Proposed Rule2022-01189
Pacific Island Fisheries; Amendment 5 to the Fishery Ecosystem Plan for the American Samoa Archipelago; American Samoa Bottomfish Fishery Rebuilding Plan
Primary source
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Published
January 21, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces that the Western Pacific Fishery Management Council (Council) proposes to amend the Fishery Ecosystem Plan for the American Samoa Archipelago (FEP). If approved, Amendment 5 would establish a rebuilding plan for the American Samoa bottomfish stock complex. The Council recommended Amendment 5 to rebuild the bottomfish stock, which is overfished and experiencing overfishing.
Full Text
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<title>Federal Register, Volume 87 Issue 14 (Friday, January 21, 2022)</title>
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[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Proposed Rules]
[Pages 3276-3277]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01189]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
RIN 0648-BK79
Pacific Island Fisheries; Amendment 5 to the Fishery Ecosystem
Plan for the American Samoa Archipelago; American Samoa Bottomfish
Fishery Rebuilding Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of fishery ecosystem plan
amendment; request for comments.
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SUMMARY: NMFS announces that the Western Pacific Fishery Management
Council (Council) proposes to amend the Fishery Ecosystem Plan for the
American Samoa Archipelago (FEP). If approved, Amendment 5 would
establish a rebuilding plan for the American Samoa bottomfish stock
complex. The Council recommended Amendment 5 to rebuild the bottomfish
stock, which is overfished and experiencing overfishing.
DATES: NMFS must receive comments on Amendment 5 by March 22, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0006, by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2022-0006, in the Search box.
Click on 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.
<bullet> 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).
Amendment 5 includes a draft environmental assessment (EA) and
regulatory impact review (RIR) that analyzes the potential impacts of
the proposed action and alternatives considered. Copies of Amendment 5,
including the EA and RIR, and other supporting documents, are available
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or 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: Heather Cronin, Sustainable Fisheries,
NMFS PIR, 808-725-5179.
[[Page 3277]]
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the American
Samoa bottomfish fishery under the FEP and implementing regulations.
The Council and NMFS only have the authority to develop and implement
fishery management regulations in Federal waters, and the American
Samoa Government has the authority to implement fishery management
measures in territorial waters. The fishery primarily targets and
harvests 11 species of emperors, snappers, groupers, and jacks.
Bottomfish are typically harvested in deep waters, though some species
are caught over reefs at shallower depths. Fishing for bottomfish
primarily occurs within 20 miles from shore using aluminum catamarans
less than 32 feet (9.7 m) long, known locally as alia. There are fewer
than 20 participants in the fishery. Bottomfish fishermen in American
Samoa are not required to obtain a Federal permit to fish for
bottomfish management unit species (BMUS) or report their BMUS catch to
NMFS. American Samoa has a mandatory requirement for entities that sell
any seafood products (e.g., fish dealers, hotels, and restaurants) to
submit invoice reports to American Samoa Division of Marine and
Wildlife Resources. There are no territorial permitting requirements to
fish for bottomfish in territorial waters.
Currently, the fishery is relatively small and primarily non-
commercial, but it is still of importance to the local economy, and
from social, cultural, and food security standpoints. In the past 20
years, the estimated total catch has varied from a high of 42,301 lb
(19,187 kg) in 2001 to a low of 7,688 lb (3,487 kg) in 2012. The
average catch from 2018-2020 was 12,687 lb (5,755 kg), with 965 lb (438
kg) attributed to the commercial fishery and the 11,722 lb (5,317 kg)
attributed to the non-commercial sector. In 2020, the commercial price
was $3.48/lb ($7.67/kg) and the estimated fishery revenue was $4,018.
On February 10, 2020, NMFS notified the Council that the bottomfish
stock complex was overfished and subject to overfishing (85 FR 26940,
May 6, 2020). Consistent with section 304(e) of the Magnuson-Stevens
Fishery Conservation and Management 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. If approved,
Amendment 5 would implement a rebuilding plan for the American Samoa
bottomfish stock complex that consists of an annual catch limit (ACL)
and two accountability measures (AM). We would set the ACL to 5,000 lb
(2,268 kg) starting in 2022. Because NMFS is obligated to manage the
stock throughout its range, and the complex exists in both territorial
and Federal waters, we would count harvests from territorial and
Federal waters toward the ACL. Note, however, that existing data
collection programs do not differentiate catch from territorial versus
Federal waters. The fishing year is the calendar year.
As an in-season AM, if NMFS projects that the fishery will reach
the ACL in any year, then we would close the fishery in Federal waters
for the remainder of that year. At this time, the American Samoan
Government does not have regulations in place to implement a
complementary closure in territorial waters at the same time as a
Federal closure. Therefore, NMFS expects there could continue to be
fishing in territorial waters even after a closure of the bottomfish
fishery in Federal waters, and this could offset the potential
conservation benefits of restricting bottomfish harvest in Federal
waters. As an additional AM, if the total annual catch (which includes
catch from both Federal and territorial waters) exceeds the ACL during
a year, we would close the fishery in Federal waters until NMFS and the
Territory of American Samoa implement a coordinated management regime
to ensure that the catch in both Federal and territorial waters is
maintained at levels that allow the stock to rebuild. The rebuilding
plan would remain in place until NMFS determines that the stock complex
is rebuilt, which is expected to take 10 years if catches are
maintained at the specified level. NMFS and the Council would review
the rebuilding plan every two years and amend it, as necessary.
NMFS must receive comments on Amendment 5 by March 22, 2022 for
consideration in the decision to approve, partially approve, or
disapprove the amendment. Concurrent with our review of the amendment
under the Magnuson-Stevens Act procedures, NMFS expects to publish in
the Federal Register and request public comment on a proposed rule that
would implement the draft measures described in Amendment 5. NMFS
specifically invites public comments that address the impact of
Amendment 5 and the proposed rule on cultural fishing in American
Samoa.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 18, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-01189 Filed 1-20-22; 8:45 am]
BILLING CODE 3510-22-P
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