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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations
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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 7090 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
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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 304b1A 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.

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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. 553d1. 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 201801 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.
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