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