Pacific Island Pelagic Fisheries; 2022 U.S. Territorial Longline Bigeye Tuna Catch Limits, 73990-73991 [2021-28107]

Download as PDF 73990 Federal Register / Vol. 86, No. 247 / Wednesday, December 29, 2021 / Rules and Regulations providers, such as hospitals, physicians and infusion centers, would have experienced had the MFN Model been implemented as contemplated. Response: We thank stakeholders for their comments. As we noted in the November 2020 MFN Model interim final rule and the August 2021 proposed rule, there is much uncertainty around the assumptions for both the OACT and ASPE estimates that were presented in those rules. Final Decision: After considering the comments on the estimate of significantly affected providers and suppliers and the magnitude of estimated effects of our proposal, and because we are finalizing our proposal as proposed, we maintain our analysis, as presented in the August 2021 proposed rule, for this final rule. khammond on DSKJM1Z7X2PROD with RULES E. Unfunded Mandates Reform Act (UMRA) Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. In 2021, that threshold is approximately $158 million. As discussed in section V.C. of the August 2021 proposed rule and section IV.C. of this final rule, the financial impacts for States (that is, an estimated overall reduction in State spending) presented in the November 2020 MFN Model interim final rule (85 FR 76235 through 76248) will not be realized. The August 2021 proposed rule and this final rule did not mandate any spending by State, local, or tribal governments, or by the private sector, and hence an UMRA analysis is not required. F. Federalism Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications. As discussed in section V.C. of the August 2021 proposed rule and section IV.C. of this final rule, the financial impacts for States (that is, an estimated overall reduction in State spending) presented in the November 2020 MFN Model interim final rule (85 FR 76235 through 76248) will not be realized. Since this rule does not impose any costs on State or local governments, preempt State law, or otherwise have Federalism implications, the VerDate Sep<11>2014 16:59 Dec 28, 2021 Jkt 256001 requirements of Executive Order 13132 are not applicable. In accordance with the provisions of Executive Order 12866, this final rule was reviewed by the Office of Management and Budget. Chiquita Brooks-LaSure, Administrator of the Centers for Medicare & Medicaid Services, approved this document on December 14, 2021. List of Subjects for 42 CFR 513 Administrative practice and procedure, Health facilities, Medicare, Reporting and recordkeeping requirements. PART 513—[REMOVED] For the reasons set forth in the preamble and under the authority at 5 U.S.C. 301, the Centers for Medicare & Medicaid Services removes 42 CFR part 513. ■ Dated: December 21, 2021. Xavier Becerra, Secretary, Department of Health and Human Services. [FR Doc. 2021–28225 Filed 12–27–21; 4:15 pm] BILLING CODE 4120–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 211221–0265] RTID 0648–XP016 Pacific Island Pelagic Fisheries; 2022 U.S. Territorial Longline Bigeye Tuna Catch Limits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final specifications. AGENCY: NMFS specifies a 2022 limit of 2,000 metric tons (t) of longlinecaught bigeye tuna for each U.S. Pacific territory (American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands (CNMI), the territories). NMFS will allow each territory to allocate up to 1,500 t in 2022 to U.S. longline fishing vessels through specified fishing agreements that meet established criteria. The overall allocation limit among all territories, however, may not exceed 3,000 t. As an accountability measure, NMFS will monitor, attribute, and restrict (if necessary) catches of longline-caught SUMMARY: PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 bigeye tuna, including catches made under a specified fishing agreement. These catch limits and accountability measures support the long-term sustainability of fishery resources of the U.S. Pacific Islands. DATES: The final specifications are effective January 28, 2022, through December 31, 2022. The deadline to submit a specified fishing agreement pursuant to 50 CFR 665.819(b)(3) for review is June 27, 2022. ADDRESSES: Copies of the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific (FEP) are available from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808–522–8220, or www.wpcouncil.org. Pursuant to the National Environmental Policy Act, the Council and NMFS prepared environmental analyses that support this action and are available at https:// www.regulations.gov/docket/NOAANMFS-2021-0076. FOR FURTHER INFORMATION CONTACT: Lynn Rassel, NMFS PIRO Sustainable Fisheries, 808–725–5184. SUPPLEMENTARY INFORMATION: NMFS is specifying a 2022 catch limit of 2,000 t of longline-caught bigeye tuna for each U.S. Pacific territory. NMFS is also authorizing each territory to allocate up to 1,500 t of its 2,000 t bigeye tuna limit, not to exceed a 3,000 t total annual allocation limit among all the territories, to U.S. longline fishing vessels permitted to fish under the FEP. A specified fishing agreement with the applicable territory must identify those vessels. NMFS will monitor catches of longline-caught bigeye tuna by the longline fisheries of each U.S Pacific territory, including catches made by U.S. longline vessels operating under specified fishing agreements. The criteria that a specified fishing agreement must meet, and the process for attributing longline-caught bigeye tuna, will follow the procedures in 50 CFR 665.819. When NMFS projects that the fishery will reach a territorial catch or allocation limit, NMFS will, as an accountability measure, prohibit the catch and retention of longline-caught bigeye tuna by vessels in the applicable territory (if the territorial catch limit is projected to be reached), and/or vessels in a specified fishing agreement (if the allocation limit is projected to be reached). You may find additional background information on this action in the preamble to the proposed specifications published on October 27, 2021 (86 FR E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 86, No. 247 / Wednesday, December 29, 2021 / Rules and Regulations 59357). Regardless of the final specifications, all other existing management measures will continue to apply in the longline fishery. Comments and Responses khammond on DSKJM1Z7X2PROD with RULES On October 27, 2021, NMFS published the proposed specifications and request for public comments (86 FR 59357); the comment period closed on November 12, 2021. NMFS received comments from two sources who generally supported the proposed action. A third commenter expressed concern about the status of bigeye tuna, and we respond below. Comment: Overfishing mature bigeye tuna reduces the stock and prevents stock growth, longline fishing is directed at adult tuna capable of reproducing, and reducing catch limits will help to improve this species’ stock and prevent them from being overfished. Response: There are two stocks of Pacific bigeye tuna: The Western and Central Pacific stock and the Eastern Pacific stock. According to the most VerDate Sep<11>2014 16:59 Dec 28, 2021 Jkt 256001 recent stock assessments, neither stock is overfished or subject to overfishing. In developing the territorial bigeye tuna catch allocation limits, NMFS and the Council considered a range of catch and allocation limits, taking into consideration sustainability of the stock, decisions of regional fishery management organizations, and the needs of Pacific Island fishing communities. The 2022 allocation limits allow for the sustainability of the bigeye tuna stock and are consistent with the FEP, the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and other applicable laws. Classification Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS Assistant Administrator (AA) has determined that this final rule is consistent with the FEP, other provisions of the Magnuson-Stevens Act, and other applicable laws. The Chief Counsel for Regulation of the Department of Commerce certified PO 00000 Frm 00045 Fmt 4700 Sfmt 9990 73991 to the Chief Counsel for Advocacy of the Small Business Administration that the proposed specifications would not have a significant economic impact on a substantial number of small entities. NMFS published the factual basis for the certification in the proposed specifications, and we do not repeat it here. NMFS received no comments relevant to this certification; as a result, a final regulatory flexibility analysis is not required, and none has been prepared. This action is exempt from review under Executive Order 12866. This document contains no information collection requirements under the Paperwork Reduction Act of 1995. Authority: 16 U.S.C. 1801, et seq. Dated: December 21, 2021. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2021–28107 Filed 12–28–21; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\29DER1.SGM 29DER1

Agencies

[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Rules and Regulations]
[Pages 73990-73991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28107]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 211221-0265]
RTID 0648-XP016


Pacific Island Pelagic Fisheries; 2022 U.S. Territorial Longline 
Bigeye Tuna Catch Limits

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

ACTION: Final specifications.

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SUMMARY: NMFS specifies a 2022 limit of 2,000 metric tons (t) of 
longline-caught bigeye tuna for each U.S. Pacific territory (American 
Samoa, Guam, and the Commonwealth of the Northern Mariana Islands 
(CNMI), the territories). NMFS will allow each territory to allocate up 
to 1,500 t in 2022 to U.S. longline fishing vessels through specified 
fishing agreements that meet established criteria. The overall 
allocation limit among all territories, however, may not exceed 3,000 
t. As an accountability measure, NMFS will monitor, attribute, and 
restrict (if necessary) catches of longline-caught bigeye tuna, 
including catches made under a specified fishing agreement. These catch 
limits and accountability measures support the long-term sustainability 
of fishery resources of the U.S. Pacific Islands.

DATES: The final specifications are effective January 28, 2022, through 
December 31, 2022. The deadline to submit a specified fishing agreement 
pursuant to 50 CFR 665.819(b)(3) for review is June 27, 2022.

ADDRESSES: Copies of the Fishery Ecosystem Plan for Pelagic Fisheries 
of the Western Pacific (FEP) are available from the Western Pacific 
Fishery Management Council (Council), 1164 Bishop St., Suite 1400, 
Honolulu, HI 96813, tel 808-522-8220, or www.wpcouncil.org.
    Pursuant to the National Environmental Policy Act, the Council and 
NMFS prepared environmental analyses that support this action and are 
available at https://www.regulations.gov/docket/NOAA-NMFS-2021-0076.

FOR FURTHER INFORMATION CONTACT: Lynn Rassel, NMFS PIRO Sustainable 
Fisheries, 808-725-5184.

SUPPLEMENTARY INFORMATION: NMFS is specifying a 2022 catch limit of 
2,000 t of longline-caught bigeye tuna for each U.S. Pacific territory. 
NMFS is also authorizing each territory to allocate up to 1,500 t of 
its 2,000 t bigeye tuna limit, not to exceed a 3,000 t total annual 
allocation limit among all the territories, to U.S. longline fishing 
vessels permitted to fish under the FEP. A specified fishing agreement 
with the applicable territory must identify those vessels.
    NMFS will monitor catches of longline-caught bigeye tuna by the 
longline fisheries of each U.S Pacific territory, including catches 
made by U.S. longline vessels operating under specified fishing 
agreements. The criteria that a specified fishing agreement must meet, 
and the process for attributing longline-caught bigeye tuna, will 
follow the procedures in 50 CFR 665.819. When NMFS projects that the 
fishery will reach a territorial catch or allocation limit, NMFS will, 
as an accountability measure, prohibit the catch and retention of 
longline-caught bigeye tuna by vessels in the applicable territory (if 
the territorial catch limit is projected to be reached), and/or vessels 
in a specified fishing agreement (if the allocation limit is projected 
to be reached).
    You may find additional background information on this action in 
the preamble to the proposed specifications published on October 27, 
2021 (86 FR

[[Page 73991]]

59357). Regardless of the final specifications, all other existing 
management measures will continue to apply in the longline fishery.

Comments and Responses

    On October 27, 2021, NMFS published the proposed specifications and 
request for public comments (86 FR 59357); the comment period closed on 
November 12, 2021. NMFS received comments from two sources who 
generally supported the proposed action. A third commenter expressed 
concern about the status of bigeye tuna, and we respond below.
    Comment: Overfishing mature bigeye tuna reduces the stock and 
prevents stock growth, longline fishing is directed at adult tuna 
capable of reproducing, and reducing catch limits will help to improve 
this species' stock and prevent them from being overfished.
    Response: There are two stocks of Pacific bigeye tuna: The Western 
and Central Pacific stock and the Eastern Pacific stock. According to 
the most recent stock assessments, neither stock is overfished or 
subject to overfishing. In developing the territorial bigeye tuna catch 
allocation limits, NMFS and the Council considered a range of catch and 
allocation limits, taking into consideration sustainability of the 
stock, decisions of regional fishery management organizations, and the 
needs of Pacific Island fishing communities. The 2022 allocation limits 
allow for the sustainability of the bigeye tuna stock and are 
consistent with the FEP, the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), and other applicable laws.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator (AA) has determined that this final rule is 
consistent with the FEP, other provisions of the Magnuson-Stevens Act, 
and other applicable laws.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed specifications would not have a 
significant economic impact on a substantial number of small entities. 
NMFS published the factual basis for the certification in the proposed 
specifications, and we do not repeat it here. NMFS received no comments 
relevant to this certification; as a result, a final regulatory 
flexibility analysis is not required, and none has been prepared.
    This action is exempt from review under Executive Order 12866.
    This document contains no information collection requirements under 
the Paperwork Reduction Act of 1995.

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

    Dated: December 21, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-28107 Filed 12-28-21; 8:45 am]
BILLING CODE 3510-22-P

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