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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Proposed Rules for the remainder of the fishing year. As a post-season AM, if NMFS determines that the catch exceeded the ACL in a fishing year, we would reduce the ACL
for the following fishing year by the amount of the overage. The proposed rule supports the long-term sustainability of Deep 7 bottomfish.
DATES: NMFS must receive comments by November 16, 2021.
ADDRESSES: You may submit comments on the proposed rule, identified by NOAANMFS20210077, by either of the following methods:
Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov and enter NOAA
NMFS20210077 in the Search box, click the Comment Now! icon, complete the required fields, and enter or attach your comments.
Mail: Send written comments to Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Regional Office PIRO, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.
Instructions: NMFS may not consider comments sent by any other method, to any other address or individual, or received after the end of the comment period. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov 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 www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Brett Schumacher, NMFS PIRO
Sustainable Fisheries, 8087255185.
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 Hawaiian Archipelago FEP, as authorized by the Magnuson-Stevens Fishery Conservation and Management Act Magnuson-Stevens Act. The Deep 7
bottomfish are onaga Etelis coruscans, ehu E. carbunculus, gindai
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Pristipomoides zonatus, kalekale P.
sieboldii, opakapaka P. filamentosus, lehi Aphareus rutilans, and hapuupuu Hyporthodus quernus. The 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 Council recommended that NMFS implement the proposed ACLs and AMs for MHI Deep 7 bottomfish in fishing years 202122, 202223, and 202324. Each fishing year begins on September 1 and ends on August 31 of the following year. The Council recommended the proposed ACL of 492,000 lb 223,167 kg based on an updated 2021 bottomfish 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 2021 stock assessment estimated the overfishing limit for the MHI Deep 7 bottomfish stock complex to be 568,000 lb 257,640 kg, assuming three years of identical catch in fishing years 202122, 202223, and 202324. This new overfishing limit is 2,000 lb 907
kg more than the overfishing limit for three years of fishing estimated in the previous stock assessment. The proposed ACL is the same as the ACL
that NMFS specified the previous three years 84 FR 29394, June 24, 2019. The ACL is associated with up to a 40
percent probability of overfishing for each proposed fishing year, which is more conservative than 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. As an in-season AM, if NMFS
projects that the fishery will reach the ACL, we would close the commercial and non-commercial fisheries for MHI
Deep 7 bottomfish in Federal waters for the remainder of the fishing year. As an additional post-season AM, in the event that NMFS determines that the final MHI Deep 7 bottomfish catch exceeds the ACL in any given year, NMFS would reduce the ACL for the subsequent fishing year by the amount of the overage with a subsequent rulemaking.
The fishery has not caught the proposed limit in any year since 1989, and NMFS does not anticipate that the fishery will attain the limit in any fishing year in this proposed rule.
NMFS does not expect this proposed rule to result in a change in fishing
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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 15 days from the publication date in the Federal Register, as provided for in section 304b of the Magnuson-Stevens Act 16 U.S.C.
1854b1A. A comment period of this length is in the public interest because the 2021 fishing year has already started, and it is necessary to implement the proposed reglations as soon as possible in order to establish thresholds that provide for effective and sustainable management of the fishery.
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 fisheries.
Classification Pursuant to section 304b1A of the Magnuson-Stevens Act, the NMFS
Assistant Administrator for Fisheries 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.
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 the attached proposed rule, issued under the authority of the Magnuson-Stevens Act, will not have a significant economic impact on a substantial number of small entities.
NMFS proposes to implement an ACL
of 492,000 lb 223,167 kg for MHI Deep 7 bottomfish, as recommended by the Council, for each fishing year 202122, 202223, and 202324. Each fishing year begins on September 1 and ends on August 31 of the following year. NMFS
monitors MHI Deep 7 bottomfish catches based on data provided by commercial fishermen to the State of Hawaii and non-commercial fishermen to NMFS. The AMs for fishing years 202122, 202223, and 202324 would remain the same as the AMs that are currently in place. That is, if NMFS
projects that the fishery will reach this limit in any fishing year, NMFS would close the commercial and noncommercial fisheries for MHI Deep 7

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