Pacific Island Fisheries; Annual Catch Limit and Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish for Fishing Years 2021-2024, 3045-3048 [2022-00995]

Download as PDF 3045 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Rules and Regulations ADHESIVES, COATINGS, AND INKS End-use Substitute Decision Further information 1 Coatings ........................ HCFO–1233yd(Z) ....... Acceptable ............ HCFO–1233yd(Z) is also known as (Z)-1-chloro-2,3,3-trifluoropropene (CAS Reg. No. 1263679–68–0). HCFO–1233yd(Z) has an ozone depleting potential (ODP) of 0.00003 and a global warming potential (GWP) of less than 1. This compound is nonflammable. The manufacturer recommends an acceptable exposure limit (AEL) for the workplace for HCFO–1233yd(Z) of 250 ppm on an eight-hour time-weighted average (8-hr TWA). This substitute is subject to a Toxic Substance Control Act (TSCA) section 5(a)(2) Significant New Use Rule (SNUR). 1 See recommendations in the manufacturer’s SDS and guidance for all listed carrier solvents for adhesives, coatings, and inks. [FR Doc. 2022–00998 Filed 1–19–22; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 21–126; RM–11893; DA 22– 25; FR ID 67334] Television Broadcasting Services Monroe, Louisiana Federal Communications Commission. ACTION: Final rule. AGENCY: On September 22, 2021, the Media Bureau, Video Division (Bureau) issued a Notice of Proposed Rulemaking (NPRM) in response to a petition for rulemaking filed by Gray Television Licensee, LLC (Petitioner), the licensee of KNOE–TV, channel 8, Monroe, Louisiana, requesting the substitution of channel 24 for channel 8 at Monroe in the Table of Allotments. For the reasons set forth in the Report and Order referenced below, the Bureau amends FCC regulations to substitute channel 24 for channel 8 at Monroe. DATES: Effective January 20, 2022. FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at (202) 418–1647 or Joyce.Bernstein@fcc.gov. SUPPLEMENTARY INFORMATION: The proposed rule was published at 86 FR 54417 on October 1, 2021. The Petitioner filed comments in support of the petition reaffirming its commitment to apply for channel 24. The Petitioner states that the Commission has recognized the deleterious effects of manmade noise from nearby electrical devices including on the reception of digital VHF signals and that the propagation characteristics of VHF channels allow undesired signals and noise to be receivable at relatively farther distances compared to UHF channels. In addition, no existing viewers will lose service and an additional 12,868 persons would gain lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:03 Jan 19, 2022 Jkt 256001 service if the channel substitution is granted. This is a synopsis of the Commission’s Report and Order, MB Docket No. 21–126; RM–11893; DA 22– 25, adopted January 11, 2022, and released January 11, 2022. The full text of this document is available for download at https://www.fcc.gov/edocs. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@ fcc.gov or call the Consumer & Governmental Affairs Bureau at 202– 418–0530 (voice), 202–418–0432 (tty). This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601– 612, do not apply to this proceeding. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). ■ List of Subjects in 47 CFR Part 73 Television. Pacific Island Fisheries; Annual Catch Limit and Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish for Fishing Years 2021– 2024 Federal Communications Commission. Thomas Horan, Chief of Staff, Media Bureau. Final Rule For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICE 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 2. In § 73.622(j), amend the Table of Allotments, under Louisiana, by revising the entry for Monroe to read as follows: § 73.622 Digital television table of allotments. * * * (j) * * * * * Community * * Channel No. * * * * * * 13, 24 * * LOUISIANA * * * Monroe .................................. * * * [FR Doc. 2022–01001 Filed 1–19–22; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 220113–0014] RIN 0648- BK72 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: In this final rule, NMFS implements an annual catch limit (ACL) of 492,000 lb (223,167 kg) for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for each of the three fishing years 2021–22, 2022–23, and 2023–24. As an in-season accountability measure (AM), if NMFS projects that the SUMMARY: E:\FR\FM\20JAR1.SGM 20JAR1 lotter on DSK11XQN23PROD with RULES1 3046 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Rules and Regulations fishery will reach the ACL in any given fishing year, we would close the commercial and non-commercial fisheries in Federal waters for the remainder of the fishing year. As a postseason AM, if NMFS determines that the catch exceeded the ACL in a fishing year, we would reduce the ACL for the following fishing year by the amount of the overage. This rule supports the longterm sustainability of Deep 7 bottomfish. DATES: The final rule is effective February 22, 2022. ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaii Archipelago (FEP) are available from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel. 808–522–8220, fax 808–522–8226, or www.wpcouncil.org. Copies of the environmental analyses and other supporting documents for this action are available from https:// www.regulations.gov/docket/NOAANMFS-2021-0077, or from Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Regional Office (PIRO), 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818. FOR FURTHER INFORMATION CONTACT: Brett Schumacher, NMFS PIRO Sustainable Fisheries, 808–725–5185. SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Deep 7 bottomfish fishery in Federal waters around Hawaii under the FEP, as authorized by the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The Deep 7 bottomfish are lehi (Aphareus rutilans), ehu (Etelis carbunculus), onaga (E. coruscans), opakapaka (Pristipomoides filamentosus), kalekale (P. sieboldii), gindai (P. zonatus), and hapuupuu (Hyporthodus quernus). The FEP contains a process for the Council and NMFS to specify ACLs and AMs; that process is codified at 50 CFR 665.4 and requires NMFS to specify an ACL for MHI Deep 7 bottomfish each fishing year, based on a recommendation from the Council. The Council recommended that NMFS implement the ACL of 492,000 lb (223,167 kg) and AMs for MHI Deep 7 bottomfish in fishing years 2021–22, 2022–23, and 2023–24. Each fishing year begins on September 1 and ends on August 31 of the following year. As an in-season AM, if NMFS projects that the fishery will reach the ACL, we would close commercial and non-commercial fishing for MHI Deep 7 bottomfish in Federal waters for the remainder of the fishing year. As a post-season AM, in the event that NMFS determines that the VerDate Sep<11>2014 16:03 Jan 19, 2022 Jkt 256001 final MHI Deep 7 bottomfish catch exceeds the ACL in any given year, NMFS would reduce the ACL for the subsequent fishing year by the amount of the overage with a subsequent rulemaking. The Council recommended the ACL and AMs based on an updated 2021 bottomfish stock assessment, and in consideration of the risk of overfishing, past fishery performance, and the acceptable biological catch recommendation from its Scientific and Statistical Committee, with opportunity for input from the public. You may find additional background information on this action in the preamble to the proposed rule published on November 1, 2021 (86 FR 60194). Comments and Response On November 1, 2021, NMFS published a proposed rule, Supplemental Environmental Assessment (SEA), and Regulatory Impact Review for public comment (86 FR 60194). The comment period ended November 16, 2021. NMFS received comments from 26 sources, primarily from students from a policy class, and the interested public. NMFS did not receive any comments from fishermen, fishery management agencies, or nongovernmental organizations. We summarized the comments that relate directly to this action, and respond below. Comment 1: This regulation is necessary and important for preventing overfishing in Hawaii and for protecting fish populations. With effective quotas and AMs, we will be able to protect our fish and continue to harvest them sustainably. Response: NMFS agrees and will continue to regulate Federal fisheries to ensure they are sustainable, consistent with the Magnuson-Stevens Act, the FEP and implementing regulations. Comment 2: NMFS should provide additional clarity on the purpose of this action because it mentions that it probably will not affect fishing behavior, and only extends for a few years into the future. Response: The Magnuson-Stevens Act requires NMFS to implement ACLs for all federally managed fisheries with certain exceptions not applicable here. This rule implements ACLs for three years because that timeframe is consistent with available scientific information and management goals of the Council. It provides a science-based upper limit for what can be caught sustainably, does not unnecessarily burden a healthy and productive fishery with regulatory constraints, and is consistent with regulatory requirements PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 to set an ACL for federally-managed fisheries. Comment 3: The assumption that catch will be identical over three years may be flawed, so NMFS should reassess the quota each year based on new stock assessments and adjust the quota if the new assessment indicates the need. Response: The assumption that catch does not change annually is used as a basis for determining the acceptable risk of overfishing within the timeframe of catch projections from the most recent stock assessment. This provides an upper limit of the expected annual catch, and the in-season AM ensures that overfishing will not occur. It is unnecessary to conduct a new stock assessment and change the ACL each year because the post-season AM allows NMFS to decrease the ACL for the following fishing year to prevent effects on the stock, if needed. Comment 4: The bottomfish catch fell from an average of 274,000 lb (124,284 kg) in 2014–15, 2015–16, and 2016–17 to 161,437 lb (73,227 kg) in 2019–20, so the population must be decreasing. Response: Total catch does not correlate to the size of the population. Total catch is driven by several factors (such as market demand, which dropped sharply in 2020 during the coronavirus pandemic). The key metric used in stock assessments to evaluate relative population size is ‘‘catch per unit effort,’’ which has been stable or increasing in recent years; this underscores that the stock is healthy and the fishery is sustainable. Comment 5: Population sampling methodologies are flawed because the effect they are having on the overall environment goes unacknowledged, so the stock assessment is not accurate. Response: This action is based on a 2021 updated stock assessment that included both fishery dependent data from commercial reports, and fishery independent data from scientific surveys. The assessment was reviewed by an independent panel of experts in fishery stock assessments and by the Council’s Scientific and Statistical Committee. These reviews and our own internal review determined that the stock assessment provides the best available scientific information for management, and demonstrates the stock is not overfished or experiencing overfishing. The 2019 Environmental Assessment (EA) and 2021 SEA provide comprehensive analyses of the action’s potential environmental effects, which NMFS determined would not be significant. Comment 6: Fishermen may not report their catch accurately if the E:\FR\FM\20JAR1.SGM 20JAR1 lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Rules and Regulations fishery approaches the catch limit, so there should be measures in place to make sure that data are reported accurately and ensure that catch does not pass the quota. Response: While an impending catch limit could present a disincentive to report accurately, we work with our management partners at the Council and the State of Hawaii to educate fisherman about the importance of timely and accurate reporting. In past years when catch limits were lower, the fishery did reach the catch limits and NMFS closed the fishery using the same reporting and monitoring mechanisms, which indicates that underreporting is not a significant problem. The State of Hawaii also collects catch data from commercial fishermen and from vendors who buy and sell the fish. These programs allow for cross-verification of catch reports, if necessary, to ensure that management is based on consistent, timely, and accurate information. Comment 7: NMFS should conduct an independent review to account for underreporting and adjust the ACL accordingly. Response: We addressed this issue in a 2011 evaluation of unreported catch in the fishery. The information was included in the 2021 stock assessment to account for the effects of total fishery removals on the stock complex, and catch projections for the ACL are scaled based on reported catch. Comment 8: NMFS should consider creating different ACLs for small or local fisheries versus commercial fisheries to promote equity. Response: Catches in the fishery have been considerably less than the ACL, so the regulations do not create access, equity, or allocation issues. ACLs for multiple sectors are not necessary because this fishery does not have distinct small, local, or large, non-local commercial sectors. All participants are small boat fishermen and are considered small operations from an economic standpoint. Comment 9: Accounting for cultural, nutritional, and economic importance of Deep 7 bottomfish to indigenous Hawaiians is important because they are a marginalized population within Hawaii. Response: NMFS and the Council address these concerns during the development of the ACL recommendation and the analysis in the EA and SEA. Social and cultural impacts are discussed and evaluated during the ‘‘Social, Economic, Ecological, and Management’’ analysis used to develop the ACL. Effects on fishing-dependent communities are further analyzed in the EA and SEA, VerDate Sep<11>2014 16:03 Jan 19, 2022 Jkt 256001 and NMFS also considers effects on Native Hawaiian and other underserved communities pursuant to Executive Order 12898 on Environmental Justice. These analyses show that this management action will not limit fishing opportunities for Native Hawaiians, minorities, or low-income populations, or otherwise have adverse effects. Comment 10: NMFS should provide exceptions to the ACL for the native groups that have sustainably caught and used these fish for generations. Response: Because the ACL is not restricting access to the fishery by any user group, the Council has not identified a need to allocate a portion of the ACL to any sector, including indigenous fishery participants. Comment 11: NMFS should provide data that show what proportion these fish contribute to an individual’s total annual income. Response: NMFS included additional available information in the final SEA. There is a relatively small proportion of ‘‘highliners,’’ about 10 percent of the commercial fisherman who catch over 1,000 lb (454 kg) of bottomfish per year. Within this group, participants earn approximately 30 percent of their personal income from bottomfish fishing, on average. Most other commercial fishermen report that they earn ‘‘very little’’ personal income from bottomfish. Comment 12: The action seems overly focused on economic prosperity rather than the long-term sustainability of the ecosystem. Response: The foundation of the ACL designation process is stock sustainability. NMFS first conducts a stock assessment to evaluate if the stock is being fished sustainably, and the overfishing risk across a range of catch levels. We then evaluate several sustainable catch levels for ecosystem effects (e.g., on target and non-target stocks, endangered species and marine mammals, habitat), and effects on the human community (e.g., economic, social, cultural effects). Economic factors are one of several important considerations, but our analyses address a comprehensive suite of concerns and perspectives. Changes From the Proposed Rule This final rule contains a minor housekeeping correction to the proposed rule. In the proposed rule published November 1, 2021 (86 FR 60194), we intended to insert a new provision at 50 CFR 665.211(e) and change the current 665.211(e) to 665.211(f). The current 665.211(e) addresses bottomfish fishing in areas PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 3047 outside the MHI. The new 665.211(e) addresses overage adjustments in the MHI Deep 7 bottomfish fishery. The amendatory instructions to change the CFR in the proposed rule would have added the new 665.211(e), but inadvertently omitted the new 665.211(f), and the language in this final rule corrects this. The technical change has no material effect on management of the MHI Deep 7 bottomfish fishery. Classification Pursuant to section 304(b)(3) of the Magnuson-Stevens 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 received no 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, Bottomfish, Fishing, Hawaii, Pacific Islands. Dated: January 13, 2022. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS amends 50 CFR part 665 as follows: PART 665—FISHERIES IN THE WESTERN PACIFIC 1. The authority citation for 50 CFR part 665 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 665.211, revise paragraphs (a) and (e), and add paragraph (f) to read as follows: ■ § 665.211 Annual Catch Limit (ACL). (a) In accordance with § 665.4, the ACLs for MHI bottomfish fisheries for each fishing year are as follows: E:\FR\FM\20JAR1.SGM 20JAR1 3048 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Rules and Regulations Fishery Deep 7 bottomfish ....................................................................................................................... Uku ............................................................................................................................................... National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The A season allowance of the 2022 total allowable catch (TAC) of pollock in Statistical Area 610 of the GOA is 1,132 metric tons (mt) as established by the final 2021 and 2022 harvest specifications for groundfish in the GOA (86 FR 10184, February 19, 2021) and inseason adjustment (86 FR 74384, December 30, 2021). In accordance with § 679.20(d)(1)(i) and § 679.20(d)(1)(ii)(B), the Regional Administrator has determined that the A season allowance of the 2022 TAC of pollock in Statistical Area 610 of the GOA is necessary to account for the incidental catch in other anticipated fisheries. Therefore, the Regional Administrator is establishing a directed fishing allowance of 0 mt and is setting aside the remaining 1,132 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 610 of the GOA. While this closure is effective the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. NMFS is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2022 total allowable catch of pollock for Statistical Area 610 in the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 20, 2022 through 1200 hrs, A.l.t., May 31, 2022. FOR FURTHER INFORMATION CONTACT: Krista Milani, 907–581–2062. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be impracticable and contrary to the public interest, as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of pollock in Statistical Area 610 in the GOA. NMFS was unable to publish a notice providing time for public comment * * * * (e) If landings of MHI Deep 7 bottomfish exceed the specified ACL in a fishing year, the Regional Administrator will reduce the ACL for the subsequent year by the amount of the overage in a separate rulemaking. (f) Fishing for, and the resultant possession or sale of, any bottomfish MUS by vessels legally registered to Mau Zone, Ho’omalu Zone, or PRIA bottomfish fishing permits and conducted in compliance with all other laws and regulations, is exempted from this section. [FR Doc. 2022–00995 Filed 1–19–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 210210–0018] RTID 0648–XB726 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 in the Gulf of Alaska AGENCY: lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:03 Jan 19, 2022 Jkt 256001 PO 00000 2022–23 ACL (lb) 2023–24 ACL (lb) 492,000 492,000 492,000 2019 ACL (lb) Fishery * 2021–22 ACL (lb) Frm 00024 Fmt 4700 Sfmt 4700 2020 ACL (lb) 127,205 2021 ACL (lb) 127,205 127,205 because the most recent, relevant data only became available as of January 13, 2022. The Assistant Administrator for Fisheries, NOAA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. Authority: 16 U.S.C. 1801 et seq. Dated: January 14, 2022. Ngagne Jafnar Gueye, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–01070 Filed 1–19–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 210217–0022; RTID 0648– XB721] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific cod by American Fisheries Act (AFA) trawl catcher/ processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2022 Pacific cod total allowable catch (TAC) allocated to AFA trawl catcher/processors in the BSAI. SUMMARY: Effective 1200 hours, Alaska local time (A.l.t.), January 20, 2022, through 1200 hours, A.l.t., April 1, 2022. DATES: E:\FR\FM\20JAR1.SGM 20JAR1

Agencies

[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Rules and Regulations]
[Pages 3045-3048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00995]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 220113-0014]
RIN 0648- BK72


Pacific Island Fisheries; Annual Catch Limit and Accountability 
Measures; Main Hawaiian Islands Deep 7 Bottomfish for Fishing Years 
2021-2024

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: In this final rule, NMFS implements an annual catch limit 
(ACL) of 492,000 lb (223,167 kg) for Deep 7 bottomfish in the main 
Hawaiian Islands (MHI) for each of the three fishing years 2021-22, 
2022-23, and 2023-24. As an in-season accountability measure (AM), if 
NMFS projects that the

[[Page 3046]]

fishery will reach the ACL in any given fishing year, we would close 
the commercial and non-commercial fisheries in Federal waters for the 
remainder of the fishing year. As a post-season AM, if NMFS determines 
that the catch exceeded the ACL in a fishing year, we would reduce the 
ACL for the following fishing year by the amount of the overage. This 
rule supports the long-term sustainability of Deep 7 bottomfish.

DATES: The final rule is effective February 22, 2022.

ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaii 
Archipelago (FEP) are available from the Western Pacific Fishery 
Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 
96813, tel. 808-522-8220, fax 808-522-8226, or www.wpcouncil.org.
    Copies of the environmental analyses and other supporting documents 
for this action are available from https://www.regulations.gov/docket/NOAA-NMFS-2021-0077, or from Michael D. Tosatto, Regional 
Administrator, NMFS Pacific Islands Regional Office (PIRO), 1845 Wasp 
Blvd., Bldg. 176, Honolulu, HI 96818.

FOR FURTHER INFORMATION CONTACT: Brett Schumacher, NMFS PIRO 
Sustainable Fisheries, 808-725-5185.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Deep 7 
bottomfish fishery in Federal waters around Hawaii under the FEP, as 
authorized by the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). The Deep 7 bottomfish are lehi (Aphareus 
rutilans), ehu (Etelis carbunculus), onaga (E. coruscans), opakapaka 
(Pristipomoides filamentosus), kalekale (P. sieboldii), gindai (P. 
zonatus), and hapuupuu (Hyporthodus quernus). The FEP contains a 
process for the Council and NMFS to specify ACLs and AMs; that process 
is codified at 50 CFR 665.4 and requires NMFS to specify an ACL for MHI 
Deep 7 bottomfish each fishing year, based on a recommendation from the 
Council.
    The Council recommended that NMFS implement the ACL of 492,000 lb 
(223,167 kg) and AMs for MHI Deep 7 bottomfish in fishing years 2021-
22, 2022-23, and 2023-24. Each fishing year begins on September 1 and 
ends on August 31 of the following year. As an in-season AM, if NMFS 
projects that the fishery will reach the ACL, we would close commercial 
and non-commercial fishing for MHI Deep 7 bottomfish in Federal waters 
for the remainder of the fishing year. As a post-season AM, in the 
event that NMFS determines that the final MHI Deep 7 bottomfish catch 
exceeds the ACL in any given year, NMFS would reduce the ACL for the 
subsequent fishing year by the amount of the overage with a subsequent 
rulemaking. The Council recommended the ACL and AMs based on an updated 
2021 bottomfish stock assessment, and in consideration of the risk of 
overfishing, past fishery performance, and the acceptable biological 
catch recommendation from its Scientific and Statistical Committee, 
with opportunity for input from the public.
    You may find additional background information on this action in 
the preamble to the proposed rule published on November 1, 2021 (86 FR 
60194).

Comments and Response

    On November 1, 2021, NMFS published a proposed rule, Supplemental 
Environmental Assessment (SEA), and Regulatory Impact Review for public 
comment (86 FR 60194). The comment period ended November 16, 2021. NMFS 
received comments from 26 sources, primarily from students from a 
policy class, and the interested public. NMFS did not receive any 
comments from fishermen, fishery management agencies, or non-
governmental organizations. We summarized the comments that relate 
directly to this action, and respond below.
    Comment 1: This regulation is necessary and important for 
preventing overfishing in Hawaii and for protecting fish populations. 
With effective quotas and AMs, we will be able to protect our fish and 
continue to harvest them sustainably.
    Response: NMFS agrees and will continue to regulate Federal 
fisheries to ensure they are sustainable, consistent with the Magnuson-
Stevens Act, the FEP and implementing regulations.
    Comment 2: NMFS should provide additional clarity on the purpose of 
this action because it mentions that it probably will not affect 
fishing behavior, and only extends for a few years into the future.
    Response: The Magnuson-Stevens Act requires NMFS to implement ACLs 
for all federally managed fisheries with certain exceptions not 
applicable here. This rule implements ACLs for three years because that 
timeframe is consistent with available scientific information and 
management goals of the Council. It provides a science-based upper 
limit for what can be caught sustainably, does not unnecessarily burden 
a healthy and productive fishery with regulatory constraints, and is 
consistent with regulatory requirements to set an ACL for federally-
managed fisheries.
    Comment 3: The assumption that catch will be identical over three 
years may be flawed, so NMFS should reassess the quota each year based 
on new stock assessments and adjust the quota if the new assessment 
indicates the need.
    Response: The assumption that catch does not change annually is 
used as a basis for determining the acceptable risk of overfishing 
within the timeframe of catch projections from the most recent stock 
assessment. This provides an upper limit of the expected annual catch, 
and the in-season AM ensures that overfishing will not occur. It is 
unnecessary to conduct a new stock assessment and change the ACL each 
year because the post-season AM allows NMFS to decrease the ACL for the 
following fishing year to prevent effects on the stock, if needed.
    Comment 4: The bottomfish catch fell from an average of 274,000 lb 
(124,284 kg) in 2014-15, 2015-16, and 2016-17 to 161,437 lb (73,227 kg) 
in 2019-20, so the population must be decreasing.
    Response: Total catch does not correlate to the size of the 
population. Total catch is driven by several factors (such as market 
demand, which dropped sharply in 2020 during the coronavirus pandemic). 
The key metric used in stock assessments to evaluate relative 
population size is ``catch per unit effort,'' which has been stable or 
increasing in recent years; this underscores that the stock is healthy 
and the fishery is sustainable.
    Comment 5: Population sampling methodologies are flawed because the 
effect they are having on the overall environment goes unacknowledged, 
so the stock assessment is not accurate.
    Response: This action is based on a 2021 updated stock assessment 
that included both fishery dependent data from commercial reports, and 
fishery independent data from scientific surveys. The assessment was 
reviewed by an independent panel of experts in fishery stock 
assessments and by the Council's Scientific and Statistical Committee. 
These reviews and our own internal review determined that the stock 
assessment provides the best available scientific information for 
management, and demonstrates the stock is not overfished or 
experiencing overfishing. The 2019 Environmental Assessment (EA) and 
2021 SEA provide comprehensive analyses of the action's potential 
environmental effects, which NMFS determined would not be significant.
    Comment 6: Fishermen may not report their catch accurately if the

[[Page 3047]]

fishery approaches the catch limit, so there should be measures in 
place to make sure that data are reported accurately and ensure that 
catch does not pass the quota.
    Response: While an impending catch limit could present a 
disincentive to report accurately, we work with our management partners 
at the Council and the State of Hawaii to educate fisherman about the 
importance of timely and accurate reporting. In past years when catch 
limits were lower, the fishery did reach the catch limits and NMFS 
closed the fishery using the same reporting and monitoring mechanisms, 
which indicates that underreporting is not a significant problem. The 
State of Hawaii also collects catch data from commercial fishermen and 
from vendors who buy and sell the fish. These programs allow for cross-
verification of catch reports, if necessary, to ensure that management 
is based on consistent, timely, and accurate information.
    Comment 7: NMFS should conduct an independent review to account for 
underreporting and adjust the ACL accordingly.
    Response: We addressed this issue in a 2011 evaluation of 
unreported catch in the fishery. The information was included in the 
2021 stock assessment to account for the effects of total fishery 
removals on the stock complex, and catch projections for the ACL are 
scaled based on reported catch.
    Comment 8: NMFS should consider creating different ACLs for small 
or local fisheries versus commercial fisheries to promote equity.
    Response: Catches in the fishery have been considerably less than 
the ACL, so the regulations do not create access, equity, or allocation 
issues. ACLs for multiple sectors are not necessary because this 
fishery does not have distinct small, local, or large, non-local 
commercial sectors. All participants are small boat fishermen and are 
considered small operations from an economic standpoint.
    Comment 9: Accounting for cultural, nutritional, and economic 
importance of Deep 7 bottomfish to indigenous Hawaiians is important 
because they are a marginalized population within Hawaii.
    Response: NMFS and the Council address these concerns during the 
development of the ACL recommendation and the analysis in the EA and 
SEA. Social and cultural impacts are discussed and evaluated during the 
``Social, Economic, Ecological, and Management'' analysis used to 
develop the ACL. Effects on fishing-dependent communities are further 
analyzed in the EA and SEA, and NMFS also considers effects on Native 
Hawaiian and other underserved communities pursuant to Executive Order 
12898 on Environmental Justice. These analyses show that this 
management action will not limit fishing opportunities for Native 
Hawaiians, minorities, or low-income populations, or otherwise have 
adverse effects.
    Comment 10: NMFS should provide exceptions to the ACL for the 
native groups that have sustainably caught and used these fish for 
generations.
    Response: Because the ACL is not restricting access to the fishery 
by any user group, the Council has not identified a need to allocate a 
portion of the ACL to any sector, including indigenous fishery 
participants.
    Comment 11: NMFS should provide data that show what proportion 
these fish contribute to an individual's total annual income.
    Response: NMFS included additional available information in the 
final SEA. There is a relatively small proportion of ``highliners,'' 
about 10 percent of the commercial fisherman who catch over 1,000 lb 
(454 kg) of bottomfish per year. Within this group, participants earn 
approximately 30 percent of their personal income from bottomfish 
fishing, on average. Most other commercial fishermen report that they 
earn ``very little'' personal income from bottomfish.
    Comment 12: The action seems overly focused on economic prosperity 
rather than the long-term sustainability of the ecosystem.
    Response: The foundation of the ACL designation process is stock 
sustainability. NMFS first conducts a stock assessment to evaluate if 
the stock is being fished sustainably, and the overfishing risk across 
a range of catch levels. We then evaluate several sustainable catch 
levels for ecosystem effects (e.g., on target and non-target stocks, 
endangered species and marine mammals, habitat), and effects on the 
human community (e.g., economic, social, cultural effects). Economic 
factors are one of several important considerations, but our analyses 
address a comprehensive suite of concerns and perspectives.

Changes From the Proposed Rule

    This final rule contains a minor housekeeping correction to the 
proposed rule. In the proposed rule published November 1, 2021 (86 FR 
60194), we intended to insert a new provision at 50 CFR 665.211(e) and 
change the current 665.211(e) to 665.211(f). The current 665.211(e) 
addresses bottomfish fishing in areas outside the MHI. The new 
665.211(e) addresses overage adjustments in the MHI Deep 7 bottomfish 
fishery. The amendatory instructions to change the CFR in the proposed 
rule would have added the new 665.211(e), but inadvertently omitted the 
new 665.211(f), and the language in this final rule corrects this. The 
technical change has no material effect on management of the MHI Deep 7 
bottomfish fishery.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens 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 received no 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, Bottomfish, Fishing, 
Hawaii, Pacific Islands.

    Dated: January 13, 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.  665.211, revise paragraphs (a) and (e), and add paragraph 
(f) to read as follows:


Sec.  665.211  Annual Catch Limit (ACL).

    (a) In accordance with Sec.  665.4, the ACLs for MHI bottomfish 
fisheries for each fishing year are as follows:

[[Page 3048]]



----------------------------------------------------------------------------------------------------------------
                                                                    2021-22 ACL     2022-23 ACL     2023-24 ACL
                             Fishery                                   (lb)            (lb)            (lb)
----------------------------------------------------------------------------------------------------------------
Deep 7 bottomfish...............................................         492,000         492,000         492,000
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                             Fishery                               2019 ACL (lb)   2020 ACL (lb)   2021 ACL (lb)
----------------------------------------------------------------------------------------------------------------
Uku.............................................................         127,205         127,205         127,205
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) If landings of MHI Deep 7 bottomfish exceed the specified ACL 
in a fishing year, the Regional Administrator will reduce the ACL for 
the subsequent year by the amount of the overage in a separate 
rulemaking.
    (f) Fishing for, and the resultant possession or sale of, any 
bottomfish MUS by vessels legally registered to Mau Zone, Ho'omalu 
Zone, or PRIA bottomfish fishing permits and conducted in compliance 
with all other laws and regulations, is exempted from this section.

[FR Doc. 2022-00995 Filed 1-19-22; 8:45 am]
BILLING CODE 3510-22-P
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