------------------------------------------------------------------------------------------------
Guam
ACL (lb).................................................... 27,000 27,000 27,000
----------------------------------------------------------------------------------------------------------------
Table 2 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
2020 2021 2022 2023
----------------------------------------------------------------------------------------------------------------
CNMI
ACL (lb).................................... 84,000 84,000 84,000 84,000
ACT (lb).................................... 78,000 78,000 78,000 78,000
----------------------------------------------------------------------------------------------------------------
(b) If the average catch of the three most recent years exceeds the
specified ACL or ACT in a fishing year, the Regional Administrator will
reduce the ACL and or ACT for the subsequent year by the amount of the
overage in a separate rulemaking.
[FR Doc. 2021-03240 Filed 2-19-21; 8:45 am]
BILLING CODE 3510-22-P
