Rule2022-03517
Pacific Island Fisheries; Rebuilding Plan for Guam 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
February 18, 2022
Effective
March 21, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule implements 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 87 Issue 34 (Friday, February 18, 2022)</title>
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[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Rules and Regulations]
[Pages 9271-9273]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03517]
[[Page 9271]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 220214-0047]
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: Final rule.
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SUMMARY: This final rule implements 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: The final rule is effective March 21, 2022.
ADDRESSES: Copies of Amendment 6, including an Environmental Assessment
and Regulatory Impact Review, and other supporting documents for this
action are available at <a href="https://www.regulations.gov/document/NOAA-NMFS-2021-0104">https://www.regulations.gov/document/NOAA-NMFS-2021-0104</a>.
FOR FURTHER INFORMATION CONTACT: Keith Kamikawa, NMFS Pacific Islands
Regional Office, Sustainable Fisheries, 808-725-5177.
SUPPLEMENTARY INFORMATION: NMFS and the Western Pacific Fishery
Management Council (Council) manage the Guam bottomfish fishery under
the Fishery Ecosystem Plan for the Mariana Archipelago (FEP) and
implementing regulations. The Guam fishery harvests 13 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.
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). 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.
Amendment 6 implements a rebuilding plan for the Guam bottomfish
stock complex that consists of an ACL and two AMs. We will 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 will 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. 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.
You may find additional background information on this action in
the preamble to the proposed rule (86 FR 67426, November 26, 2021).
Comments and Responses
On November 15, 2021, NMFS published a notice of availability (NOA)
for Amendment 6 and requested public comments (86 FR 62982). The
comment period ended January 14, 2022, and no comments were received.
On November 26, 2021, NMFS published the proposed rule and again
requested public comments (86 FR 67426). That comment period ended
January 10, 2022. NMFS received comments from five individuals and
responds below.
Comment 1: The plan promotes rebuilding of the Guam bottomfish
stock complex, which also benefits the communities that rely on this
fishery. The plan acknowledges the dietary and cultural importance of
the stock while also considering the cultural importance of the fishery
and the financial impact of the proposed action.
Response: We agree.
Comment 2: If individual fishermen begin to experience significant
adverse economic effects, would NMFS lower the standards or provide
relief to these fishermen?
Response: The Council and NMFS selected this rebuilding plan
because it rebuilds the stock complex while minimizing negative socio-
economic impacts to the fishing community. In the past 10 years, catch
has only exceeded the proposed ACL twice. Limiting total bottomfish
catches annually as proposed is expected to increase stock biomass,
providing long-term benefits to fishery participants. NMFS will
evaluate the progress of the rebuilding plan, including all
environmental and socioeconomic effects, at least every two years, as
required by the Magnuson-Stevens Act, and work with the Council to
revise the rebuilding plan if necessary.
Comment 3: The proposed rebuilding plan does not impose too large
of an impact on the people of Guam, it restores the bottomfish stock,
and is scientifically supported. There should be mandatory reporting of
catch to help enforce against overfishing.
Response: We require large vessels (>50 ft, >15.2 m) that fish in
Federal waters to hold a Federal permit and report their catch (50 CFR
665.404(a)); however, there are no current Federal permit holders.
Small vessels (<50 ft, <15.2 m) are predominantly fishing in
territorial waters and do not require a Federal permit to fish in
Federal waters and are not required to report their catch to NMFS. The
Guam Division of Aquatic and Wildlife Resources (DAWR) collects and
provides NMFS with fishery catch information through voluntary
fishermen surveys, and voluntary commercial sales data from its
commercial receipt book program. The Council and NMFS continue to
monitor catches through these systems to track catch toward the ACL and
implement AMs if necessary. The Council considered requiring mandatory
reporting alongside bag limits in Federal waters as an element of this
rebuilding plan, but decided not to pursue this option because it would
require substantial administrative resources and effort from NMFS to
develop a reporting system, additional resources and effort
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from the NOAA Office of Law Enforcement and the U.S. Coast Guard to
enforce these requirements, and could result in additional costs to
fishermen in terms of increased time dedicated to accurately report
catch (see Environmental Assessment Section 2.8.3). The implementation
of a permitting program or additional monitoring measures for
territorial waters is at the discretion of DAWR. See also response to
Comment 1.
Comment 4: Support the proposed rebuilding plan. Regulators should
work closely with Guam fishing communities, improve data collection to
distinguish catch from territorial versus Federal waters, and
coordinate territorial and Federal management.
Response: We agree and value community input. The community
participates in decision-making processes through Council advisory
panels, its Council representatives, public input during Council
deliberations, and through public comment periods during NMFS
rulemaking processes. NMFS and the Council work closely with the Guam
Government through its Council members and its representatives on the
Council Scientific and Statistical Committee and other Council advisory
bodies.
Comment 5: By implementing annual catch limits and accountability
measures, this rebuilding plan secures environmental and economic
security for all of its stakeholders and will result in continued and
sustained prosperity of fishers. NMFS should incentivize community
participation in the decision making process.
Response: We agree, value community input, and will continue to
encourage community participation in the several ways noted above.
Changes From the Proposed Rule
This final rule does not make any substantive changes from the
proposed rule.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Fishery and
Conservation 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 did not receive any
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, Bottomfishing,
Fisheries, Fishing, Guam, Pacific Islands, Rebuilding.
Dated: February 14, 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. 665.405, 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.
(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)
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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. 2022-03517 Filed 2-17-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 18, 2022.
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