Proposed Rule2022-02350
Pacific Island Fisheries; Rebuilding Plan for the American Samoa Bottomfish Fishery
Primary source
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Published
February 4, 2022
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 American Samoa. This action is necessary to end overfishing and 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 87 Issue 24 (Friday, February 4, 2022)</title>
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[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Proposed Rules]
[Pages 6479-6482]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02350]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 20131-0037]
RIN 0648-BK79
Pacific Island Fisheries; Rebuilding Plan for the American Samoa
Bottomfish Fishery
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 American Samoa. This action is
necessary to end overfishing and 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 March 21, 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 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 will generally be posted 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 5 to the Fishery Ecosystem Plan for the American Samoa
Archipelago (FEP), which includes a draft environmental assessment (EA)
and Regulatory Impact Review. Copies of Amendment 5 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: Heather Cronin, NMFS PIR Sustainable
Fisheries, 808-725-5179.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the American
Samoa bottomfish fishery under the FEP and implementing regulations.
The fishery primarily targets and harvests a complex of 11 bottomfish
management unit species (BMUS), which includes emperors, snappers,
groupers, and jacks. Bottomfish are typically harvested in deep waters,
though some species are caught over reefs at shallower depths. Most (85
percent) 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. Fishing for bottomfish in American Samoa primarily occurs within
20 mi (32.2 km) from shore using aluminum catamarans less than 32 ft
(9.7 m) long, known locally as alia.
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. Bottomfish fishermen in
American Samoa are not required to obtain a Federal permit to fish for
BMUS or to report their BMUS catch to NMFS. The American Samoa
Department of Marine and Wildlife Resources collects fishery catch
information from fishermen through voluntary creel surveys, and
commercial sales data from the mandatory commercial receipt book
program. There are no territorial permitting requirements to fish for
bottomfish in territorial waters.
The fishery is relatively small, with fewer than 20 participants in
the fishery (86 FR 3028, January 14, 2021), 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
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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 American
Samoa bottomfish stock complex was overfished and subject to
overfishing (85 FR 26940, May 6, 2020). 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 stock complex's
biomass to a level that is capable of producing maximum sustainable
yield (B<INF>MSY</INF>). 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 5 would implement a rebuilding plan for the
American Samoa bottomfish stock complex that consists of an ACL and two
AMs. We would set the ACL 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. 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 5; see the Notice of Availability (NOA) published on
Date (FR citation). NMFS must receive comments on the NOA by Date. NMFS
may not consider any comments not postmarked or otherwise transmitted
by that date. NMFS will consider comments on both the NOA and this
proposed rule in our decision to approve, disapprove, or partially
approve Amendment 5. NMFS specifically invites public comments that
address the impact of the proposed rule and Amendment 5 on cultural
fishing in American Samoa.
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 American Samoa bottomfish fishery is primarily a non-commercial
fishery and is relatively small, with fewer than 20 participants, many
of whom also participate in other fisheries such as troll and small-
scale longline. Since 2011, percent of catch sold ranged from 2.9
percent in 2011 to 15.4 percent in 2014. In 2020, fishermen sold 3.2
percent of bottomfish catch. Fishing for bottomfish primarily occurs
using aluminum alia catamarans less than 32 ft (9.7 m) in length that
are outfitted with outboard engines and wooden hand reels that
fishermen use for both trolling and bottomfish fishing. The demand for
bottomfish on American Samoa varies depending on the need for fish at
community events, and alia fishermen may switch to bottomfish fishing
during periods when target longline catches or prices are low. Between
2018 and 2020, the bottomfish catch averaged 12,587 lb (5,709 kg) with
7.2 percent sold, with remaining catch likely to be non-commercial
catch, kept for personal consumption or shared within the community. In
2020, the most recent year for which catch data are available, the
total estimated annual catch of American Samoa BMUS was 9,592 lb (4,350
kg), with commercial catch an estimated 307 lb (139 kg). Using the
average bottomfish price in 2020 of $3.48/lb ($7.67/kg), 2020
bottomfish revenue is estimated to be $1,067. However, the 2020 price
for bottomfish was lower than the average prices for 2017 ($5.11), 2018
($4.25), 2019 ($4.24). Using the most recent 3-year average catch of
bottomfish (12,587 lb or 5,709 kg) and the 2020 bottomfish price per
pound ($3.48/lb or $7.67/kg), NMFS estimates the expected annual total
revenue of the fishery to be $3,179. Under this scenario, the expected
annual revenue for each of the 20 participants of this fishery from
commercial bottomfish catch is $159. If NMFS were to apply a higher
price to the analyses, estimated revenues and revenue losses would be
higher.
Under the proposed action, with an ACL of 5,000 lb (2,269 kg) and
an in-season AM to close Federal waters upon reaching the ACL for the
bottomfish fishery in American Samoa, NMFS expects the fishery to
exceed the ACL within the first half of the year. The reduction in
catch because of this action could be offset if fishing effort in
Federal waters relocates to territorial waters (assuming that the
American Samoa government does not implement complementary measures in
territorial waters). Without complementary
[[Page 6481]]
management in place, NMFS expects the fishery to land 11,534 lb (5,231
kg) or more in 2022, which would exceed the ACL. As a result, Federal
waters would close. However, even after a closure of Federal waters,
NMFS expects the fishery to land 10,784 lb (4,891 kg) or more from
territorial waters. The expected catch would depend on the level of
fishing activity transferring to territorial waters, once the in-season
closure occurs. If all fishing effort that would have been conducted in
Federal waters moves to territorial waters, catch could be closer to
levels when the fishery had not been constrained by a limit. However,
if post-closure fishing effort in Federal waters does not move to
territorial waters, then implementing the proposed action would result
in a potential reduction of 1,153 lb (523 kg) in catch in 2022 and
1,903 lb (863 kg) for every subsequent years of the rebuilding plan
compared to the status quo. The estimated fleetwide bottomfish revenue
during the first year of implementing the rebuilding plan could be as
low as $2,888. Under this scenario, the 20 participants would earn
approximately $144 each. For subsequent years, fleetwide revenue could
be as low as $2,702 ($135 per participant). These would represent
reduction in bottomfish revenue of $15 in 2022 and $24 for subsequent
years, compared to the status quo. 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 are likely to 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 American Samoa government implemented a complementary
closure in territorial waters with expected fleetwide catch of 5,000 lb
the first year (2,269 kg) and no bottomfish catch during subsequent
years until a coordinated management approach is developed that ensures
catch in both Federal and territorial waters can be maintained at
levels that allow the stock to rebuild. While limiting total bottomfish
catches annually may result in short-term economic impacts to fishery
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, American Samoa, Bottomfish,
Fisheries, Fishing, Pacific Islands.
(Authority: 16 U.S.C. 1801 et seq.)
Dated: January 31, 2022.
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. Revise Sec. 665.103 to read as follows:
Sec. 665.103 Prohibitions.
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:
(a) Fish for American Samoa bottomfish MUS or ECS using gear
prohibited under Sec. 665.104.
(b) Fish for or possess any American Samoa Bottomfish MUS as
defined in Sec. 665.101 after a closure of the fishery in violation of
Sec. 665.106.
(c) Sell or offer for sale any American Samoa Bottomfish MUS as
defined in Sec. 665.101 after a closure of the fishery in violation of
Sec. 665.106.
0
3. Add Sec. 665.106 to read as follows:
Sec. 665.106 American Samoa Annual Catch Limits (ACL).
(a) In accordance with Sec. 665.4, the ACL for American Samoa
bottomfish MUS is 5,000 lb.
(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 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
American Samoa
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bottomfish MUS is prohibited in the American Samoa fishery management
area, 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, the sale, offering for sale, and
purchase of any American Samoa bottomfish MUS caught in the American
Samoa fishery management area is prohibited.
[FR Doc. 2022-02350 Filed 2-3-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 4, 2022.
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.