2024-25829. Pacific Island Fisheries; Amendment 7 to the Fishery Ecosystem Plan for the American Samoa Archipelago and Final Rule; Discontinue Rebuilding Plan for American Samoa Bottomfish and Implement Annual Catch Limits and Accountability ...

Table 1—ACLs for American Samoa BMUS for Fishing Years 2024, 2025, and 2026

Species	Samoan name	ACL (lb/kg)
Aphareus rutilans	Palu-gutusiliva	8,554/3,880
Aprion virescens	Asoama	4,872/2,210
Caranx lugubris	Tafauli	3,086/1,400
Etelis coruscans	Palu-loa	4,872/2,210
Lethrinus rubrioperculatus	Filoa-paomumu	8,554/3,880
Lutjanus kasmira	Savane	16,645/7,550
Pristipomoides flavipinnis	Palu-sina	2,579/1,170
Pristipomoides zonatus	Palu-ula	1,521/690
Variola louti	Velo	2,205/1,000

( print page 88171)

All ACLs are below the overfishing limits (equal to 50 percent risk of overfishing), and below the allowable biological catches established by the Council's Scientific and Statistical Committee, consistent with National Standard 1 of the Magnuson-Stevens Act. Further, NMFS is establishing indicator species for E. carbunculus and P. filamentosus, which were not assessed in the 2023 stock assessment due to data limitations. E. coruscans is the indicator species for E. carbunculus and P. flavipinnis is the indicator species for P. filamentosus. This rule does not establish separate ACLs for E. carbunculus and P. filamentosus. Instead, they are be subject to the post-season AM based on catch of the indicator species, as defined at 50 CFR 600.310(d)(2)(ii).

As an AM for all assessed species, if the average catch from the most recent 3-year period exceeds the ACL for any species, NMFS will reduce the ACL for that species in the subsequent year by the amount of overage. Although the ACLs apply to Federal waters, both catch from territorial and Federal waters will be counted towards the ACLs. American Samoa does not currently implement catch limits in territorial waters. As an additional performance measure specified in the FEP, if catches exceed an ACL more than once in a 4-year period, the Council must re-evaluate the ACL process, and adjust the system, as necessary, to improve its performance and effectiveness for that species.

This rule is consistent with recommendations made by the Council at its 197th meeting in December 2023. Additional background information on this action is in the preamble to the proposed rule (89 FR 67402, August 20, 2024).

Comments and Responses

On August 2, 2024, NMFS published a notice of availability for the draft amendment and request for public comments (89 FR 63155). The comment period ended on October 1, 2024. On August 20, 2024, NMFS published the associated proposed rule and request for public comments (89 FR 67402), and NMFS did not receive any comments on the Amendment. The comment period for the proposed rule ended on October 4, 2024. NMFS received one comment on the proposed rule that was generally in support of the action. NMFS made no changes to the final rule based on the public comment received.

Comment 1: There appears to be very few negative biophysical impacts created by this proposal. Implementing single species ACLs will prevent overfishing of individual BMUS species and allow the use of an AM to diminish the effects of harvest for individual species. Consistent year-to-year harvest will reduce economic stress in relation to socioeconomic standings, and a more sustainable approach to fishing will be introduced, ultimately increasing profit. There is no evidence of the proposed action conflicting with Federal rules or putting smaller commercial entities at a disadvantage compared to larger entities.

Response: NMFS agrees, and we will continue to manage the fishery in Federal waters to perpetuate sustainable fisheries resources for communities in American Samoa, consistent with the Magnuson-Steven Act, the FEP and implementing regulations.

Changes From the Proposed Rule

This final rule contains one minor technical change from the proposed rule for consistency in the regulatory text, to clarify that the post-season overage adjustment would apply if the ACL is exceeded rather than if it is reached.

Classification

Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this rule is consistent with the FEP, other provisions of the Magnuson-Stevens Act, and other applicable law.

The Chief 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. NMFS received one comment on the proposed rule that was generally in support of the action; 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 has been determined to be not significant for purposes of Executive Order 12866.

This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 665

• Accountability measures
• American Samoa, annual catch limits, bottomfish management unit species
• Fisheries
• Fishing
• Pacific Islands
• Western Pacific

Dated: November 1, 2024.

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

1. The authority citation for 50 CFR part 665 continues to read as follows:

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

2. Revise § 665.103 to read as follows:

§ 665.103

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15, it is unlawful for any person to fish for American Samoa bottomfish MUS or ECS using gear prohibited under § 665.104.

3. Revise § 665.106 to read as follows:

§ 665.106

American Samoa annual catch limits (ACL).

(a) Annual catch limits (ACL). In accordance with § 665.4, the ACLs for American Samoa bottomfish MUS during fishing years 2024, 2025 and 2026 are as follows:

Table 1 to Paragraph ( a )

Species	Samoan name	ACL (lb)
Aphareus rutilans	Palu-gutusiliva	8,554
Aprion virescens	Asoama	4,872
Caranx lugubris	Tafauli	3,086
Etelis coruscans	Palu-loa	4,872
Lethrinus rubrioperculatus	Filoa-paomumu	8,554
Lutjanus kasmira	Savane	16,645
Pristipomoides flavipinnis	Palu-sina	2,579
( print page 88172)
Pristipomoides zonatus	Palu-ula	1,521
Variola louti	Velo	2,205