Reef Fish Fishery of the Gulf of Mexico; 2022 Recreational Accountability Measure and Closure for Gulf of Mexico Red Grouper, 48610-48611 [2022-17157]

Download as PDF 48610 Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / Rules and Regulations Updated billing information must be received no later than November 1, 2022 (see SUPPLEMENTARY INFORMATION for details). FOR FURTHER INFORMATION CONTACT: Tanya Dorm, (410) 786–2216. SUPPLEMENTARY INFORMATION: DATES: I. Background Under the Medicare Quality Payment Program, an eligible clinician who participates in an Advanced Alternative Payment Model (APM) and meets the applicable payment amount or patient count thresholds for a performance year is a Qualifying APM Participant (QP) for that year. For payment years 2019 through 2024, an eligible clinician who is a QP for a year based on their performance in a QP Performance Period earns a 5-percent lump sum APM Incentive Payment that is paid in a payment year that occurs 2 years after the QP Performance Period. The amount of the APM Incentive Payment is equal to 5 percent of the estimated aggregate paid amounts for covered professional services furnished by the QP during the calendar year immediately preceding the payment year. khammond on DSKJM1Z7X2PROD with RULES II. Provisions of the Advisory The Centers for Medicare & Medicaid Services (CMS) has identified those eligible clinicians who earned an APM Incentive Payment in CY 2022 based on their CY 2020 QP status. When we disbursed the CY 2022 APM Incentive Payments, we were unable to verify current Medicare billing information for some QPs and therefore unable to issue the payment. In order to properly disburse the APM Incentive Payment, CMS is requesting assistance in identifying current Medicare billing information for these QPs in accordance with 42 CFR 414.1450(c)(8). We have compiled a list of QPs we have identified as having unverified billing information. These QPs, and any others who anticipated receiving an APM Incentive Payment but have not, should follow the instructions to provide CMS with updated billing information at the following web address: https://qpp-cm-prodcontent.s3.amazonaws.com/uploads/ 1968/2022%20QP%20 Notice%20for%20APM%20 Incentive%20Payment%20 Zip%20File.zip. If you have any questions concerning submission of information through the website, please contact the Quality Payment Program Help Desk at 1–866– 288–8292. All submissions must be received no later than November 1, 2022. After that VerDate Sep<11>2014 16:06 Aug 09, 2022 Jkt 256001 time, any claims by a QP to an APM Incentive Payment will be forfeited for the CY 2022 payment year. To make sure we have received all updated billing forms, we will process remaining CY 2022 APM Incentive Payments during one payment cycle in the beginning of 2023, based on updated billing information for QPs received by November 1, 2022. Payment processing occurs one time after all forms have been received. The Administrator of the Centers for Medicare & Medicaid Services (CMS), Chiquita Brooks-LaSure, having reviewed and approved this document, authorizes Lynette Wilson, who is the Federal Register Liaison, to electronically sign this document for purposes of publication in the Federal Register. Dated: August 5, 2022. Lynette Wilson, Federal Register Liaison, Centers for Medicare & Medicaid Services. [FR Doc. 2022–17186 Filed 8–9–22; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 100217095–2081–04; RTID 0648–XC199] Reef Fish Fishery of the Gulf of Mexico; 2022 Recreational Accountability Measure and Closure for Gulf of Mexico Red Grouper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure (AM) for the red grouper recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2022 fishing year through this temporary rule. NMFS has projected that the 2022 recreational annual catch target (ACT) for Gulf red grouper will have been reached by August 30, 2022. Therefore, NMFS closes the recreational sector for Gulf red grouper on August 30, 2022, and it will remain closed through the end of the fishing year on December 31, 2022. This closure is necessary to protect the Gulf red grouper resource. DATES: This temporary rule is effective from 12:01 a.m., local time, on August SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 30, 2022, until 12:01 a.m., local time, on January 1, 2023. FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional Office, telephone: 727–551–5719, email: daniel.luers@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery, which includes red grouper, under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico Fishery Management Council and is implemented by NMFS under the authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act) through regulations at 50 CFR part 622. All red grouper weights discussed in this temporary rule are in gutted weight. Following a recent red grouper stock assessment, NMFS implemented Amendment 53 to the Reef Fish FMP (87 FR 25573, May 2, 2022), which modified the allocation between the commercial and recreational sectors, and the sector catch limits. The new assessment incorporated updated historical recreational landings estimates calibrated to the Marine Recreational Information Program (MRIP) Fishing Effort Survey (FES), the current method for estimating recreational effort. The previous recreational catch limits were based on an assessment that incorporated the historical recreational landings estimates generated using the prior (MRIP) Coastal Household Telephone Survey (CHTS), which produced significantly lower estimates of recreational effort. Under Amendment 53, the recreational annual catch limit (ACL) is 1.73 million lb (0.78 million kg) and the recreational ACT is 1.57 million lb (0.71 kg)(in MRIP FES units). Subsequent to the Amendment 53 final rule, NMFS implemented a final rule for a framework action under the FMP (87 FR 40742, July 8, 2022) which further revised the red grouper recreational ACL to 2.02 million lb (0.92 million kg) and the ACT to 1.84 million lb (0.83 million kg). This rule is effective August 8, 2022. The Gulf red grouper recreational ACL was exceeded in 2021 by approximately 0.72 million lb (0.33 million kg) or 72 percent of the recreational ACL. As specified in 50 CFR 622.41(e)(2)(ii), in the year following a recreational ACL overage, NMFS is required to maintain the red grouper ACT in that following fishing year at the level of the prior year’s ACT, unless the best scientific information available determines that maintaining E:\FR\FM\10AUR1.SGM 10AUR1 Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES the prior year’s ACT is unnecessary. In addition, NMFS is required to reduce the length of that following year’s recreational fishing season to ensure that the recreational ACT is not exceeded in that following year. Although the regulations refer to maintaining the prior year’s ACT, the 2021 ACT is not consistent with catch limits established in Amendment 53 and the 2022 red grouper framework action because it was derived from an assessment that used the outdated MRIP CHTS historical recreational landings estimates and the prior commercialrecreational allocation. In addition, as explained in the final rule implementing Amendment 53, the 2021 ACT, which is 0.92 million lb (0.42 million kg) in MRIP CHTS units, would be 1.93 million lb (0.88 million kg) in MRIP FES units (87 FR at 25574). This is greater than the current 2022 ACT of 1.84 million lb (0.83 million kg), and implementing a closure based on the greater ACT would increase the likelihood of exceeding the 2022 recreational ACL. Therefore, this closure is based on the projection of when the newly implemented ACT for 2022 will be reached. Based on data from January– April 2022, and on the average harvest rates for the 2020 and 2021 recreational fishing years, NMFS projects that the 2022 recreational ACT for Gulf red grouper will be reached as of August 30, 2022. NMFS used a 2-year average for the projected harvest rates because NMFS determined that it is most representative of current conditions. The catch rate in 2021 was higher than the catch rate in 2020. However, the harvest of red grouper from January through April of 2022 was lower than in 2021, and the price of fuel may be contributing to less boating/fishing activity to date in 2022. Accordingly, this temporary rule closes the recreational sector for Gulf red grouper effective at 12:01 a.m., local time, on August 30, 2022, through the end of the fishing year on December 31, 2022. During the recreational closure, the bag and possession limits for red grouper in or from the Gulf EEZ are zero. The prohibition on possession of Gulf red grouper also applies in Gulf state waters for any vessel issued a valid Federal charter vessel/headboat permit for Gulf reef fish. NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.41(e)(2)(i), which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is exempt 16:06 Aug 09, 2022 Authority: 16 U.S.C. 1801 et seq. Dated: August 5, 2022. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–17157 Filed 8–5–22; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 220223–0054; RTID 0648– XC235] Fisheries of the Exclusive Economic Zone Off Alaska; Blackspotted and Rougheye Rockfish in the Central Aleutian and Western Aleutian Districts of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting retention of blackspotted and rougheye rockfish in the Central Aleutian and Western Aleutian districts (CAI/WAI) of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2022 blackspotted and rougheye rockfish total allowable SUMMARY: Classification VerDate Sep<11>2014 from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment is unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations associated with the closure of the red grouper recreational sector at 50 CFR 622.41(e)(2)(i) have already been subject to notice and public comment, and all that remains is to notify the public of the closure. Prior notice and opportunity for public comment are contrary to the public interest because there is a need to immediately implement this action to protect the red grouper stock. Prior notice and opportunity for public comment would require time and could result in a harvest well in excess of the established ACT and ACL. For the aforementioned reasons, the Assistant Administrator also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Jkt 256001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 48611 catch (TAC) in the CAI/WAI of the BSAI has been reached. DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 6, 2022, through 2400 hours, A.l.t., December 31, 2022. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2022 blackspotted and rougheye rockfish TAC in the CAI/WAI of the BSAI is 177 metric tons (mt) as established by the final 2022 and 2023 harvest specifications for groundfish in the BSAI (87 FR 11626, March 2, 2022) and inseason action (87 FR 43220, July 20,2022). In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2022 blackspotted and rougheye rockfish TAC in the CAI/WAI of the BSAI has been reached. Therefore, NMFS is requiring that blackspotted and rougheye rockfish in the CAI/WAI of the BSAI be treated in the same manner as a prohibited species, as described under § 679.21(a), for the remainder of the year, except blackspotted and rougheye rockfish species in the CAI/WAI caught by catcher vessels using hook-and-line, pot, or jig gear as described in § 679.20(j). Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be impracticable and contrary to the public interest, as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the prohibited retention of blackspotted and rougheye rockfish in the CAI/WAI of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data E:\FR\FM\10AUR1.SGM 10AUR1

Agencies

[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Rules and Regulations]
[Pages 48610-48611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17157]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100217095-2081-04; RTID 0648-XC199]


Reef Fish Fishery of the Gulf of Mexico; 2022 Recreational 
Accountability Measure and Closure for Gulf of Mexico Red Grouper

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) for the red 
grouper recreational sector in the exclusive economic zone (EEZ) of the 
Gulf of Mexico (Gulf) for the 2022 fishing year through this temporary 
rule. NMFS has projected that the 2022 recreational annual catch target 
(ACT) for Gulf red grouper will have been reached by August 30, 2022. 
Therefore, NMFS closes the recreational sector for Gulf red grouper on 
August 30, 2022, and it will remain closed through the end of the 
fishing year on December 31, 2022. This closure is necessary to protect 
the Gulf red grouper resource.

DATES: This temporary rule is effective from 12:01 a.m., local time, on 
August 30, 2022, until 12:01 a.m., local time, on January 1, 2023.

FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional 
Office, telephone: 727-551-5719, email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery, 
which includes red grouper, under the Fishery Management Plan for the 
Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared 
by the Gulf of Mexico Fishery Management Council and is implemented by 
NMFS under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) through regulations at 50 CFR 
part 622. All red grouper weights discussed in this temporary rule are 
in gutted weight.
    Following a recent red grouper stock assessment, NMFS implemented 
Amendment 53 to the Reef Fish FMP (87 FR 25573, May 2, 2022), which 
modified the allocation between the commercial and recreational 
sectors, and the sector catch limits. The new assessment incorporated 
updated historical recreational landings estimates calibrated to the 
Marine Recreational Information Program (MRIP) Fishing Effort Survey 
(FES), the current method for estimating recreational effort. The 
previous recreational catch limits were based on an assessment that 
incorporated the historical recreational landings estimates generated 
using the prior (MRIP) Coastal Household Telephone Survey (CHTS), which 
produced significantly lower estimates of recreational effort. Under 
Amendment 53, the recreational annual catch limit (ACL) is 1.73 million 
lb (0.78 million kg) and the recreational ACT is 1.57 million lb (0.71 
kg)(in MRIP FES units). Subsequent to the Amendment 53 final rule, NMFS 
implemented a final rule for a framework action under the FMP (87 FR 
40742, July 8, 2022) which further revised the red grouper recreational 
ACL to 2.02 million lb (0.92 million kg) and the ACT to 1.84 million lb 
(0.83 million kg). This rule is effective August 8, 2022.
    The Gulf red grouper recreational ACL was exceeded in 2021 by 
approximately 0.72 million lb (0.33 million kg) or 72 percent of the 
recreational ACL. As specified in 50 CFR 622.41(e)(2)(ii), in the year 
following a recreational ACL overage, NMFS is required to maintain the 
red grouper ACT in that following fishing year at the level of the 
prior year's ACT, unless the best scientific information available 
determines that maintaining

[[Page 48611]]

the prior year's ACT is unnecessary. In addition, NMFS is required to 
reduce the length of that following year's recreational fishing season 
to ensure that the recreational ACT is not exceeded in that following 
year.
    Although the regulations refer to maintaining the prior year's ACT, 
the 2021 ACT is not consistent with catch limits established in 
Amendment 53 and the 2022 red grouper framework action because it was 
derived from an assessment that used the outdated MRIP CHTS historical 
recreational landings estimates and the prior commercial-recreational 
allocation. In addition, as explained in the final rule implementing 
Amendment 53, the 2021 ACT, which is 0.92 million lb (0.42 million kg) 
in MRIP CHTS units, would be 1.93 million lb (0.88 million kg) in MRIP 
FES units (87 FR at 25574). This is greater than the current 2022 ACT 
of 1.84 million lb (0.83 million kg), and implementing a closure based 
on the greater ACT would increase the likelihood of exceeding the 2022 
recreational ACL. Therefore, this closure is based on the projection of 
when the newly implemented ACT for 2022 will be reached. Based on data 
from January-April 2022, and on the average harvest rates for the 2020 
and 2021 recreational fishing years, NMFS projects that the 2022 
recreational ACT for Gulf red grouper will be reached as of August 30, 
2022. NMFS used a 2-year average for the projected harvest rates 
because NMFS determined that it is most representative of current 
conditions. The catch rate in 2021 was higher than the catch rate in 
2020. However, the harvest of red grouper from January through April of 
2022 was lower than in 2021, and the price of fuel may be contributing 
to less boating/fishing activity to date in 2022. Accordingly, this 
temporary rule closes the recreational sector for Gulf red grouper 
effective at 12:01 a.m., local time, on August 30, 2022, through the 
end of the fishing year on December 31, 2022.
    During the recreational closure, the bag and possession limits for 
red grouper in or from the Gulf EEZ are zero. The prohibition on 
possession of Gulf red grouper also applies in Gulf state waters for 
any vessel issued a valid Federal charter vessel/headboat permit for 
Gulf reef fish.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(e)(2)(i), which 
was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and 
is exempt from review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment is unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the regulations associated with the 
closure of the red grouper recreational sector at 50 CFR 
622.41(e)(2)(i) have already been subject to notice and public comment, 
and all that remains is to notify the public of the closure. Prior 
notice and opportunity for public comment are contrary to the public 
interest because there is a need to immediately implement this action 
to protect the red grouper stock. Prior notice and opportunity for 
public comment would require time and could result in a harvest well in 
excess of the established ACT and ACL.
    For the aforementioned reasons, the Assistant Administrator also 
finds good cause to waive the 30-day delay in the effectiveness of this 
action under 5 U.S.C. 553(d)(3).

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

    Dated: August 5, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-17157 Filed 8-5-22; 4:15 pm]
BILLING CODE 3510-22-P
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