Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 2297 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

§ 73.622 [Amended] 

■ 2. Amend § 73.622(i), the PostTransition Table of DTV Allotments 

under Arizona, by removing channel 12 

and adding channel 18 at Mesa. 

[FR Doc. 2020–27981 Filed 1–11–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 210106–0003] 

RTID 0648–XP014 

Pacific Island Pelagic Fisheries; 2021 

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 2021 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 2021 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 12, 2021, through 

December 31, 2021. The deadline to 

submit a specified fishing agreement 

pursuant to 50 CFR 665.819(b)(3) for 

review is July 12, 2021. 

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, 

available from http://

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2020- 

0010. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Rassel, NMFS PIRO Sustainable 

Fisheries, 808–725–5184. 

SUPPLEMENTARY INFORMATION: NMFS is 

specifying a 2021 catch limit of 2,000 t 

of longline-caught bigeye tuna for each 

U.S. Pacific territory. NMFS is also 

authorizing each U.S. Pacific 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 November 9, 2020 (85 FR 

71300). Regardless of the final 

specifications, all other existing 

management measures will continue to 

apply in the longline fishery. 

Comments and Responses 

On November 9, 2020, NMFS 

published the proposed specifications 

and request for public comments (85 FR 

71300); the comment period closed on 

November 24, 2020. NMFS received 

comments on the proposed 

specifications from one person. NMFS 

considered these comments in making 

its decision on this action, and responds 

below. We made no changes to the final 

specifications. 

NMFS specifically invited public 

comments on the effect of the proposed 

action on cultural fishing in American 

Samoa; we received no relevant 

comments on this issue. 

Comment 1: Catch limits should be 

reduced because the styrofoam and 

plastic, with chemicals in them, used in 

longline fishing gear pose controversial 

implications for ecosystems, fish, and 

the food chain. Mitigation efforts should 

be made to protect consumers from 

harmful chemicals. 

Response: NMFS has no information 

that longline fishing, including the gear 

used, results in significant adverse 

impacts to the marine habitat or food 

chain. Federal laws and regulations 

strictly regulate the disposal of waste in 

ocean waters. NMFS also notes that 

fisheries observers collect information 

on the frequency, location and 

composition of marine debris. During 

2008–2016, NMFS observers on Hawaii 

vessels reported 1,326 marine debris 

items intercepted by longlines. While 

derelict fishing gear made up most of 

the debris, most (52 percent) was 

netting, and ropes and other types of 

lines (27 percent). Floats and 

monofilament fishing line used in 

longline fishing made up less than 9 

percent of the debris. When longline 

fishermen snag marine debris in their 

gear, they typically bring it on board 

and disposed of in port. This prevents 

future entanglement with sea life and 

entry into the food chain. 

Comment 2: Longline gear poses a 

threat to seabirds, most notably 

endangered albatross, that dive for 

baited lines and are hooked or entangled 

and drowned. 


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2298 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 

Responses: The short-tailed albatross 

(Phoebastria albatrus) is the only 

endangered albatross in the fishing area. 

None has ever been observed or 

reported interacting with Hawaii 

longline fisheries. The current biological 

opinion prepared under Section 7 of the 

Endangered Species Act concluded that 

Hawaii longline fisheries are not likely 

to jeopardize the continued existence of 

short-tailed albatross. 

NMFS acknowledges that seabirds are 

sometimes hooked and entangled in 

longline gear, and we have implemented 

measures that significantly reduce 

seabird bycatch. Current mitigation 

methods include, but are not limited to, 

bird-scaring curtains, weights to quickly 

sink hooks below birds’ reach, dying 

bait blue so it is less visible to birds, safe 

seabird handling techniques, and 

strategically discharging spent bait and 

fish offal to distract birds from lines and 

hooks. These mitigation methods are 

70–90 percent effective at reducing 

seabird bycatch. Nonetheless, NMFS has 

noticed an increasing trend in seabird 

interaction rates and is currently 

developing and testing new mitigation 

methods, including the potential use of 

tori lines, to further protect seabirds. 

Comment 3: While NMFS considered 

economic impacts on smaller fisheries, 

the effects of catch limits on ‘‘small 

entities’’ such as minority, ethnic, and/ 

or native populations and the 

biodiversity of affected fishing 

territories were not explicitly 

considered. 

Responses: Although these 

populations were not specifically 

addressed in the Regulatory Flexibility 

Act analysis of the effect of this rule on 

small entities, they were considered in 

the environmental assessment (EA) and 

supplemental environmental assessment 

(SEA) under Executive Order 12898 

(E.O. 12898), ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations.’’ As described in the EA 

and SEA, NMFS does not expect the 

proposed action to have large effects to 

the environment that would result in a 

disproportionately large and adverse 

effect on minority or low-income 

populations including with respect to 

the availability of fish, other 

environmental effects, or health effects. 

Comment 4: Longline bigeye tuna 

catch limits should be increased from 

previous years to address observed 

impacts of overfishing such as fewer 

fish and smaller fish, shorter fishing 

seasons, bizarre developments in their 

seasonal appearance and dispersal, and 

fewer overall species seen. 

Response: In August 2020, the 

Western and Central Pacific Fisheries 

Commission (WCPFC) completed the 

most recent assessment of the western 

and central Pacific Ocean (WCPO) 

bigeye tuna stock. The assessment 

showed that the stock remains healthy, 

is not subject to overfishing and is not 

overfished. NMFS is satisfied that the 

catch limits are consistent with the 

conservation and management needs of 

bigeye tuna in the WCPO, and that this 

action would not result in a change in 

stock status. 

Comment 5: Mitigation efforts should 

be made to ensure the sustainability of 

fishing practices and to protect marine 

species. 

Response: See responses to comments 

1, 2, and 4 regarding efforts to reduce 

marine debris, protect seabirds, and the 

scientific information NMFS considers 

when establishing catch limits. In 

accordance with the Endangered 

Species Act and Marine Mammal 

Protection Act, fisheries are managed 

under a suite of requirements designed 

to reduce the likelihood and severity of 

effects of unintentional and incidental 

interactions with protected species, and 

that allow monitoring of interactions. 

NMFS continually evaluates monitoring 

and scientific information to determine 

whether they change our understanding 

of the potential effects of our 

management decisions and prepares 

supplemental environmental analyses, 

as appropriate. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(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 AA has also determined that 

because this rule relieves a restriction, 

it is exempt from the otherwiseapplicable requirement of a 30-day 

delayed effectiveness provision, 

pursuant to 5 U.S.C. 553(d)(1). This rule 

allows U.S. vessels identified in a valid 

specified fishing agreement to continue 

fishing in the WCPO even if NMFS 

closes the longline fishery for bigeye 

tuna. Consistent with Conservation and 

Management Measure 2018–01 adopted 

by the WCPFC at its December 2018 

meeting, the bigeye tuna catch limit for 

U.S. longline fisheries in the western 

and central Pacific in 2021 is 3,554 t. 

When NMFS projects the limit will be 

reached, NMFS must close the fishery 

for bigeye tuna in the WCPO. 

Regulations at 50 CFR 665.819 require 

NMFS to begin attributing longline 

caught bigeye tuna to the U.S. territory 

to which a fishing agreement applies 

seven days before the date NMFS 

projects the fishery will reach the 

WCPO limit, or upon the effective date 

of the agreement, whichever is later. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration at the 

proposed rule stage that this action 

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 rule, 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 final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

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

Dated: January 6, 2021. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2021–00391 Filed 1–11–21; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with RULES