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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules to 3 nm, catches from both territorial waters and Federal waters around the territories would be counted towards the specified ACT and ACL that applies only to Federal waters.
The Council recommended that NMFS specify ACLs for BMUS in Guam at 27,000 lb 12,247 kg for each fishing year 20202022 and in the CNMI at 84,000 lb 38,102 kg for each fishing year 20202023. The 2020 fishing year ended December 31, 2020. The Council also recommended an ACT of 78,000 lb 35,380 kg for CNMI BMUS for the same period. The fishing year for bottomfish in the Mariana Islands is the calendar year. The Council based its recommendations on a 2019 benchmark stock assessment by the NMFS Pacific Islands Fisheries Science Center PIFSC, and in consideration of the best available scientific, commercial, and other information about the fishery, and in accordance with the ACL process set forth in the FEP.
NMFS proposes to implement the Councils recommended AM to Guam and CNMI BMUS, which is to apply a three-year average catch to evaluate fishery performance against the ACLs and in the event of overage to adjust the ACL and or ACT for the subsequent year. Specifically, under the proposed AMs, NMFS and the Council would use the average catch of the past three fishing years to evaluate fishery performance against the ACL for a particular fishery. At the end of each fishing year, if NMFS and the Council determine that the average catch of the past three years for any fishery exceeds the specified ACL, NMFS would, by separate rulemaking, reduce the ACL in the subsequent year for that fishery by the amount of the overage. NMFS may also specify an ACT that is below the ACL, as recommended by the Council.
When used, the ACT serves as the basis for invoking the AM. For CNMI, the ACT would also be subject to the same adjustment as the ACL for the subsequent fishing year. If the average catch from the most recent three-year period exceeds the ACT but remains below the ACL, then an overage adjustment would not be applied.
The 2019 stock assessment concluded that, in 2017, the Guam BMUS stock was overfished, but not subject to overfishing. NMFS adopted the findings of the assessment and notified the Council in February 2020. The Magnuson-Stevens Act requires the Council to prepare and implement an FEP, FEP amendment, or proposed regulations to rebuild the stock within two years of that notification that is, by February 2022. Thus, the proposed Guam ACL will cover the period of 2021

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through 2022, during which time the Council will develop the necessary action to rebuild the stock.
The 2019 stock assessment estimated the overfishing limit for Guam BMUS to be 36,000 lb 16,329 kg. The proposed Guam ACL corresponds to a 31 percent probability of overfishing, which is more conservative than the 50 percent risk threshold allowed under NMFS
guidelines for National Standard 1 of the Magnuson-Stevens Act NS1. It is likely that annual catch in 2020 through 2022 would not only approach the proposed ACL, but the three-year average of catch would exceed the proposed ACL. If the catch exceeds the three-year average, then the proposed post-season adjustment would be implemented to reduce the ACL in the subsequent year. The proposed ACLs and AMs are meant to prevent overfishing in accordance with NS1.
ACLs designed to rebuild Guam bottomfish will be part of a subsequent Council rebuilding plan.
The 2019 stock assessment also concluded that in 2017 the CNMI BMUS
stock was not overfished and did not experience overfishing. The assessment estimated the overfishing limit for CNMI
BMUS to be 98,000 lb 44,452 kg. The CNMI ACL and ACT correspond to 39
percent and 34 percent probability of overfishing, respectively, which are more conservative than the 50 percent risk threshold allowed under NMFS
guidelines for NS1 of the MagnusonStevens Act. NMFS does not anticipate that the CNMI fishery will reach the proposed ACT or ACL in any fishing year, nor will fishing for bottomfish be constrained during the fishing year.
NMFS will consider public comments on this proposed rule and will announce the final ACLs, ACTs, and AMs in the Federal Register. NMFS
must receive any comments by the date provided in the DATES heading. NMFS
may not consider any comments not postmarked or otherwise transmitted by that date. Regardless of the final ACLs, ACTs and AMs, all other management measures will continue to apply in the fisheries.
Classification Pursuant to section 304b1A of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this proposed action is consistent with the FEP, other provisions of the Magnuson-Stevens Act, and other applicable laws, subject to further consideration after public comment.

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Certification of Finding of No Significant Impact on Substantial Number of Small Entities 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. A
description of the proposed action, why it is being considered, and the legal basis for it are contained in the preamble to this proposed rule.
The proposed rule would implement ACLs, ACTs, and AMs for the bottomfish in Guam and the CNMI.
These measures would apply in 2020
2022 for Guam and in 20202023 for the CNMI. The Council recommended the proposed measures based on the most recent stock assessment for bottomfish in Guam and the CNMI, consistent with the Magnuson-Stevens Act and in accordance with the ACL process set forth in the FEP.
For the CNMI, NMFS proposes an ACL of 84,000 lb 38,102 kg, which is associated with a 39 percent risk of overfishing, which is more conservative than the 50 percent threshold allowed by the NS1 guidelines. The proposed ACL is a 63 percent reduction from the 228,000 lb 103,419 kg ACL set in 2016
and 2017. This reduction is based on the most recent stock assessment, which incorporated several changes that resulted in markedly different outputs compared to the previous assessment that informed the 2016 and 2017 ACL.
As described in the 2019 stock assessment and discussed at the October 2019 Council meeting, these changes included using a new species list, filtering data in a new way, and standardizing data for covariates that may affect the catch rate. NMFS did not specify ACLs for 2018 and 2019 while the Council and NMFS completed Amendment 5 to the FEP, which reclassified certain management unit species as ecosystem component species. Taking into account social, economic, and ecological considerations and management uncertainty, NMFS
proposes to set an ACT at 78,000 lb 35,380 kg, which is associated with a 34 percent risk of overfishing.
For Guam, NMFS proposes an ACL of 27,000 lb 12,247 kg, which is associated with a 31 percent risk of overfishing and is a 59 percent reduction from the 66,000 lb 29,937 kg ACL set in 2016 and 2017. Like in the CNMI, this reduction is based on the most recent stock assessment, which incorporated several changes that resulted in markedly different outputs
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