Proposed Rule2026-07919
Pacific Island Fisheries; Annual Catch Limit and Accountability Measures for Guam Bottomfish Management Unit Species
Primary source
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Published
April 23, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to modify the annual catch limit (ACL) and accountability measures (AM) for Mariana bottomfish management unit species (MUS) in Guam. The proposed rule would increase the ACL from 31,000 pounds (lb) (14,061 kilograms (kg)) to 34,500 lb (15,649 kg), replace the in-season AM with a post-season overage adjustment if average catch from the most recent 3 years exceeds the ACL, and remove the higher performance standard that closes the fishery in Federal waters for any overage. The proposed rule considers the best available scientific, commercial, and other information about the fishery, and supports rebuilding of the fishery.
Full Text
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<title>Federal Register, Volume 91 Issue 78 (Thursday, April 23, 2026)</title>
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[Federal Register Volume 91, Number 78 (Thursday, April 23, 2026)]
[Proposed Rules]
[Pages 21782-21784]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07919]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 260417-0104]
RIN 0648-BN73
Pacific Island Fisheries; Annual Catch Limit and Accountability
Measures for Guam Bottomfish Management Unit Species
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 modify the annual catch limit (ACL) and
accountability measures (AM) for Mariana bottomfish management unit
species (MUS) in Guam. The proposed rule would increase the ACL from
31,000 pounds (lb) (14,061 kilograms (kg)) to 34,500 lb (15,649 kg),
replace the in-season AM with a post-season overage adjustment if
average catch from the most recent 3 years exceeds the ACL, and remove
the higher performance standard that closes the fishery in Federal
waters for any overage. The proposed rule considers the best available
scientific, commercial, and other information about the fishery, and
supports rebuilding of the fishery.
DATES: NMFS must receive comments by May 26, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0504">https://www.regulations.gov/docket/NOAA-NMFS-2025-0504</a>. You may
submit comments on the proposed rule, identified by NOAA-NMFS-2025-
0504, 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-2025-0504 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, 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), 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 a draft environmental assessment (EA) that describes
the potential impacts on the human environment that could result from
the proposed action. The EA, 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: Keith Kamikawa, NMFS PIRO Sustainable
Fisheries, 808-725-5177.
SUPPLEMENTARY INFORMATION: NMFS and the Western Pacific Fishery
Management Council (Council) manage bottomfish fishing in Federal
waters around Guam in accordance with the Fishery Ecosystem Plan for
the Mariana Archipelago (FEP), as authorized by the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act). The
Guam bottomfish fishery targets 13 species of emperors, snappers,
groupers, and jacks that are classified as MUS. The fishery has been
subject to a rebuilding plan since 2022 (87 FR 9271, February 18,
2022). Regulations at 50 CFR 600.310(j)(3)(iv) require the Secretary of
Commerce to review rebuilding plans at least every two years to
determine whether the plan has resulted in adequate progress towards
ending overfishing and rebuilding the affected fish stock. An updated
stock assessment completed in 2024 by the NMFS Pacific Islands
Fisheries Science Center found that the Guam bottomfish stock, which
had been determined to be overfished but not experiencing overfishing
in 2020, was no longer overfished and continued to not experience
overfishing. However, while stock biomass had increased above the
``minimum stock size threshold'' for the overfished condition, it had
not increased to the biomass that would produce maximum sustainable
yield. This means the stock is not yet fully rebuilt, so NMFS and the
Council continue to manage the fishery under a rebuilding plan, with a
target time to rebuild of 2031.
The stock assessment update also found the stock was more
productive than previously estimated, and new projections showed the
stock could support moderately larger catches and still rebuild by
2031. The Council recommended the proposed action at its
[[Page 21783]]
201st meeting in December 2024, based on the 2024 stock assessment
update for Guam bottomfish; in consideration of the best scientific,
commercial and other information about the fishery; review from the
Council's Scientific and Statistical Committee (SSC); and input from
the public. Accordingly, NMFS proposes this action under section 303(c)
and section 304(b) of the Magnuson-Stevens Act.
The proposed ACL of 34,500 lb (15,649 kg) is 3,500 lb (1,588 kg)
(~11 percent) higher than the ACL set when the rebuilding plan was
originally implemented in 2022. As the stock is currently rebuilding,
but not yet rebuilt, this increase in ACL would still allow the stock
to rebuild by 2031. The proposed action will remove the in-season AM
that would close the fishery in Federal waters if NMFS projects catch
will reach the ACL, because NMFS and the Council found that available
data systems do not allow for accurate in-season tracking and
projections. The proposed rule would implement a post-season AM in
place of the in-season AM. Under the post-season AM, if the average
catch from the most recent 3-year period exceeds the ACL, the ACL will
be reduced in the subsequent fishing year by the amount of the overage
to mitigate potential effects to the stock. NMFS would conduct a
subsequent rulemaking action to implement the overage adjustment, if
necessary. Also, the Council and its SSC would review rebuilding
progress to determine if other action is needed. The proposed rule
would also remove the higher performance standard that requires NMFS to
close the fishery in Federal waters indefinitely in response to any
exceedance of the ACL. Fishery management would revert to the
performance standard described in the FEP, which requires the Council
to re-evaluate AMs if the ACL is exceeded twice in a 4-year period. In
reviewing fishery performance, the Council and SSC determined that the
higher performance standard was not necessary or effective in ensuring
the fishery rebuilds by 2031.
As described in the draft EA, 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.
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 law, 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 has
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.
This rule would affect commercial and non-commercial fishermen who
catch Guam bottomfish management unit species (BMUS). NMFS estimates
approximately 63 fishermen fish in the Guam bottomfish fishery (89 FR
12257, February 16, 2024). For Regulatory Flexibility Act purposes
only, 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 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--vessels in the commercial and
non-commercial fisheries for Guam BMUS--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.
In 2024, fishermen caught an estimated 36,130 lb (16,388 kg) of
BMUS, and the annual average from 2022-2024 was 31,426 lb (14,255 kg).
No commercial catch data are publicly available for those years because
fewer than three dealers and/or vendors reported sales, so commercial
sales data is summarized over longer and earlier time frames. The most
recent year for which price per pound is available is 2021, when the
inflation-adjusted price was $6.73/lb ($14.84/kg). Because no available
information indicates that commercial sales would change, these figures
are used to evaluate outcomes of the proposed management action.
Bottomfish sales revenue was publicly reported for only 4 years between
2015 and 2024. Over those 4 years, the average percentage of catch sold
was 19.2 percent, ranging from 9.7 percent (2021) to 50.5 percent
(2020). Assuming the fishery attains the full proposed ACL of 34,500 lb
(15,649 kg) and 19.2 percent of bottomfish are sold at $6.73/lb
($14.84/kg), NMFS expects the potential fleet-wide revenue to be
approximately $44,580, averaging $1,115 per vessel each year. With
regard to the modified AM, the fishery has exceeded 34,500 lb (15,649
kg) twice in the past 10 years (2021 and 2024). Had this ACL been in
place during those years, a post-season AM could have been triggered.
With the removal of the requirement to close Federal waters under the
AMs, BMUS fishermen should not expect any loss in revenue as a result
of this proposed action.
This proposed rule would not apply to a substantial number of
vessels and NMFS does not expect this rule to have a significantly
adverse economic impact on individuals. 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 (as discussed above), 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.
[[Page 21784]]
List of Subjects in 50 CFR Part 665
Accountability measure, Annual catch limit, Bottomfish, Fishing,
Guam, Pacific Islands, Western Pacific.
Dated: April 20, 2026.
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 part 665 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Amend Sec. 665.405 by removing paragraphs (g) and (h).
0
3. Amend Sec. 665.409 by revising paragraphs (a) and (b) and removing
paragraphs (c) through (e) 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 34,500 lb.
(b) If the average catch of Mariana bottomfish MUS in the Guam
Management Subarea from the most recent 3-year period exceeds the
specified ACL, the Regional Administrator will reduce the ACL for the
subsequent fishing year by the amount of the overage in a separate
rulemaking.
[FR Doc. 2026-07919 Filed 4-22-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 23, 2026.
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