32094 Federal Register / Vol. 87, No. 103 / Friday, May 27, 2022 / Rules and Regulations 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs (OIRA) at the Office of 

Management and Budget (OMB) will 

review all significant rules. OIRA has 

determined that this final rule is 

significant and was accordingly 

reviewed by OMB. 

ACF determined that the costs to title 

IV–D agencies as a result of this rule 

will not be ‘‘economically significant’’ 

as defined in Executive Order 12866 

(have an annual effect on the economy 

of $100 million or more or adversely 

affect in a material way the economy, a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities). 

Accordingly, OIRA has determined that 

this rulemaking is ‘‘not major’’ under 

Subtitle E of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (also known as the Congressional 

Review Act). 

Unfunded Mandates Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4) requires 

agencies to prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in an 

annual expenditure by State, local, and 

tribal governments, in the aggregate, or 

by the private sector, of $100 million or 

more (adjusted annually for inflation). 

That threshold level is currently 

approximately $164 million. This rule 

does not impose any mandates on State, 

local, or tribal governments, or the 

private sector, that will result in an 

annual expenditure of $164 million or 

more. 

Assessment of Federal Regulations and 

Policies on Families 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 1999 requires Federal agencies to 

determine whether a proposed policy or 

regulation may affect family well-being. 

If the agency’s determination is 

affirmative, then the agency must 

prepare an impact assessment 

addressing seven criteria specified in 

the law. This regulation does not 

impose requirements on States or 

families. This regulation will not have 

an adverse impact on family well-being 

as defined in the legislation. 

Executive Order 13132 

Executive Order 13132 prohibits an 

agency from publishing any rule that 

has federalism implications if the rule 

either imposes substantial direct 

compliance costs on State and local 

governments and is not required by 

statute, or the rule preempts State law, 

unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive Order. This 

rule does not have federalism impact as 

defined in the Executive Order. 

January Contreras, Assistant Secretary 

of the Administration for Children and 

Families, approved this document on 

May 5, 2022. 

List of Subjects in 45 CFR Part 305 

Child support, Program performance 

measures, standards, financial 

incentives, and penalties. 

(Catalog of Federal Domestic Assistance 

Programs No. 93.563, Child Support 

Enforcement Program.) 

Dated: May 23, 2022. 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

For the reasons discussed in the 

preamble, the Department of Health and 

Human Services amends 45 CFR part 

305 as set forth below: 

PART 305—PROGRAM 

PERFORMANCE MEASURES, 

STANDARDS, FINANCIAL 

INCENTIVES, AND PENALTIES 

■ 1. The authority citation for part 305 

continues to read as follows: 

Authority: 42 U.S.C. 609(a)(8), 652(a)(4) 

and (g), 658a, and 1302. 

■ 2. In § 305.61 add paragraph (e) to 

read as follows: 

§ 305.61 Penalty for failure to meet IV–D 

requirements. 

* * * * * 

(e) COVID–19 paternity establishment 

percentage penalty relief. Due to the 

adverse impact of the COVID–19 

pandemic on State IV–D operations, the 

criteria by which States are subject to 

financial penalties for the paternity 

establishment percentage under 

paragraph (a) of this section are 

modified for fiscal years 2020, 2021, and 

2022, in accordance with section 

452(g)(A) of the Act, as follows: 

(1) The acceptable level of paternity 

establishment percentage performance 

under § 305.40(a)(1) is modified for 

fiscal years 2020, 2021, and 2022 from 

90 percent to 50 percent, and 

(2) The adverse findings of data 

reliability audits of a State’s paternity 

establishment data under § 305.60 will 

not result in a financial penalty for 

fiscal years 2020, 2021, and 2022. 

* * * * * 

[FR Doc. 2022–11391 Filed 5–26–22; 8:45 am] 

BILLING CODE 4184–42–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02;RTID 0648– 

XC021] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

retention limit adjustment. 

SUMMARY: NMFS is adjusting the 

General category daily retention limit 

from one large medium or giant Atlantic 

bluefin tuna (BFT) to three large 

medium or giant BFT. This daily 

retention limit applies to Atlantic Tunas 

General category (commercial) 

permitted vessels and Highly Migratory 

Species (HMS) Charter/Headboat 

permitted vessels with a commercial 

sale endorsement when fishing 

commercially for BFT. This adjustment 

will be effective for the June through 

August subquota time period until 

further modified. 

DATES: Effective June 1, 2022, through 

August 31, 2022, or until NMFS 

announces in the Federal Register 

another adjustment to the retention 

limit. 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., larry.redd@noaa.gov, 

301–427–8503, Nicholas Velseboer, 

nicholas.velseboer@noaa.gov, 978–281– 

9260, or Thomas Warren, 

thomas.warren@noaa.gov, 978–281– 

9260. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including BFT fisheries, 

are managed under the authority of the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.). The 2006 Consolidated Atlantic 

HMS Fishery Management Plan (FMP) 

and its amendments are implemented 

by regulations at 50 CFR part 635. 

Section 635.27 divides the U.S. BFT 

quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 


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Federal Register / Vol. 87, No. 103 / Friday, May 27, 2022 / Rules and Regulations 32095 

Act to provide U.S. fishing vessels with 

a reasonable opportunity to harvest 

quotas under relevant international 

fishery agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

As described in § 635.27(a), the 

current baseline U.S. BFT quota is 

1,247.86 metric tons (mt) (not including 

the 25 mt ICCAT allocated to the United 

States to account for bycatch of BFT in 

pelagic longline fisheries in the 

Northeast Distant Gear Restricted Area). 

The General category baseline quota is 

555.7 mt. This baseline quota is further 

subdivided into subquotas by time 

period. The June through August 

subquota time period is 277.9 mt. 

Although the 2021 ICCAT 

recommendation regarding western 

Atlantic BFT management would result 

in an increase to the baseline U.S. BFT 

quota (i.e., from 1,247.86 mt to 1,316.14 

mt) and subquotas for 2022 (including 

an expected increase in General 

category quota from 555.7 mt to 587.9 

mt, consistent with the annual BFT 

quota calculation process established in 

§ 635.27(a)), domestic implementation 

of that recommendation is not yet final. 

NMFS published a proposed rule on 

March 7, 2022 (87 FR 12648) and is 

working on the final rule. The default 

General category daily retention limit is 

one large medium or giant BFT 

(measuring 73 inches (185 cm) curved 

fork length (CFL) or greater) per vessel 

per day/trip and applies to General 

category permitted vessels and to HMS 

Charter/Headboat permitted vessels 

(when fishing commercially for BFT) 

(§ 635.23(a)(2)). 

Adjustment of General Category Daily 

Retention Limit 

Under § 635.23(a)(4), NMFS may 

increase or decrease the daily retention 

limit of large medium and giant BFT 

over a range of zero to five BFT per 

vessel after considering the regulatory 

determination criteria under 

§ 635.27(a)(8). As described below, 

NMFS considered all of the relevant 

determination criteria and their 

applicability to the General category 

BFT retention limit for June through 

August 2022. After considering these 

criteria, NMFS has decided to increase 

the daily retention limit from one to 

three large medium or giant BFT per 

vessel per day/trip (i.e., three BFT 

measuring 73 inches (185 cm) CFL or 

greater) for General category permitted 

vessels and for HMS Charter/Headboat 

permitted vessels with a commercial 

sale endorsement when fishing 

commercially for BFT. HMS Charter/ 

Headboat permitted vessels fishing 

recreationally under the Angling 

category restrictions must follow the 

Angling category retention and size 

limits. 

Regardless of the duration of a fishing 

trip, the daily retention limit applies 

upon landing. For example (and specific 

to the June through August 2022 limit), 

whether a vessel fishing under the 

General category retention limit takes a 

two-day trip or makes two trips in one 

day, the daily limit of three fish may not 

be exceeded upon landing. This General 

category retention limit is effective in all 

areas, except for the Gulf of Mexico, 

where NMFS prohibits targeting fishing 

for BFT, and applies to those vessels 

permitted in the General category, as 

well as to those HMS Charter/Headboat 

permitted vessels with a commercial 

sale endorsement when fishing 

commercially for BFT. 

Consideration of the Determination 

Criteria 

As described above, under 

§ 635.23(a)(4), NMFS may adjust the 

daily retention limit of large medium 

and giant BFT after considering the 

regulatory determination criteria under 

§ 635.27(a)(8). Regarding the usefulness 

of information obtained from catches in 

the particular category for biological 

sampling and monitoring of the status of 

the stock (§ 635.27(a)(8)(i)), biological 

samples collected from BFT landed by 

General category fishermen and 

provided by BFT dealers continue to 

provide NMFS with valuable parts and 

data for ongoing scientific studies of 

BFT age and growth, migration, and 

reproductive status. Additional 

opportunity to land BFT would support 

the continued collection of a broad 

range of data for these studies and for 

stock monitoring purposes. 

NMFS also considered the catches of 

the General category quota to date and 

the likelihood of closure of the General 

category if no adjustment is made 

(§ 635.27(a)(8)(ii)). Commercial-size BFT 

are anticipated to migrate to the fishing 

grounds off the northeast U.S. coast by 

early June. Given the typically slow 

catch rates in early June, it is unlikely 

that increasing the retention limit from 

one BFT to three BFT per vessel for a 

short period of time would result in the 

June through August subquota time 

period being filled. If catch rates 

increase, NMFS could take another 

action to reduce the trip limit to ensure 

the fishery would remain open 

throughout the subquota time period. In 

2021, NMFS took similar action to 

increase the retention limit to three BFT 

per vessel in the first part of the June 

through August subquota time period 

(86 FR 27814, May 24, 2022). When 

catch rates increased in early July, 

NMFS reduced the retention limit from 

three BFT per vessel back to the default 

limit of one BFT per vessel (86 FR 

36669, July 13, 2021). NMFS found that 

when the retention limit was three BFT 

per vessel, the vast majority of 

successful trips (i.e., General or Charter/ 

Headboat trips on which at least one 

BFT is landed under General category 

quota) landed only one or two BFT. 

Specifically, from June 1 through July 

11, 2021, 91 percent of the trips landed 

one BFT; 7 percent landed two; and 

only 2 percent landed three. NMFS 

expects catch rates this year will be 

similar (i.e., low in the first part of June 

and then increasing). In short, NMFS 

adjusts the retention limit throughout 

the season in such a way that NMFS 

believes, informed by catch rates in past 

seasons and the catch rates during the 

current season, increases fishing 

opportunities while also increasing the 

likelihood that the fishery will remain 

open throughout the subquota time 

period and year. NMFS also is aware of 

and considered the recently published 

proposed rule that would set restrictedfishing days for the General category 

during the months of July through 

November 2021 (87 FR 12643, March 7, 

2022). If finalized, this proposed rule 

would further increase the likelihood 

that the fishery would remain open 

throughout the subquota time period 

and year. 

NMFS also considered the effects of 

the adjustment on the BFT stock and the 

effects of the adjustment on 

accomplishing the objectives of the 2006 

Consolidated HMS FMP 

(§ 635.27(a)(8)(v) and (vi)). This 

retention limit adjustment would be 

consistent with established quotas and 

subquotas, which are implemented 

consistent with ICCAT 

recommendations, (established in 

Recommendation 17–06 and maintained 

in Recommendation 20–06), ATCA, and 

the objectives of the 2006 Consolidated 

HMS FMP and amendments. While not 

yet implemented domestically, this 

retention limit adjustment would also 

be consistent with ICCAT 

Recommendation 21–07, which would 

increase the quotas and subquotas 

slightly (87 FR 12648, March 7, 2022). 

In establishing these quotas and 

subquotas and associated management 

measures, ICCAT and NMFS considered 

the best scientific information available, 

objectives for stock management and 

status, and effects on the stock. This 

retention limit adjustment is in line 

with the established management 

measures and stock status 

determinations. It is also important that 

NMFS limit landings to the subquotas 


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32096 Federal Register / Vol. 87, No. 103 / Friday, May 27, 2022 / Rules and Regulations 

both to adhere to the subquota 

allocations and to ensure that landings 

are as consistent as possible with the 

pattern of fishing mortality (e.g., fish 

caught at each age) that was assumed in 

the latest stock assessment. Because this 

action is similar to past actions in 

previous years, this retention limit 

adjustment is consistent with those 

objectives. 

Another principal consideration in 

setting the retention limit is the 

objective of providing opportunities to 

harvest the available General category 

quota without exceeding the annual 

quota. This consideration is based on 

the objectives of the 2006 Consolidated 

HMS FMP and its amendments, and 

includes achieving optimum yield on a 

continuing basis and optimizing the 

ability of all permit categories to harvest 

available BFT quota allocations (related 

to § 635.27(a)(8)(x)). NMFS anticipates 

that General category participants in all 

areas and time periods will have 

opportunities to harvest the General 

category quota in 2022, through 

proactive inseason management such as 

retention limit adjustments and/or the 

timing and amount of quota transfers 

(based on consideration of the 

determination criteria regarding 

inseason adjustments), as practicable. 

As discussed above, NMFS will closely 

monitor General category catch rates 

associated with the various authorized 

gear types (e.g., harpoon, rod and reel) 

during the June through August time 

period and actively adjust the daily 

retention limit as appropriate to 

enhance scientific data collection and 

ensure fishing opportunities in all 

respective time-period subquotas as 

well as ensure available quota is not 

exceeded. 

A limit lower than three fish at the 

start of the June through August time 

period could result in diminished 

fishing opportunities for those General 

category vessels using harpoon gear, 

based on past fish behavior early in the 

season. Lower limits may also result in 

effort shifts from the General category to 

the Harpoon category, which could 

result in premature closure of the 

Harpoon category (related to 

§ 635.27(a)(8)(iv)), and, potentially, 

additional inseason adjustments. 

General category harpoon landings have 

averaged less than five percent of the 

General category landings in recent 

years and these landings occur early in 

the season. A three-fish retention limit 

for an appropriate period of time will 

provide a greater opportunity to harvest 

the June through August subquota time 

period with harpoon gear in the General 

category while maintaining equitable 

distribution of fishing opportunities for 

harpoon and rod and reel General 

category participants. 

Given these considerations, we have 

determined that a three-fish General 

category retention limit is warranted for 

the beginning of the June–August 2022 

subquota time period. This retention 

limit would provide a reasonable 

opportunity to harvest the available U.S. 

BFT quota (including the expected 

increase in available 2022 quota based 

on 2021 underharvest), without 

exceeding it, while maintaining an 

equitable distribution of fishing 

opportunities; help optimize the ability 

of the General category to harvest its 

available quota; allow the collection of 

a broad range of data for stock 

monitoring purposes; and be consistent 

with the objectives of the 2006 

Consolidated HMS FMP and 

amendments. 

Monitoring and Reporting 

NMFS will continue to monitor the 

BFT fishery closely. Dealers are required 

to submit landing reports within 24 

hours of a dealer receiving BFT. Late 

reporting by dealers compromises 

NMFS’ ability to timely implement 

actions such as quota and retention 

limit adjustment, as well as closures, 

and may result in enforcement actions. 

Additionally, and separate from the 

dealer reporting requirement, General 

and HMS Charter/Headboat vessel 

owners are required to report their own 

catch of all BFT retained or discarded 

dead, within 24 hours of the landing(s) 

or end of each trip, by accessing 

hmspermits.noaa.gov or by using the 

HMS Catch Reporting app, or calling 

(888) 872–8862 (Monday through Friday 

from 8 a.m. until 4:30 p.m.). 

Depending on the level of fishing 

effort and catch rates of BFT, NMFS 

may determine that additional 

adjustments are necessary to ensure 

available quota is not exceeded or to 

enhance scientific data collection from, 

and fishing opportunities in, all 

geographic areas. If needed, subsequent 

adjustments will be published in the 

Federal Register. In addition, fishermen 

may call the Atlantic Tunas Information 

Line at (978) 281–9260, or access 

hmspermits.noaa.gov, for updates on 

quota monitoring and inseason 

adjustments. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act and regulations at 50 CFR part 635 

and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

NMFS (AA) finds that it is impracticable 

and contrary to the public interest to 

provide prior notice of, and an 

opportunity for public comment on, this 

action for the following reasons. 

The regulations implementing the 

2006 Consolidated HMS FMP and 

amendments provide for inseason 

retention limit adjustments to respond 

to the unpredictable nature of BFT 

availability on the fishing grounds, the 

migratory nature of this species, and the 

regional variations in the BFT fishery. 

The timing of this rulemaking will allow 

approximately one weeks’ prior notice 

to the regulated community. Affording 

additional prior notice and an 

opportunity for public comment on the 

change in the daily retention limit from 

the default level for the June through 

August 2022 subquota time period 

would be impracticable. Based on 

available BFT quotas, fishery 

performance in recent years, and the 

availability of BFT on the fishing 

grounds, responsive adjustment to the 

General category BFT daily retention 

limit from the default level is warranted 

to allow fishermen to take advantage of 

availability of fish and of quota. NMFS 

could not have proposed these actions 

earlier, as it needed to consider and 

respond to updated data and 

information about fishery conditions 

and this year’s landings. If NMFS was 

to offer a public comment period now, 

after having appropriately considered 

that data, it would preclude fishermen 

from harvesting BFT that are legally 

available consistent with all of the 

regulatory criteria, and/or could result 

in selection of a retention limit 

inappropriate to the amount of quota 

available for the period. 

Fisheries under the General category 

daily retention limit will commence on 

June 1 and thus prior notice would be 

contrary to the public interest. Delays in 

increasing these retention limits would 

adversely affect those General and 

Charter/Headboat category vessels that 

would otherwise have an opportunity to 

harvest more than the default retention 

limit of one BFT per day/trip and may 

result in low catch rates and quota 

rollovers. Analysis of available data 

shows that adjustment to the BFT daily 

retention limit from the default level 

would result in minimal risks of 

exceeding the ICCAT-allocated quota. 

NMFS provides notification of retention 

limit adjustments by publishing the 

notice in the Federal Register, emailing 

individuals who have subscribed to the 

Atlantic HMS News electronic 

newsletter, and updating the 

information posted on the Atlantic 

Tunas Information Line and on 

hmspermits.noaa.gov. With quota 

available and fish available on the 

grounds, and with no additional 


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Federal Register / Vol. 87, No. 103 / Friday, May 27, 2022 / Rules and Regulations 32097 

expected impacts to the stock, it would 

be contrary to the public interest to 

require vessels to wait to harvest the 

additional fish allowed through this 

action. Therefore, the AA finds good 

cause under 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment. 

Adjustment of the General category 

retention limit needs to be effective June 

1, 2022, or as soon as possible 

thereafter, to minimize any unnecessary 

disruption in fishing patterns, to allow 

the impacted sectors to benefit from the 

adjustment, and to not preclude fishing 

opportunities for fishermen in 

geographic areas with access to the 

fishery only during this time period. 

Foregoing opportunities to harvest the 

respective quotas may have negative 

social and economic impacts for U.S. 

fishermen that depend upon catching 

the available quota within the time 

periods designated in the 2006 

Consolidated HMS FMP and 

amendments. Therefore, the AA finds 

there is also good cause under 5 U.S.C. 

553(d) to waive the 30-day delay in 

effectiveness. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: May 24, 2022. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–11488 Filed 5–24–22; 4:15 pm] 

BILLING CODE 3510–22–P 


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