Pacific Island Fisheries; Annual Catch Limit and Accountability Measures for Mariana Bottomfish Management Unit Species in the Guam Management Subarea

Issuing agencies

Abstract

NMFS is modifying the annual catch limit (ACL) and accountability measures (AM) for Mariana bottomfish management unit species (MUS) in the Guam Management Subarea (the fishery). The rule increases the ACL from 31,000 pounds (lb) (14,061 kilograms (kg)) to 34,500 lb (15,649 kg), replaces the in-season AM with a post-season overage adjustment if the average catch from the most recent 3 years exceeds the ACL, and removes the higher performance standard that closes the fishery in Federal waters for any overage. The rule is based on 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 189 (Thursday, October 1, 2026)</title>
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[Federal Register Volume 91, Number 189 (Thursday, October 1, 2026)]
[Rules and Regulations]
[Pages 62340-62341]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20140]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 260911-0004]
RIN 0648-BN73


Pacific Island Fisheries; Annual Catch Limit and Accountability 
Measures for Mariana Bottomfish Management Unit Species in the Guam 
Management Subarea

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS is modifying the annual catch limit (ACL) and 
accountability measures (AM) for Mariana bottomfish management unit 
species (MUS) in the Guam Management Subarea (the fishery). The rule 
increases the ACL from 31,000 pounds (lb) (14,061 kilograms (kg)) to 
34,500 lb (15,649 kg), replaces the in-season AM with a post-season 
overage adjustment if the average catch from the most recent 3 years 
exceeds the ACL, and removes the higher performance standard that 
closes the fishery in Federal waters for any overage. The rule is based 
on the best available scientific, commercial, and other information 
about the fishery, and supports rebuilding of the fishery.

DATES: The final rule is effective November 2, 2026.

ADDRESSES: Copies of the Fishery Ecosystem Plan for the Mariana 
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-2025-0504">https://www.regulations.gov/docket/NOAA-NMFS-2025-0504</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: Keith Kamikawa, NMFS PIRO Sustainable 
Fisheries, 808-725-5177.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage bottomfish 
fishing in Federal waters around Guam in accordance with the FEP, as 
authorized by the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). The Council recommended the subject action 
at its 201st meeting in December 2024, based on: (1) a 2024 stock 
assessment update for Mariana bottomfish MUS in Guam; (2) consideration 
of the best scientific, commercial, and other information about the 
fishery; (3) a review from the Council's Scientific and Statistical 
Committee; and (4) input from the public. Accordingly, NMFS implements 
this action under section 303(c) and section 304(b) of the Magnuson-
Stevens Act.
    The fishery targets 13 species of bottomfish that are managed as a 
multi-species stock complex. Accordingly, stock status and management 
measures such as ACLs and AMs are applied to the stock complex rather 
than to individual species. NMFS determined the stock complex was 
overfished but not experiencing overfishing (85 FR 26940, May 6, 2020), 
and it has been subject to a rebuilding plan with an ACL of 31,000 lb 
(14,061 kg) since 2022 (87 FR 9271, February 18, 2022). An updated 
stock assessment completed in 2024 by the NMFS Pacific Islands 
Fisheries Science Center found that the stock 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 the rebuilding plan with a target time to rebuild by 
2031. The stock assessment update also provided new projections showing 
the stock could support moderately larger catches and still rebuild by 
2031.
    The subject action will also remove the in-season AM that would 
close the fishery in Federal waters if NMFS projects catch will reach 
the ACL

[[Page 62341]]

because NMFS and the Council found that available data systems do not 
allow for accurate in-season tracking and projections. The 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. The 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.
    As described in the Environmental Assessment (EA), NMFS does not 
expect this 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. Additional background information on this action 
can be found in the preamble to the proposed rule published on April 
23, 2026 (91 FR 21782) (the proposed rule).

Comments and Responses

    On April 23, 2026, NMFS published the proposed rule, draft EA, and 
Regulatory Impact Review for public comment (91 FR 21782). The comment 
period ended on May 26, 2026, and NMFS received comments from two 
individuals. NMFS did not receive any comments from fishery management 
agencies, nongovernmental organizations, or from individuals who 
identified themselves as fishery participants.
    Comment 1: One commenter generally expressed concern regarding the 
welfare of fish, stating that fishing causes pain, and requested a stop 
to fishing activities.
    Response 1: The comment did not identify a conservation, 
sustainability, or legal rationale to alter the rule under 
consideration. NMFS acknowledges the need to balance various fisheries 
issues, and is mandated under the Magnuson-Stevens Act to prevent 
overfishing while providing resources to consumers. Catch limits, 
accountability measures, monitoring, and EAs ensure the long-term 
sustainability of the fishery and resource availability for the 
communities that depend on seafood in the Pacific Islands region.
    Comment 2: One commenter suggested that NMFS had not considered or 
documented consideration of the Magnuson-Stevens Act and other 
applicable laws appropriately in the proposed rule.
    Response 2: NMFS disagrees. In developing the proposed rule and 
this final rule, we appropriately considered the Magnuson-Stevens Act 
and applicable laws, regulations and policies. During the rule 
development process, NMFS thoroughly reviewed the proposed action with 
respect to all applicable legal authorities. Prior to publication of 
the proposed rule and this final rule, the NOAA Assistant Administrator 
for Fisheries determined that they are consistent with the national 
standards and other provisions of the Magnuson-Stevens Act and other 
applicable laws. The Classification sections of the proposed and final 
rules documented compliance with all applicable statutes and 
regulations as required by law.

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 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 (E.O.) 12866.
    This final rule is expected to be an E.O. 14192 deregulatory 
action.
    A tribal summary impact statement under section (5)(b)(2)(B) and 
section (5)(c)(2) 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 Senior Lead 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 final 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 measure, Annual catch limit, Bottomfish, Fishing, 
Guam, Pacific Islands, Western Pacific.

    Dated: September 28, 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.


Sec.  665.405   [Amended]

0
2. Amend Sec.  665.405 by removing paragraphs (g) and (h).

0
3. Revise 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 34,500 lb (15,649 kg).
    (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. 2026-20140 Filed 9-30-26; 8:45 am]
BILLING CODE 3510-22-P


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