Rule2021-12931
Pacific Island Fisheries; Interim Measures for American Samoa Bottomfish
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 21, 2021
Effective
June 21, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This temporary rule implements an interim catch limit (ICL) of 13,000 lb (5,897 kg) of American Samoa bottomfish during the effective period of the rule in fishing year 2021. NMFS will monitor catches, and if the fishery reaches the ICL within the fishing year, we will close the fishery in Federal waters through the end of the effective period of this rule. These interim management measures are necessary to reduce overfishing of American Samoa bottomfish while minimizing socio- economic impacts to fishing communities. This temporary rule supports the long-term sustainability of American Samoa bottomfish.
Full Text
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<title>Federal Register, Volume 86 Issue 116 (Monday, June 21, 2021)</title>
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[Federal Register Volume 86, Number 116 (Monday, June 21, 2021)]
[Rules and Regulations]
[Pages 32361-32362]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12931]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Rules
and Regulations
[[Page 32361]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 020614-0129]
RIN 0648-BK62
Pacific Island Fisheries; Interim Measures for American Samoa
Bottomfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; interim measures.
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SUMMARY: This temporary rule implements an interim catch limit (ICL) of
13,000 lb (5,897 kg) of American Samoa bottomfish during the effective
period of the rule in fishing year 2021. NMFS will monitor catches, and
if the fishery reaches the ICL within the fishing year, we will close
the fishery in Federal waters through the end of the effective period
of this rule. These interim management measures are necessary to reduce
overfishing of American Samoa bottomfish while minimizing socio-
economic impacts to fishing communities. This temporary rule supports
the long-term sustainability of American Samoa bottomfish.
DATES: Effective June 21, 2021 through November 18, 2021.
ADDRESSES: Copies of the Fishery Ecosystem Plan for the American Samoa
Archipelago (FEP) are available from the Western Pacific Fishery
Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI
96813, tel 808-522-8220, or <a href="http://www.wpcouncil.org">www.wpcouncil.org</a>.
NMFS prepared an environmental assessment (EA) that describes the
potential impacts on the human environment that could result from this
temporary rule. The EA and other supporting documents are available
from <a href="http://www.regulations.gov/docket?D=NOAA-NMFS-2020-0099">www.regulations.gov/docket?D=NOAA-NMFS-2020-0099</a>.
FOR FURTHER INFORMATION CONTACT: Brett Schumacher, NMFS PIR Sustainable
Fisheries, 808-725-5185.
SUPPLEMENTARY INFORMATION: NMFS and the Western Pacific Fishery
Management Council (Council) manage the bottomfish fishery in the U.S.
Exclusive Economic Zone (Federal waters) around American Samoa under
the FEP and the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act). Most of the management
measures for the fishery are found at 50 CFR 665.
In 2020, in response to a stock assessment and consistent with
sections 304(e)(6) and 305(c) of the Magnuson-Stevens Act (16 U.S.C.
1854(e)(6) and 1855(c), respectively), the Council requested that NMFS
implement an interim measure to reduce overfishing of the stock while
the Council develops rebuilding management measures required by section
304(e)(3). A proposed temporary rule, published on September 11, 2020
(85 FR 56208), included a request for public comment. That proposed
rule also noted that the action may be extended by NMFS for up to an
additional six months while longer-term measures were developed. NMFS
considered all comments received and responded to comments in a final
temporary rule (85 FR 73003, November 16, 2020) that implemented an ICL
of 13,000 lb (5,897 kg) for each 2020 and 2021 fishing year (85 FR
73003). The rule included an in-season accountability measure (AM)
where, if NMFS projects that the fishery will reach the ICL within a
fishing year, we would close the fishery in Federal waters through the
end of the fishing year, or the end of the effective period of the
temporary rule, whichever was earlier.
The temporary rule implementing the interim measure was published
on November 16, 2020 and was effective for 180 days, until May 17,
2021. Because the Council is still actively preparing an FEP amendment
to address overfishing on a permanent basis, it requested that NMFS
extend the interim measure an additional 185 days, pursuant to
Magnuson-Stevens Act section 305(c). Thus, this temporary rule extends
the interim measures, and the catch limit of 13,000 lb (5,897 kg) and
in-season AM will apply for fishing year 2021 until the temporary rule
expires on November 18, 2021 or is replaced. To maintain consistency
with the timeframe of catch projections from the stock assessment and
the bottomfish fishing year (January 1, 2021, through December 31,
2021), NMFS will monitor catches of bottomfish management unit species
(MUS) made in both territorial and Federal waters during the fishing
year and will count the combined catch toward the ICL for 2021.
This temporary rule does not alter the previous ICL or AM that
expired on May 17, 2021; it extends the effective period an additional
185 days from the expiration of the original measure as requested by
the Council. This interim measure will reduce overfishing relative to
the status quo, and will minimize social and economic impacts to the
community relative to any measure that would have ended overfishing
immediately. You may find additional background information on this
action in the preamble to the proposed temporary rule published on
September 11, 2020 (85 FR 56208).
Classification
The Assistant Administrator for Fisheries finds it is unnecessary
and contrary to the public interest to provide for prior notice and an
opportunity for public comment pursuant to authority set forth at
U.S.C. 553(b)(B). NMFS previously invited and responded to public
comments on implementation of the management measures in 2020 and 2021,
as well as on the possibility of an extension of those measures, and
this action does not change that original measure in any way except to
change the period of effectiveness. Similarly, the need to implement
the temporary rule in a timely manner to reduce overfishing constitutes
``good cause'' under authority contained in 5 U.S.C. 553(d)(3) to make
the rule effective immediately upon publication in the Federal
Register. The fishery is experiencing overfishing, and management
measures are needed to reduce catch to mitigate immediate effects of
fishing on the stock and long-term effects on the fishing community
while the stock is rebuilding. Specifically, this temporary rule should
be implemented immediately to establish thresholds that would
[[Page 32362]]
minimize adverse biological effects to the stock and adverse long-term
social and economic effects to fishermen and communities that utilize
bottomfish in American Samoa.
This action is being taken pursuant to the emergency provision of
Magnuson-Stevens Act and is exempt from OMB review. This temporary rule
is exempt from the procedures of the Regulatory Flexibility Act because
the rule is issued without opportunity for prior notice and opportunity
for public comment. This final rule contains no information collection
requirements under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 665
Accountability measure, American Samoa, Bottomfish, Fisheries,
Fishing, Interim catch limit, Pacific Islands.
Dated: June 14, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
665 as follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
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. 665.102 to read as follows:
Sec. 665.102 Bottomfish interim catch limit.
(a) The interim catch limit for American Samoa bottomfish MUS for
the 2021 fishing year is 13,000 lb.
(b) When the interim catch limit is projected to be reached, the
Regional Administrator shall publish a document to that effect in the
Federal Register and shall use other means to notify permit holders.
The document will include an advisement that the fishery will be
closed, beginning at a specified date that is not earlier than seven
days after the date of filing the closure notice for public inspection
at the Office of the Federal Register, through the end of the fishing
year in which the interim catch limit is reached or the end of the
effective period of this rule, whichever comes first.
(c) On and after the date the fishery is closed as specified in
paragraph (b) of this section, fishing for and possession of American
Samoa bottomfish MUS is prohibited in Federal waters around American
Samoa, except as otherwise authorized by law.
(d) On and after the date the fishery is closed as specified in
paragraph (b) of this section, possession, sale, offering for sale, and
purchase of any American Samoa bottomfish MUS caught in Federal waters
around American Samoa is prohibited.
0
3. In Sec. 665.103, stay the introductory paragraph, add paragraph
(a), and add and reserve paragraph (b) to read as follows:
Sec. 665.103 Prohibitions.
* * * * *
(a) In addition to the general prohibitions specified in Sec.
600.725 of this chapter and Sec. 665.15, it is unlawful for any person
to do any of the following:
(1) Fish for American Samoa bottomfish MUS or ECS, or seamount
groundfish MUS using gear prohibited under Sec. 665.104.
(2) Fish for, possess, sell, offer for sale, or purchase any
American Samoa bottomfish MUS in a closed fishery, in violation of
Sec. 665.102.
(b) [Reserved]
[FR Doc. 2021-12931 Filed 6-17-21; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on June 21, 2021.
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