Proposed Rule2021-25737
Pacific Island Fisheries; Rebuilding Plan for Guam Bottomfish
Primary source
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Published
November 26, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to implement a rebuilding plan that includes annual catch limits (ACL) and accountability measures (AM) for the overfished bottomfish stock complex in Guam. This action is necessary to rebuild the overfished stock consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).
Full Text
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<title>Federal Register, Volume 86 Issue 225 (Friday, November 26, 2021)</title>
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[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Proposed Rules]
[Pages 67426-67429]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25737]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 211119-0240]
RIN 0648-BK66
Pacific Island Fisheries; Rebuilding Plan for Guam Bottomfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement a rebuilding plan that includes
annual catch limits (ACL) and accountability measures (AM) for the
overfished bottomfish stock complex in Guam. This action is necessary
to rebuild the overfished stock consistent with the requirements of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
DATES: NMFS must receive comments by January 10, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0104, by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a>
and enter NOAA-NMFS-2021-0104 in the Search box, click the ``Comment''
icon, complete the required fields, and enter or attach your comments.
<bullet> 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 NMFS will generally post them for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> 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).
The Western Pacific Fishery Management Council (Council) prepared
Amendment 6 to the Fishery Ecosystem Plan for the Mariana Archipelago
(FEP), which includes a draft environmental assessment (EA) and
Regulatory Impact Review. Copies of Amendment 6 and other supporting
documents are available at <a href="http://www.regulations.gov">www.regulations.gov</a>, or from the Council,
1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-8220,
<a href="http://www.wpcouncil.org">www.wpcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: Kate Taylor, NMFS PIR Sustainable
Fisheries, 808-725-5182.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Guam
bottomfish fishery under the FEP and implementing regulations. The Guam
fishery harvests 11 species of emperors, snappers, groupers, and jacks.
There are more than 300 participants in the fishery. Most (73.6
percent) of the bottomfish habitat is in territorial waters (generally
from the shoreline to 3 nautical miles (5.6 km) offshore), with the
rest in Federal waters (i.e., the U.S Exclusive Economic Zone) around
offshore banks to the northeast and southwest of Guam. Fishing is
mostly from vessels less than 25 ft (7.6 m) in length close to shore,
targeting shallow-water species for recreational, subsistence, and
small-scale commercial purposes. A few larger vessels make trips to
offshore banks to harvest deepwater species primarily for commercial
purposes.
There is no mandatory reporting catch data collection system in
Guam. The Guam Division of Aquatic and Wildlife Resources (DAWR)
collects fishery catch information from fishermen through voluntary
creel surveys, and commercial sales data from the commercial receipt
book program. NMFS requires large vessels (>50 ft, 15.2 m) that fish in
Federal waters to hold a Federal permit and report their catch; there
are no current Federal permits holders. The NOAA Office of Law
Enforcement and the U.S. Coast Guard are responsible for the
enforcement of regulations in Federal waters and Guam's Department of
Agriculture Law Enforcement Section is responsible for the enforcement
of regulations in territorial waters.
Since 2001, the fishery has landed between 11,711 (5,312 kg) and
54,062 lb (24,522 kg) annually. The most recent 3-year average (2018-
2020) Guam bottomfish catch (from both Federal and territorial waters)
was 27,306 lb (12,386 kg), and the fishery landed 18,933 lb (8,588 kg)
in 2020. Although bottomfish have accounted for only 10-15 percent of
Guam's boat-based fish harvest, bottomfish hold fundamental dietary and
cultural importance for the people of Guam. Federal waters around Guam
[[Page 67427]]
remain important for the harvest of deepwater snappers at offshore
banks to provide locally sourced bottomfish.
On February 10, 2020, NMFS notified the Council that the Guam
bottomfish stock complex was overfished, but not subject to overfishing
(85 FR 26940, May 6, 2020). Bottomfish are considered to be overfished
when the stock complex's biomass (B) declines below the level necessary
to produce the maximum sustainable yield (MSY) on a continuing basis.
Consistent with section 304(e) of the Magnuson-Stevens Act and
implementing regulations at 50 CFR 600.310(j), the Council must
prepare, and NMFS must implement a rebuilding plan within two years of
the notification. The rebuilding plan must specify the timeframe for
rebuilding the Guam bottomfish stock complex's biomass to
B<INF>MSY</INF>, which is the long-term average size of the stock
complex that would be achieved by fishing at maximum sustainable yield.
The rebuilding timeframe must be as short as possible, taking into
account the status and biology of the overfished stock, the needs of
fishing communities, and the interaction of the overfished stock of
fish within the marine ecosystem and cannot exceed 10 years, except in
cases where the biology of the stock of fish, other environmental
conditions, or management measures under an international agreement in
which the United States participates dictate otherwise. The rebuilding
must also have at least a 50 percent probability of attaining the
B<INF>msy,</INF> where such probabilities can be calculated.
If approved, Amendment 6 would implement a rebuilding plan for the
Guam bottomfish stock complex that consists of an ACL and two AMs. We
would set the ACL at 31,000 lb (14,061 kg) starting in 2022. Because
the complex exists in both territorial and Federal waters around Guam,
we are obligated to manage the stock throughout its range and would
count harvests from territorial and Federal waters toward the ACL.
However, existing data collection programs do not differentiate catch
from territorial versus Federal waters.
As an in-season AM, if NMFS projects that the fishery will reach
the ACL in any year, then we would close the fishery in Federal waters
for the remainder of that year. Because Guam does not currently have
regulations in place to implement a complementary ACL and in-season AM
in territorial waters, as an additional AM, if subsequent analyses
indicate that the fishery exceeded the ACL during a year, we would
close the fishery in Federal waters until NMFS and the Territory of
Guam implement a coordinated management approach and implement
regulations to ensure that the catch in both Federal and territorial
waters is maintained at levels that allow the stock to rebuild to
B<INF>msy</INF>. The rebuilding plan would remain in place until NMFS
determines that the stock complex is rebuilt, which is expected to take
nine years. This rebuilding plan was selected because it allows for the
least disruption to the fishing community and minimizes negative socio-
economic impacts while still rebuilding the stock complex within the
10-year period required by the Magnuson-Stevens Act. NMFS and the
Council would review the rebuilding plan routinely every two years and
modify it, as necessary, per section 304(e)(7) of the Magnuson-Stevens
Act.
NMFS must receive comments on this proposed rule by the date
provided in the DATES section. NMFS is also soliciting comments on
proposed Amendment 6, as stated in the Notice of Availability (NOA)
published on November 15, 2021 (86 FR 62982). NMFS must receive
comments on the NOA by January 14, 2022. NMFS may not consider any
comments not postmarked or otherwise transmitted by that date. NMFS
will consider comments on the NOA and this proposed rule in our
decision to approve, disapprove, or partially approve Amendment 6.
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.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
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 Guam bottomfish fishery consists of the shallow water component
and deepwater component, with an estimated 300 or more participants.
The shallow water component is likely larger than the deepwater
component in terms of catch and effort due to the lower expense and
ease of fishing close to shore. Smaller fishing vessels (<25 ft, 7.6 m)
comprise most of the Guam bottomfish fishing fleet, and tend to target
shallow water bottomfish species for recreational, subsistence, and
small-scale commercial purposes. The few relatively large vessels in
the fishery are more likely to target the deepwater complex at offshore
banks and primarily fish for commercial reasons, although small non-
commercial boats do fish offshore. Fishermen sometimes combine
bottomfish fishing with other methods of harvest such as trolling,
spearing and jigging, and many commercial fishermen supplement their
bottomfish fishing effort with trolling for pelagic fish. Guam's
bottomfish fishery is highly seasonal with fishing effort higher during
the summer months. Although bottomfish fishing has only accounted for
10 to 15 percent of Guam's long-term boat-based fisheries harvest,
bottomfish hold fundamental dietary and cultural importance for the
people of Guam. Fishing grounds in Federal waters around Guam remain
important for the harvest of deepwater snappers at offshore banks to
provide locally sourced bottomfish the island's inhabitants, and the
extensive community networks for sharing locally caught fish suggest
that it is likely that the social benefits of fishing are widely shared
by many of Guam's long-term residents. Bottomfish catch ranged from
11,711 lb (5,312 kg) to 31,760 lb (14,406 kg) between 2012 and 2020,
and the catch over the last three years averaged 27,306 lb (12,386 kg).
The Guam bottomfish fishery has been managed with ACL and AMs since
2012 and although catch from both territorial waters and Federal waters
count toward the ACL, catch reports do not specify whether the
bottomfish catch came from territorial or Federal waters.
Bottomfish catches in the fishery has surpassed 31,000 lb (14,061
kg) only twice in the past 10 years: 31,226 lb (14,164 kg) in 2018 and
31,760 lb (14,406 kg) in 2019. We do not expect the fishery to reach
the proposed ACL, but it is possible, and we anticipate a 30 percent
probability of a closure in Federal waters. If the fishery exceeds the
ACL, the fishery will be subject to the higher performance standard for
subsequent years, which would close the bottomfish fishery in Federal
waters until a coordinated management approach is developed to ensure
both Federal and territorial waters can be maintained at levels that
allow the stock to rebuild. The direct economic effects annually of
closing Federal waters is evaluated using the recent three year average
catch (27,306 lb, 12,386 kg) and
[[Page 67428]]
assuming that the proportion of bottomfish habitat in Federal and
territorial waters (26.4 and 73.6 percent respectively) reflect the
proportion of catch. If Federal waters are closed, NMFS estimates that
an estimated 7,209 lb (3,270 kg) that might have ordinarily been caught
in Federal waters would not be caught and 20,097 lb (9,116 kg) would
still be caught in territorial waters. The reduction in catch could be
offset if fishing effort in Federal waters relocates to territorial
waters (assuming the Guam government does not implement complementary
measures in territorial waters). Additionally, fishery participants
might decrease fishing effort as the fishery approaches the ACL in
order to avoid a fishery closure in Federal waters. If complementary
measures were implemented in territorial waters and the fishery
exceeded the ACL, then catch would be 0 lb for every subsequent year
after the closures until the stock is rebuilt or the rebuilding plan is
modified based on the best scientific information available.
With regard to revenue, with expected catch at 27,306 lb (12,386
kg) and roughly 17.5 percent of that catch sold at $4.82/lb ($10.56/
kg), the total expected fishery-wide revenue is $23,283, which is
similar to recent years. If the fishery exceeds the ACL and Federal
waters are closed, there would be an expected loss of revenue of
$6,081, or over $20 per fishery participant for every subsequent years
of the rebuilding plan compared to the status quo, assuming fishermen
do not transfer effort to territorial waters. However, fishermen could
offset loss in revenue by selling some of their catch that had been
intended to be retained or shared (non-commercial catch) or by
relocating fishing effort to territorial waters, which could remain
open.
The fishery is not expected to substantially change the way it
fishes with respect to fishing gear, fishing effort, participation, or
intensity, but may change slightly with respect to total catch and
areas fished, with the fishermen who would normally choose to fish in
Federal waters being affected more adversely. Larger impacts would
occur if the Guam government implemented a complementary closure in
territorial waters. While limiting total bottomfish catches to 31,000
lb (14,061 kg) annually may result in short-term economic impacts to
Guam bottomfish participants, rebuilding stock biomass to
B<INF>MSY</INF> is expected to increase the exploitable biomass, which
in turn is expected to provide for long-term sustainability of fishery
resources while allowing fishery participants to continue to benefit
from their use.
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 (NAICS code 11411) 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 has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. Based on available information, NMFS has determined that all
vessels subject to the proposed action are small entities, i.e., they
are engaged in the business of finfish harvesting (NAICS code 114111),
are independently owned or operated, are not dominant in their field of
operation, and have annual gross receipts not in excess of $11 million.
Even though this proposed action would apply to a substantial number of
vessels, the implementation of this action would not result in
significant adverse economic impact to individual vessels.
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. There does not appear to be disproportionate adverse
economic impacts from the proposed rule based on home port, gear type,
or relative vessel size. The proposed rule will not place a substantial
number of small entities, or any segment of small entities, at a
significant competitive disadvantage to large entities. As a result, an
initial regulatory flexibility analysis is not required and none has
been prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR 665
Administrative practice and procedure, Bottomfish, Guam, Fisheries,
Fishing, Mariana, Pacific Islands.
Authority: 16 U.S.C. 1801, et seq.
Dated: November 19, 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. In Sec. 665.405, add paragraphs (g) and (h) to read as follows:
Sec. 665.405 Prohibitions
* * * * *
(g) Fish for or possess any Mariana Bottomfish MUS as defined in
Sec. 665.401 in the Guam Management Subarea after a closure of the
fishery in violation of Sec. 665.409(d).
(h) Sell or offer for sale any Mariana Bottomfish MUS as defined in
Sec. 665.401 in the Guam Management Subarea after a closure of the
fishery in violation of Sec. 665.409(e)
0
3. Revise Sec. 665.408 to read as follows:
Sec. 665.408 CNMI Annual Catch Limits (ACL) and Annual Catch Targets
(ACT).
(a) In accordance with Sec. 665.4, the ACL and ACT for Mariana
bottomfish MUS in the CNMI Management Subarea for each fishing year is
as follows:
Table 1 to Paragraph (a)
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2021 2022 2023
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ACL (lb)........................................................ 84,000 84,000 84,000
ACT (lb)........................................................ 78,000 78,000 78,000
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(b) If the average catch of the three most recent years exceeds the
specified ACL in a fishing year, the Regional Administrator will reduce
the ACL and the ACT for the subsequent year by the amount of the
overage in a separate rulemaking.
0
4. Add Sec. 665.409 to read as follows:
Sec. 665.409 Guam Annual Catch Limits (ACL).
(a) In accordance with Sec. 665.4, the ACL for Mariana bottomfish
MUS in the Guam Management Subarea is 31,000 lb.
[[Page 67429]]
(b) When NMFS projects the ACL will be reached, the Regional
Administrator shall publish a document to that effect in the Federal
Register and shall use other means to notify permit holders. The
document will include an advisement that the fishery will be closed,
beginning at a specified date that is not earlier than seven days after
the date of filing the closure notice for public inspection at the
Office of the Federal Register, through the end of the fishing year in
which the catch limit is reached.
(c) If the ACL is exceeded in any fishing year, the Regional
Administrator shall publish a document to that effect in the Federal
Register and shall use 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. The fishery will remain closed until
such time that a coordinated approach to management is developed and
regulations are implemented that ensures catch in both Federal and
territorial waters can be maintained at levels that allow the stock to
rebuild or the rebuilding plan is modified based on the best scientific
information available.
(d) On and after the date the fishery is closed as specified in
paragraphs (b) or (c) of this section, fishing for and possession of
Mariana bottomfish MUS is prohibited in the Guam Management Subarea,
except as otherwise authorized by law.
(e) On and after the date the fishery is closed as specified in
paragraphs (b) or (c) of this section, sale, offering for sale, and
purchase of any Mariana bottomfish MUS caught in the Guam Management
Subarea is prohibited.
[FR Doc. 2021-25737 Filed 11-24-21; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on November 26, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.