Je veux savoir à propos de…

60196

Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1

bottomfish in Federal waters for the remainder of that fishing year as an inseason AM. As a post season AM, if the catch exceeds the ACL in a fishing year, NMFS would reduce the ACL of the next fishing year by the amount of the overage. The proposed ACLs are the same as those implemented for the 201819, 201920, and 202021 fishing years and 186,000 lb 84,368 kg more than the ACL that NMFS implemented for the 201718 fishing year. The proposed ACLs are greater than the highest reported annual landings over the past eight fishing seasons by more than 180,000 lb 81,647 kg. Therefore, NMFS does not expect that the fishery would reach the ACL during any of the next three fishing years.
This proposed rule would affect commercial and non-commercial fishermen who catch MHI Deep 7
bottomfish. In general, the relative importance of MHI bottomfish to commercial participants as a percentage of overall fishing or household income is unknown, as the total suite of fishing and other income generating activities by individual operations across the year has not been examined. 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 fishing NAICS code 11411
is classified as a small business 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 noncommercial fisheries for MHI Deep 7
bottomfishare 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.
During the 201920 fishing year, 334
fishermen reported catching 161,437 lb 73,227 kg of MHI Deep 7 bottomfish, which is consistent with catch and participation in recent years. Catch in this fishery has generally been decreasing over time. During each of fishing years 201415, 201516, and 20162017, an average of 374 fisherman have reported catching almost 274,000
lb 124,284 kg of MHI Deep 7
bottomfish, whereas catch over the past three full fishing years averaged 192,805
lb/year 87,455 kg/year by an average of 331 participants annually. Price per pound for Deep 7 bottomfish averaged $7.23 $15.93/kg in 2020 with 91
percent of catch sold. Assuming that the fishery attains the ACL of 492,000 lb 223,167 kg in an individual fishing year, and using the 2020 average price of $7.23/lb $15.93/kg, NMFS expects the potential annual fleet-wide revenue during each of the 202122, 202223
and 202324 fishing years to be $3,557,160 or approximately $3,237,016 under the assumption that 91 percent of catch is sold. If the MHI
Deep 7 bottomfish catch reached the ACL during a fishing year, with the entire catch sold by the 334 participants fishing in 201920, the potential revenue would average $10,650 from the sale of 1,473 lb 668 kg of Deep 7
bottomfish per fisherman. If the fishery reaches the ACL, and 91 percent of all MHI Deep 7 bottomfish catch was sold, then each of these 334 commercial fishermen would sell an average of 1,340 lb 608 kg of Deep 7 bottomfish valued at about $9,692, which is well below the $11 million threshold.
Even though this proposed rule would apply to a substantial number of vessels, i.e., 100 percent of the bottomfish fleet, NMFS does not expect this rule to have a significantly adverse economic impact on individual vessels because of the unlikelihood of reaching the ACL.
Landings information from the past five fishing years shows an average catch of 215,405 lb 97,706 kg, suggesting that Deep 7 bottomfish landings in the MHI

are not likely to reach the proposed ACL
of 492,000 lb 223,167 kg in any fishing year. The proposed rule would not impose additional reporting or recordkeeping 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.
This proposed rule has been determined to be not significant for purposes of Executive Order 12866.
This proposed 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.
Dated: October 26, 2021.
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 665FISHERIES IN THE
WESTERN PACIFIC
1. The authority citation for 50 CFR
part 665 continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.

2. In 665.211, revise paragraph a to read as follows:

665.211

Annual Catch Limit ACL.

a In accordance with 665.4, the ACLs for MHI bottomfish fisheries for each fishing year are as follows:

Fishery
202122 ACL
lb
202223 ACL
lb
202324 ACL
lb
Deep 7 bottomfish

492,000

492,000

492,000

Fishery
2019 ACL
lb
2020 ACL
lb
2021 ACL
lb
Uku

127,205

127,205

127,205

VerDate Sep<11>2014

17:51 Oct 29, 2021

Jkt 256001

PO 00000

Frm 00014

Fmt 4702

Sfmt 4702

E:FRFM01NOP1.SGM

01NOP1