Rule2026-07706
Pacific Island Fisheries; Annual Catch Limit and Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish for Fishing Years 2025-2026 and 2026-2027
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
April 21, 2026
Effective
May 21, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In this final rule, NMFS implements an annual catch limit (ACL) of 493,000 pounds (lb) (223,621 kilograms (kg)) of Deep 7 bottomfish in the main Hawaiian Islands (MHI) for fishing years 2025- 2026 and 2026-2027. The fishing year begins on September 1 and ends on August 31 of the following year. This rule maintains current accountability measures (AM) requiring the fishery to close for the remainder of the fishing year if the ACL is reached, and a reduction in the following year's ACL if it is exceeded. This final rule supports the long-term sustainability of the Deep 7 bottomfish fishery.
Full Text
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<title>Federal Register, Volume 91 Issue 76 (Tuesday, April 21, 2026)</title>
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[Federal Register Volume 91, Number 76 (Tuesday, April 21, 2026)]
[Rules and Regulations]
[Pages 21265-21267]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07706]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 260415-0102]
RIN 0648-BN20
Pacific Island Fisheries; Annual Catch Limit and Accountability
Measures; Main Hawaiian Islands Deep 7 Bottomfish for Fishing Years
2025-2026 and 2026-2027
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: In this final rule, NMFS implements an annual catch limit
(ACL) of 493,000 pounds (lb) (223,621 kilograms (kg)) of Deep 7
bottomfish in the main Hawaiian Islands (MHI) for fishing years 2025-
2026 and 2026-2027. The fishing year begins on September 1 and ends on
August 31 of the following year. This rule maintains current
accountability measures (AM) requiring the fishery to close for the
remainder of the fishing year if the ACL is reached, and a reduction in
the following year's ACL if it is exceeded. This final rule supports
the long-term sustainability of the Deep 7 bottomfish fishery.
DATES: The final rule is effective May 21, 2026.
ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawai'i
Archipelago (FEP) are available from the Western Pacific Fishery
Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI
96813, tel. 808-522-8220, fax 808-522-8226, or <a href="https://www.wpcouncil.org">https://www.wpcouncil.org</a>.
Copies of the environmental analyses and other supporting documents
for this action are available from <a href="https://www.regulations.gov/docket/NOAA-NMFS-2024-0090">https://www.regulations.gov/docket/NOAA-NMFS-2024-0090</a>, or from Sarah J. Malloy, Regional Administrator,
NMFS Pacific Islands Regional Office (PIRO), 1845 Wasp Blvd. Bldg. 176,
Honolulu, HI 96818.
FOR FURTHER INFORMATION CONTACT: David O'Brien, NMFS PIRO Sustainable
Fisheries, 808-725-5038.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Deep 7
bottomfish fishery in Federal waters around Hawai'i under the 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 implements this final rule pursuant to 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 its 200th meeting in September 2024, NMFS implements an ACL
of 493,000 lb (223,621 kg) for fishing years 2025-2026 and 2026-2027
and retains the current AMs (50 CFR 665.211). The proposed rule,
published on September 4, 2025 (90 FR 42734), also included an ACL of
493,000 lbs (223,621 kg) for fishing year 2024-2025; however, because
that fishing year has ended, that ACL is not included in the final
rule. The best information available on fishery performance indicates
154,167 lb (69,929 kg) of Deep 7 bottomfish were caught in the 2024-
2025 fishing year, which is approximately 31 percent of the proposed
ACL. The Council recommended the 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. Because the Deep 7 bottomfish catch for 2024-
2025 was considerably less than the proposed ACL, the risk of
overfishing has not increased. Therefore, the information on which the
Council based its initial recommendation remains valid, so there are no
other changes to the analysis or to the proposed ACLs for fishing years
2025-2026 or 2026-2027.
By setting ACLs and maintaining current AMs, this rule ensures
continued sustainable management of the MHI Deep 7 bottomfish fishery
through 2027. The rule revises the ACL based on updated stock
assessment information, and is consistent with the FEP and regulations
at 50 CFR 665.4 requiring specification of annual catch limits. NMFS is
taking this action in response to Council recommendations made at their
200th meeting in September 2024. The Council made their recommendations
after considering the latest stock assessment information as well as
the social, ecological, economic, and management needs and
uncertainties in the fishery. You may find additional background
information on this action in the preamble to the proposed rule.
As with the proposed rule, although not part of the action, the
regulatory text in this final rule includes the ACTs and ACLs for the
uku fishery because those specifications are part of the same table
that includes the ACLs for the Deep 7 bottomfish. Therefore, the uku
ACTs and ACLs are included in this final rule but remain unchanged from
those set by a previous final rule published on March 28, 2022 (87 FR
17195) (with a clerical correction to that final rule published on
December 23, 2022 (87 FR 78876)). Updates to ACLs and ACTs for future
fishing years for the uku fishery will be addressed in a separate
action.
Comments and Responses
On September 4, 2025, NMFS published a proposed rule, Supplemental
Environmental Assessment, and Regulatory Impact Review for public
comment (90 FR 42734). The comment period ended on October 6, 2025.
NMFS received ten
[[Page 21266]]
comments on the proposed rule from members of the general public. NMFS
did not receive any comments from fishery management agencies, non-
governmental organizations, or from individuals who identified
themselves as fishery participants. We summarize the comments that
relate directly to this action, group similar comments together, and
respond below.
Comment 1: Eight commenters supported the proposed rule, including
the proposed ACL and AMs, and expressed support for the science-based
fishery management process used to recommend the ACL through the
Council. Commenters noted that the ACL system and associated AMs
provide a balanced and equitable approach to support conservation and
economic sustainability across fishery participants.
Response: For the reasons set out in the proposed rule (90 FR
42734), we agree with the commentors.
Comment 2: Two commenters did not support the proposed rule and
suggested that a 39 percent risk of overfishing was too high or creates
a greater risk of overfishing. These two commenters suggested that the
ACL should be reduced to ensure a lower risk of overfishing.
Response: NMFS, in alignment with recommendations made by the
Council, manages this and all federal fisheries sustainably and in
accordance with the Magnuson-Stevens Act, the FEP, and implementing
regulations. We disagree that a lower risk of overfishing is necessary.
National Standard 1 of the Magnuson-Stevens Act directs NMFS and the
fishery councils to manage stocks for ``optimum yield,'' which is the
amount of fish that provides the greatest overall benefit to the
nation. Optimum yield takes into account food production and the
protection of marine ecosystems and is based on maximum sustainable
yield (MSY), as reduced by any relevant economic, social, or ecological
factors. Through a public stakeholder-driven process described in the
FEP, the Council and advisory bodies evaluated scientific uncertainty
and relevant economic, social, or ecological factors and management
needs and uncertainties, and determined that a 39 percent risk of
overfishing provided an appropriate level of protection for the stock
while not unduly limiting catch available to the fishery and associated
communities. This is more conservative than the 50 percent OFL and is
also lower than the 40 percent risk of overfishing associated with the
previous ACL for this fishery. The Deep 7 stock complex is currently
very healthy with a biomass more than double the overfished threshold,
and there is only a 1 percent probability that the stock complex is
currently overfished given the most recent stock assessment. Even if
the fishery caught the entire 493,000 lb (223,621 kg) ACL through the
remainder of the 2025-2026 fishing year or in the 2026-2027 fishing
year, the probability that the stock would become overfished is only 4
percent. For these reasons, we did not consider adjusting the ACL based
on the recommendations of these two commentors.
Changes From the Proposed Rule
This final rule contains one change from the proposed rule. The
proposed rule included ACLs for fishing years 2024-2025, 2025-2026, and
2026-2027. However, because the 2024-2025 year has ended, the ACL
proposed for that year is not included in this final rule.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens 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.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This rule is exempt from the requirements of E.O. 14192 because it
is a routine fishing action.
A Tribal summary impact statement under section (5)(b)(2)(B) and
section (5)(c)(2)(B) of E.O. 13175 was not required for this final rule
because this action does not impose substantial direct compliance costs
on Indian Tribal Governments. A Tribal summary impact statement is not
required and has not been prepared.
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. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
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, Bottomfish, Fishing,
Hawaii, Pacific Islands, Western Pacific.
Dated: April 16, 2026.
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 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 Limits (ACL) and Annual Catch Targets
(ACT).
(a) In accordance with Sec. 665.4, the ACLs and ACTs for MHI
bottomfish fishery for each fishing year are as follows:
Table 1 to Paragraph (a)
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2025-26 2026-27
Fishery ACL (lb) ACL (lb)
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Deep 7 bottomfish............................... 493,000 493,000
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Table 2 to Paragraph (a)
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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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[[Page 21267]]
Table 3 to Paragraph (a)
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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. 2026-07706 Filed 4-20-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 21, 2026.
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