Proposed Rule2025-16934
Pacific Island Fisheries; Annual Catch Limit and Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish for Fishing Years 2024-2025, 2025-2026, and 2026-2027
Primary source
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Published
September 4, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to implement an annual catch limit (ACL) for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for fishing years 2024-2025, 2025-2026, and 2026-2027. The fishing year for the fishery begins on September 1 and ends on August 31 of the following year. This rule does not revise, add, or remove the current accountability measures (AM). The proposed rule supports the long-term sustainability of the Deep 7 bottomfish fishery.
Full Text
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<title>Federal Register, Volume 90 Issue 169 (Thursday, September 4, 2025)</title>
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[Federal Register Volume 90, Number 169 (Thursday, September 4, 2025)]
[Proposed Rules]
[Pages 42734-42736]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16934]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 250828-0148]
RIN 0648-BN20
Pacific Island Fisheries; Annual Catch Limit and Accountability
Measures; Main Hawaiian Islands Deep 7 Bottomfish for Fishing Years
2024-2025, 2025-2026, and 2026-2027
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 an annual catch limit (ACL) for
Deep 7 bottomfish in the main Hawaiian Islands (MHI) for fishing years
2024-2025, 2025-2026, and 2026-2027. The fishing year for the fishery
begins on September 1 and ends on August 31 of the following year. This
rule does not revise, add, or remove the current accountability
measures (AM). The proposed rule supports the long-term sustainability
of the Deep 7 bottomfish fishery.
DATES: NMFS must receive comments by October 6, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at: <a href="https://www.regulations.gov/docket/NOAA-NMFS-2024-0090">https://www.regulations.gov/docket/NOAA-NMFS-2024-0090</a>. You may
submit comments on the proposed rule, identified by NOAA-NMFS-2024-
0090, by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2024-0090 in the Search box,
Click the ``Comment'' icon, complete the required fields, and enter or
attach your comments.
<bullet> Mail: Submit written comments to Sarah Malloy, Regional
Administrator,
[[Page 42735]]
NMFS Pacific Islands Regional Office (PIRO), 1845 Wasp Blvd. Bldg. 176,
Honolulu, HI 96818.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://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).
NMFS prepared an environmental assessment and draft supplemental
environmental assessment that describe the potential impacts on the
human environment that could result from the proposed action. The
assessments, a regulatory impact review, and other supporting documents
are available at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Pua Borges, NMFS PIRO Sustainable
Fisheries, 808-725-5813.
SUPPLEMENTARY INFORMATION: NMFS and the Western Pacific Fishery
Management Council (Council) manage the Deep 7 bottomfish fishery in
Federal waters around Hawaii under the Fishery Ecosystem Plan for the
Hawaii Archipelago (FEP), as authorized by the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). Implementing
regulations at 50 CFR 665.4 require NMFS to specify an ACL for MHI Deep
7 bottomfish each fishing year based on a recommendation from the
Council. The fishing year for MHI Deep 7 bottomfish begins on September
1 and ends on August 31 of the following year. The Deep 7 bottomfish
are lehi (Aphareus rutilans), ehu (Etelis carbunculus), onaga (E.
coruscans), hapuupuu (Hyporthodus quernus), opakapaka (Pristipomoides
filamentosus), kalekale (P. sieboldii), and gindai (P. zonatus).
NMFS proposes this action under section 303(c) and section 304(b)
of the Magnuson-Stevens Act. Consistent with a recommendation for the
MHI Deep 7 bottomfish fishery made by the Council at their 200th
meeting in October 2025, NMFS proposes to implement a new ACL of
493,000 pounds (lb) (223,621 kilograms (kg)) for fishing years 2024-
2025, 2025-2026, and 2026-2027 and retain the current AMs (50 CFR
665.211). The Council recommended the proposed ACL based on a 2024
benchmark stock assessment, and in consideration of the risk of
overfishing, past fishery performance, and the acceptable biological
catch recommendation from its Scientific and Statistical Committee,
with opportunity for input from the public.
The 2024 stock assessment estimated the overfishing limit for the
MHI Deep 7 bottomfish stock complex to be 545,000 lb (247,208 kg),
assuming 3 years of identical catch in fishing years 2024-2025, 2025-
2026, and 2026-2027. The proposed ACL would increase by only 0.2
percent from the 492,000 lb (223,167 kg) ACL that NMFS specified the
previous 3 years (84 FR 29394, June 24, 2021). The proposed ACL is
associated with up to a 39 percent probability of overfishing for each
proposed fishing year, which is more conservative than the 40 percent
probability associated with the previous ACL and the 50 percent risk
threshold allowed under NMFS guidelines for National Standard 1 of the
Magnuson-Stevens Act.
NMFS monitors Deep 7 bottomfish catches based on data provided by
commercial fishermen to the State of Hawaii and non-commercial
fishermen to NMFS. This proposed rule would not revise, add, or remove
any of the current AMs, in alignment with the Council's recommendation.
A current in-season AM requires NMFS to close commercial and non-
commercial fishing for MHI Deep 7 bottomfish in Federal waters for the
remainder of the fishing year if it projects that the catch will reach
the ACL. Additionally, a current post-season AM requires NMFS to reduce
the ACL for the subsequent fishing year by the amount of the overage
through a subsequent rulemaking if it determines that the final MHI
Deep 7 bottomfish catch exceeds the ACL in any given year.
The fishery has not reached the proposed limit in any year since
1989, and NMFS does not anticipate that the fishery will attain the
limit in any fishing year under this proposed rule. NMFS does not
expect this proposed rule to result in a change in fishing operations,
or other changes to the conduct of the fishery that would result in
significant environmental impacts.
NMFS will consider public comments on this proposed rule and will
announce the final rule in the Federal Register. The comment period
will extend for 30 days from the publication date in the Federal
Register, pursuant to section 304(b) of the Magnuson-Stevens Act (16
U.S.C. 1854(b)(1)(A)). NMFS must receive any comments by the date
provided in the DATES heading, not postmarked or otherwise transmitted
by that date. Regardless of the final rule, all other management
measures will continue to apply in the fishery.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule 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 contains no information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is not an Executive Order 14192 regulatory
action because this rule is not significant under 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.
NMFS proposes to implement an ACL of 493,000 lb (223,621 kg) for
MHI Deep 7 bottomfish, as recommended by the Western Pacific Fishery
Management Council, for each fishing year 2024-2025, 2025-2026, and
2026-2027. Each fishing year begins on September 1 and ends on August
31 of the following year. NMFS monitors MHI Deep 7 bottomfish catch
based on data provided by commercial fishermen to the State of Hawaii
and non-commercial fishermen to NMFS. The AMs for fishing years 2024-
2025, 2025-2026, and 2026-2027 would remain the same as the AMs that
are currently in place. If NMFS projects that the fishery will reach
this limit in any fishing year, NMFS would close commercial and non-
commercial fishing for MHI Deep 7 bottomfish in Federal waters for the
remainder of that fishing year as an in-season AM. As a post-season AM,
if the catch exceeds the ACL in a fishing year, NMFS will reduce the
ACL of the next fishing year by the amount of the overage. The proposed
ACL only increases the ACL implemented annually since the 2018-2019
fishing year (492,000 lb) (223,167 kg) by 0.2 percent. The proposed ACL
is greater than the highest reported annual landings over the past
eight fishing seasons by more than 180,000 lb (81,647 kg). Therefore,
NMFS does not expect that the fishery will reach the ACL during any of
the next 3 fishing years.
[[Page 42736]]
This rule would affect commercial and non-commercial fishermen who
catch MHI Deep 7 bottomfish. A 2023 Pacific Island Fisheries Science
Center (PIFSC) report, based on data from fishery participants who
voluntarily responded to a survey, indicated that an average of
approximately 23 percent of individual commercial participants' overall
income is attributed to MHI Deep 7 bottomfish. For Regulatory
Flexibility Act (RFA) purposes only, NMFS has established a small
business size standard for businesses, including their affiliates,
whose primary industry is commercial fishing (50 CFR 200.2). A business
primarily engaged in commercial finfish fishing (NAICS code 114111) is
classified as a small entity 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 affected entities (i.e., vessels in the
commercial and non-commercial sectors of the MHI Deep 7 bottomfish
fishery) are small entities under the NMFS standard, as they are
engaged in the business of fish harvesting, independently owned or
operated, not dominant in their field of operation, and have annual
gross receipts not in excess of $11 million. Therefore, there would be
no disproportionate economic impacts between large and small entities.
Furthermore, there would be no disproportionate economic impacts among
the universe of vessels based on gear, home port, or vessel length.
During the 2022-2023 fishing year, 359 fishermen reported catching
197,158 lb (89,429 kg) of MHI Deep 7 bottomfish, which is consistent
with catch and participation in recent years. Price per pound for Deep
7 bottomfish in 2022-2023 averaged $10.11 ($22.05/kg) with 91 percent
of catch sold. Assuming that the fishery attains the proposed ACL of
493,000 lb (223,621 kg), and using the 2022-2023 average price of
$10.11/lb, NMFS expects the potential annual fleet-wide revenue during
each of the 2024-2025, 2025-2026 and 2026-2027 fishing years to be
approximately $4,535,649 under the assumption that 91 percent of catch
is sold. If this revenue (91 percent of the proposed ACL sold at the
2022-2023 average price) was earned equally by 359 participants (the
number of fishermen in 2022-2023), the revenue per fisherman would be
$12,634, which is well below the $11 million threshold.
Even though this proposed rule would apply to a substantial number
of vessels, (i.e., 100 percent of the bottomfish fleet) NMFS does not
expect this rule to have a significantly adverse economic impact on
individual vessels because it is unlikely that the ACL will be reached
over the next three fishing seasons. The proposed rule would not impose
additional reporting or record-keeping requirements on small entities.
The proposed rule does not duplicate, overlap, or conflict with other
Federal rules, and it is not expected to have a significant impact on
small entities, organizations or government jurisdictions. There does
not appear to be disproportionate 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.
List of Subjects in 50 CFR Part 665
Accountability measures, Annual catch limits, Bottomfish, Fishing,
Hawaii, Pacific Islands, Western Pacific.
Dated: August 28, 2025.
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. 665.211, revise paragraph (a) to read as follows:
Sec. 665.211 Annual Catch Limit (ACL).
(a) In accordance with Sec. 665.4, the ACLs for MHI bottomfish
fishery for each fishing year are as follows:
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Fishery 2024-25 ACL (lb) 2025-26 ACL (lb) 2026-27 ACL (lb)
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Deep 7 bottomfish......................................... 493,000 493,000 493,000
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Fishery 2022 ACL (lb) 2023 ACL (lb) 2024 ACL (lb) 2025 ACL (lb)
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Uku..................................... 295,419 295,419 295,419 295,419
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Fishery 2022 ACT (lb) 2023 ACT (lb) 2024 ACT (lb) 2025 ACT (lb)
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Uku..................................... 291,010 291,010 291,010 291,010
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[FR Doc. 2025-16934 Filed 9-3-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 4, 2025.
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