Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan Regulations, 11590-11596 [2022-04291]
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Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
references, removes confusing
references for travel, and removes
inconsistent language for authorizations
for OLMs.
VII. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) does not apply to this
rule, because an opportunity for public
comment is not required to be given for
this rule under 41 U.S.C. 1707(a)(1) (see
Section VI. of this preamble).
Accordingly, no regulatory flexibility
analysis is required and none has been
prepared.
VIII. Paperwork Reduction Act
The final rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 538 and
552
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy, General Services Administration.
Therefore, GSA amends 48 CFR parts
538 and 552 as set forth below:
■ 1. The authority citation for 48 CFR
parts 538 and 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
PART 538—FEDERAL SUPPLY
SCHEDULE CONTRACTING
538.7201
552.238–115 Special Ordering Procedures
for the Acquisition of Order-Level Materials
[Removed and Reserved]
2. Remove and reserve section
538.7201.
■
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3. Amend section 552.238–115 by—
a. Revising the date of the clause;
b. In paragraph (a), in the definition of
‘‘Order-level materials’’ by removing the
words ‘‘materials means’’ and adding
‘‘materials, as used in this clause’’ and
in the third sentence removing the
phrase ‘‘this section’’ and adding the
phrase ‘‘this clause’’ in its place;
■ c. Revising paragraph (d)(2);
■ d. Removing from paragraph (d)(4) the
phrase ‘‘FSS contract’’, and adding the
phrase ‘‘FSS Contract,’’ in its place.
■ e. Removing from paragraph (d)(6) the
phrase ‘‘follow procedures’’ and adding
the phrase ‘‘follow the procedures’’ in
its place;
■ f. Removing from paragraph (d)(7)(i)
introductory text the word ‘‘contractor’’
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Special Ordering Procedures for the
Acquisition of Order-Level Materials (Apr
2022)
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
■
■
■
and adding the word ‘‘Contractor’’ in its
place;
■ g. Removing from paragraph
(d)(7)(i)(A) the phrase ‘‘contractor under
FAR 52.212–4 Alt I (i)(1)(ii)(A)’’ and
adding the phrase ‘‘Contractor under
paragraph (i)(1)(ii)(A) of FAR clause
52.212–4 Alternate I’’ in its place;
■ h. Removing from paragraph
(d)(7)(i)(B) the word ‘‘contractor’’ and
adding the word ‘‘Contractor’’ in its
place wherever it appears, and removing
the word ‘‘its’’;
■ i. Revising paragraph (d)(7)(i)(C);
■ j. Removing from paragraph (d)(7)(iii)
the phrase ‘‘FAR 52.212–4(i)(1)(ii)(D)(2)
Alternate I’’ and adding the phrase
‘‘paragraph (i)(1)(ii)(D)(2) of FAR clause
52.212–4 Alternate I’’ in its place;
■ k. Removing from paragraph (d)(9) the
phrases ‘‘by GSA’’ and ‘‘compliance
with the IFF’’ and adding the phrases
‘‘by GSA (Federal Supply Schedules)’’
and ‘‘compliance with the Industrial
Funding Fee (IFF)’’ in their places
respectively;
■ l. Removing from paragraph (d)(10)
introductory text the phrase ‘‘OLMs’’
and adding the phrase ‘‘Order-level
materials’’ in its place;
■ m. Removing from paragraph
(d)(10)(ii) the phrase ‘‘FSS Schedule
Pricelists’’ and adding ‘‘Federal Supply
Schedule (FSS) Price Lists’’ in its place;
and
■ n. Removing paragraph (d)(11).
The revisions read as follows:
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(d) * * *
(2) Order-level materials are included in
the definition of the term ‘‘material’’ in FAR
clause 52.212–4 Alternate I, and, therefore,
all provisions of FAR clause 52.212–4
Alternate I that apply to ‘‘materials’’ also
apply to order-level materials.
*
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(7) * * *
(i) * * *
(C) A Contractor with an approved
purchasing system, per FAR subpart 44.3,
shall instead follow its purchasing system
requirement and is exempt from the
requirements in paragraphs (d)(7)(i)(A) and
(B) of this clause.
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[FR Doc. 2022–04287 Filed 3–1–22; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
[Docket No. 220223–0053]
RIN 0648–BL26
Taking of Marine Mammals Incidental
to Commercial Fishing Operations;
Atlantic Large Whale Take Reduction
Plan Regulations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
final rule.
AGENCY:
NMFS is implementing a
temporary emergency rule to prohibit
trap/pot fishery buoy lines between
Federal and State waters within the
Massachusetts Restricted Area during
the month of April 2022 to reduce the
incidental mortality and serious injury
to North Atlantic right whales
(Eubalaena glacialis) in commercial
lobster and Jonah crab trap/pot fisheries.
This emergency rule is necessary to
reduce the risk of right whale mortality
and serious injury in buoy lines in an
area with a high co-occurrence of
whales and buoy lines.
DATES: Effective April 1, 2022, through
April 30, 2022.
ADDRESSES: Copies of the documents
associated with this emergency rule are
available at https://
www.fisheries.noaa.gov/alwtrp or by
emailing Marisa Trego at marisa.trego@
noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Marisa Trego, 978–282–8484,
marisa.trego@noaa.gov, Colleen Coogan,
978 281–9181, colleen.coogan@
noaa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background
The North Atlantic right whale
(Eubalaena glacialis, hereafter referred
to as right whale) population has been
in decline since 2010, with the most
recent published estimate of right whale
population size in 2019 at 368 whales
(±11) with a strong male bias (Pace et al.
2017, Pace 2021). Preliminary 2020 and
2021 data suggest the decline has
continued and that fewer than 350
individuals remain (Pettis et al. 2022).
Though this population estimate is not
final and still undergoing final peer
review, it relies upon the same peerreviewed population models used in
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Pace et al. (2017) and Pace (2021) and
is not expected to change significantly
in the final publication. The steep
population decline is a result of high
levels of human-caused mortality
caused by entanglement in fishing gear
and vessel strikes in both the U.S. and
Canada. An Unusual Mortality Event, as
defined in section 410 of the Marine
Mammal Protection Act (MMPA), was
declared for the population in 2017 as
a result of high rates of entanglement in
fishing gear and vessel strikes. As of
January 2022, the Event includes 34
detected mortalities (17 in 2017, 3 in
2018, 10 in 2019, 2 in 2020, and 2 in
2021). In 2020, 16 serious injuries were
documented (2 in 2017, 5 in 2018, 1 in
2019, 4 in 2020, and 4 in 2021; see:
https://www.fisheries.noaa.gov/
national/marine-life-distress/2017-2021north-atlantic-right-whale-unusualmortality-event). Mortality is higher
than what has been observed, according
to population models that estimate that
64 percent of all mortalities are not
observed and accounted for in the right
whale observed incident data (Pace
2021, Pace et al. 2021).
The North Atlantic right whale is
listed as an endangered species under
the Endangered Species Act, and
considered a strategic stock under the
Marine Mammal Protection Act
(MMPA). NMFS is required by the
MMPA to reduce the risk of serious
injury and death caused by
entanglement in commercial fishing
gear to a rate below the potential
biological removal level (PBR),
prescribed as the maximum number of
animals that can be removed annually
while allowing a marine mammal stock
to reach or maintain its optimal
sustainable population level. PBR for
the North Atlantic right whale
population was 0.7 whales per year in
the most recently published draft stock
assessment report (NMFS 2021a).
Between 2010 and 2021, there has only
been one year where observed mortality
and serious injury of right whales fell
below the PBR at the time, which was
an individual with a partial serious
injury given a prorated quantity of 0.75.
With the total estimated mortality well
above PBR, additional measures are
urgently needed to reduce the impact of
U. S. Atlantic fisheries on right whales.
The Atlantic Large Whale Take
Reduction Plan (Plan) was originally
developed pursuant to section 118 of
the MMPA (16 U.S.C. 1387) to reduce
mortality and serious injury of three
stocks of large whales (fin, humpback,
and North Atlantic right) incidental to
Category I and II fisheries. Under the
MMPA, a strategic stock of marine
mammals is defined as a stock: (1) For
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which the level of direct human-caused
mortality exceeds the Potential
Biological Removal (PBR) level; (2)
which, based on the best available
scientific information, is declining and
is likely to be listed as a threatened
species under the Endangered Species
Act (ESA) of 1973 within the foreseeable
future; or (3) which is listed as a
threatened or endangered species under
the ESA or is designated as depleted
under the MMPA (16 U.S.C. 1362(19)).
When incidental mortality or serious
injury of marine mammals from
commercial fishing exceeds a stock’s
PBR level, the MMPA directs NMFS to
convene a take reduction team made up
of stakeholders, including:
representatives of Federal agencies; each
coastal state which has fisheries which
interact with the species or stock;
appropriate Regional Fishery
Management Councils; interstate
fisheries commissions, academic and
scientific organizations; environmental
groups; all commercial and recreational
fisheries groups and gear types which
incidentally take the species or stock;
and, if relevant, Alaska Native
organizations or Indian tribal
organizations.1
The Atlantic Large Whale Take
Reduction Team (ALWTRT) was
established in 1996 and has 60
members, including about 22 trap/pot
and gillnet fishermen or fishery
representatives. The background for the
take reduction planning process and
initial development of the Plan is
provided in the preambles to the
proposed (62 FR 16519, April 7, 1997),
interim final (62 FR 39157, July 22,
1997), and final (64 FR 7529, February
16, 1999) rules implementing the initial
plan. The Team met and recommended
modifications to the Plan, implemented
by NMFS through rulemaking, several
times since 1997 in an ongoing effort to
meet the MMPA take reduction goals.
Mortalities and serious injuries of
right whales in U.S. fishing gear and
first seen in U.S. waters at levels above
PBR have continued. NMFS informed
the Team in late 2017 that it was
necessary to reconvene to develop
recommendations to reduce the impacts
of U.S. commercial fisheries on large
whales with a focus on reducing risk to
the declining North Atlantic right whale
population. During a Team meeting in
April 2019, the Team recommended a
framework of measures to modify
lobster and Jonah crab trap/pot trawls
within the Northeast Region Trap/Pot
1 There are no Alaska Native or Indian tribal
organizations participating in fisheries managed
under the Atlantic Large Whale Take Reduction
Team.
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11591
Management Area (Northeast Region).
The recommended measures intended
to reduce risk of mortality and serious
injury to right whales incidentally
entangled in buoy lines in those
fisheries by at least 60 percent, which
was the best estimate at the time of the
minimum amount of risk necessary to
get annual severe entanglement rates
below PBR based on observed
entanglement incidents. NMFS
published a Final Environmental Impact
Statement (FEIS) on July 2, 2021 (86 FR
35288), with a 30-day comment period.
The Record of Decision was signed on
August 30, 2021, and the final rule was
published on September 17, 2021 (86 FR
51970). The new rule was estimated to
meet the minimum 60-percent reduction
in risk recommended by the Team in
2019. Greater detail on right whale
population estimates, the stock’s
decline, changes in distribution and
reproductive rates, and entanglementrelated mortalities and serious injuries
documented in recent years can be
found in Chapters 2 and 4 of the FEIS
(NMFS 2021b) and the preamble to the
2021 final rule (86 FR 51970).
Justification for Emergency Action
New population information
published since the 2019 Team meeting
and recent 2021 final rule suggest that
a greater amount of risk reduction is
needed to reduce mortality and serious
injury of right whales in U.S.
commercial fisheries below PBR, as
required by the MMPA. NMFS
presented the new minimum risk
reduction needed to the team in a
webinar on November 2, 2021,
estimating an increase from the
minimum of 60-percent risk reduction
estimated in Phase 1 based on observed
incidents, to at least a 90-percent total
risk reduction based on estimated
mortality. Phase 1 is intended to achieve
an estimated 60-percent reduction in
entanglement risk from Northeast
lobster and Jonah crab trap pot fisheries,
which make up approximately 93
percent of fixed gear buoy lines in the
right whale range within U.S. waters. A
rulemaking process for Phase 2
modifications to the Plan began on
August 11, 2021, with a Notice of Intent
to prepare an Environmental Impact
Statement that aims to further reduce
risk in all fisheries covered under the
plan coastwide. However, a single
mortality or serious injury of a North
Atlantic right whale in a U.S. fishery
would exceed PBR. Therefore,
observations in 2021 and new
information submitted to NMFS merit
emergency measures in an area of
anticipated acute risk of entanglement
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to the population while long-term
measures are being developed.
One measure included in the 2021
final rule (86 FR 51970, September 17,
2021) has left a critical gap in protection
where right whale distribution
information identifies a high risk of
overlap between right whales and buoy
lines. Right whale monthly distribution
data identifies risk in unrestricted
waters encapsulated on three sides by
the expanded Massachusetts Restricted
Area (MRA) during the month of April.
The 2021 expansion of the geographic
extent of the MRA to include
Massachusetts State waters north to the
New Hampshire border (MRA
Expansion, Figure 1) mirrors the
Massachusetts 2021 modification of the
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State water closure (322 CMR 12.04(2)).
With the implementation of the MRA
Expansion, approximately 200 square
miles (518 square kilometers) of Federal
waters remain open to trap/pot fishing
between State and Federal closures
creating a wedge where 2021 data
indicate that trap/pot gear is
concentrated during the closure period
(MRA Wedge, Figure 2). During aerial
surveys in April 2021, the Center for
Coastal Studies (CCS) observed right
whales within this wedge alongside the
presence of aggregated fishing gear
(Figure 2). The gear in this area is
thought to be a mix of actively fished
gear and staged gear that is placed in
preparation for Federal waters within
the MRA to open in May. In addition,
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during April, fishermen anticipating the
May 1 opening of Federal waters of the
MRA may start bringing gear offshore to
prepare to move into the MRA. This, in
addition to the gear from fishermen
already actively fishing outside of the
buoy line closure area, increases gear
density in the area. Finally, weak
insertion requirements that reduce risk
of serious entanglements included in
the 2021 final rule will not yet be
required in Federal waters until May 1,
2022. Given the dense concentration of
high-strength vertical lines in an area
with persistent right whale presence,
this wedge area presents an imminent
entanglement threat.
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Figure 1: The Massachusetts Restricted Area expansion (hatched area) of the original closure area (solid gray) was
closed by Massachusetts State in Spring of 2021 and mirrored in the Atlantic Large Whale Take Reduction Plan in
Fall of 2021.
M
Restri
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- Depth units = fathoms / Not fc>r navigational purpn~s
• Chart Name; Cape Sable to CaJ>e Hatter'a$
- ChartJ: 13003_1
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Legend
Ill
Ill
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Massa.chusetts Restricted Area
Massachusetts: Restricted Area North
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...,...._,..---,......i:;:....:,.;;,.....,._...,"11
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Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
Figure 2: The area closed by this emergency rule is the hatched area. Sightings of whales during April 2021 (gray
and black shapes) and gear observed on two different days are overlaid. Right whale sightings from the Center for
Coastal Studies aerial surveys are represented by gray circles, gray triangles show Northeast Fishery Science Center
(NEFSC) dedicated aerial and shipboard surveys, and black crosses are opportunistic sightings collected by NEFSC.
Fishing gear (white diamonds) observed by the Center for Coastal Studies on April 19, 2021, and April 28, 2021,
were selected as representative snapshots of fishing gear present in survey areas. Surveys concentrate on Cape Cod
Bay; surveyors rarely fly north of mid Cape Ann, offshore Rockport, MA. These maps are used for qualitative not
quantitative comparison, and differ from Decision Support Tool data.
-70°30'
April 2021 North Atlantic Right Whale
Sightings with Daily Observations of
Fishing Gear
ttS Gear Si!iJhtlngs
Oppottunistic RW Sightings
NUMBER
NUMBER
◊ ,;3
S1
s3
♦ S6
+
+
◊ s7
◊ .s12
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+,m
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RW S1ghtmgs
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g
NUMBER
•
•
• s1
•
s3
s1
S3
•s6
,6. S6
,A.SB
ess
.,,,s
£s1S
fm;luded North Atl,mtic Right Whale (RW} sightings
data from Northe;1st Fishefies Science Center
(NEFSq dedicated surveys, Center for Coastal
Studies (CCS) surveys, arid opportunistic sightings
were collected in April J021. Fishing gear sightings
data wer.e collected from CCS aerial surveys on two
separate d.iys in April 2021, Aprll 19 (left) and April
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Emergency Measures
This emergency rule implements a
fishery closure in the waters nearly
circumscribed by Federal and State
waters of the MRA, where the use of
persistent trap/pot buoy lines is
prohibited in April 2022 (Figure 2). This
closure period is only a portion of the
existing MRA closure season as
implemented in the 2021 final rule (86
FR 51970, September 17, 2021), which
is closed as of February 1 and continues
through April 30 in Federal waters, and
in Massachusetts State waters February
1 through May 15 with an option to
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open earlier or close later, depending on
right whale occurrence under State
regulations (322 CMR 12.04(2)). Risk
reduction and change in right whale cooccurrence were calculated for this
emergency measure using the same
version of the Decision Support Tool (V
3.1.0) that was used in the 2021 FEIS
(NMFS 2021b). The area restricted by
this emergency rule includes
approximately 200 square miles (518
square kilometers and represents about
2.2 percent of the pre-final rule risk of
Northeast lobster and Jonah crab trap/
pot fisheries. Closure of this area to
buoy lines in April would result in 2to 2.2-percent risk reduction, and 1.3- to
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1.5-percent reduction in co-occurrence
with right whales, depending on
whether gear is relocated or removed,
respectively. When combined with the
2021 final rule (86 FR 51970, September
17, 2021), this one-month closure adds
at least an additional 1.6-percent risk
reduction due to the interactive effects
of an added closure during April with
other measures that weaken, reduce, or
relocate buoy lines. Though this
additional reduction seems small, it
offers measurable reduction in a
relatively small area for a very short
time period.
The Decision Support Tool used to
estimate risk reduction of these
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28th (right),
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
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measures relies on whale distribution
data through 2018 and line estimates
from recent years before the new
seasonal restricted area was
implemented. These data likely
underestimate the risk reduction given
2020 and 2021 observations of right
whale distribution and the 2021
restrictions may have pushed more gear
into this area. Furthermore, the right
whale habitat density model produced
by Duke University and used within the
Decision Support Tool estimates that
approximately 4.6 whales are likely to
be present in this locality during the
month of April, but observation data
collected during April 2021 suggest that
in 2022 there may be more right whales
in the area than the model predicts
(Figure 2). Given the empirical evidence
collected in 2021, it is likely that the
risk reduction estimated in this small
area may have even greater value to the
right whale population than the percent
reduction suggests, particularly in years
when right whale aggregations are high.
The economic impact of an April
fishery closure to lobster and Jonah crab
trap/pot buoy lines is estimated to be
small relative to the total value of the
fishery. It is estimated to impact
approximately 37 vessels and represents
a landing value of approximately $2,210
per vessel for a total cost of $82,869.
This estimate is a worse-case scenario
that assumes the gear is removed rather
than relocated elsewhere. The number
of vessels impacted was calculated from
the average number of vessels fishing
within the MRA Wedge during April
from 2015 to 2019 according to Vessel
Trip Report (VTR) data, and was
adjusted based on the average
percentage of Lobster Management Area
1 lobster-only vessels required to
provide VTR data in Massachusetts,
which is 42 percent. Landing values
were similarly averaged for April using
landing pounds from VTR data and
April lobster prices in Massachusetts
from dealer reports.
Classification
The NMFS Assistant Administrator
has determined that this emergency rule
is consistent with the Plan, with the
emergency rulemaking authority under
section 118(g) of the Marine Mammal
Protection Act (MMPA), and with other
applicable laws. Further evaluation of
this authority and environmental
impacts can be found at https://
www.fisheries.noaa.gov/alwtrp. This
emergency rule has been determined to
be not significant for the purposes of
Executive Order 12866.
This emergency final rule is exempt
from the procedures of the Regulatory
Flexibility Act because the rule will not
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include prior notice or an opportunity
for public comment.
This emergency final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries
finds prior notice and public comment
is not required because it would be
impracticable and contrary to the public
interest. Right whale monthly
distribution data identifies risk in
unrestricted waters encapsulated on
three sides by the expanded
Massachusetts Restricted Area (MRA)
during the month of April. The 2021
expansion of the geographic extent of
the MRA to include Massachusetts State
waters north to the New Hampshire
border (MRA Expansion, Figure 1)
mirrors the Massachusetts 2021
modification of the State water closure
(322 CMR 12.04(2)). With the
implementation of the MRA Expansion,
approximately 200 square miles (518
square km) of Federal waters remain
open to trap/pot fishing between State
and Federal closures creating a wedge
where 2021 data indicates that trap/pot
gear is concentrated during the closure
period (MRA Wedge, Figure 2). During
aerial surveys in April 2021, the Center
for Coastal Studies (CCS) observed right
whales within this wedge alongside the
presence of aggregated fishing gear
(Figure 2). The gear in this area is
thought to be a mix of actively fished
gear and staged gear that is placed in
preparation for Federal waters within
the MRA to open in May. In addition,
during April fishermen anticipating the
May 1 opening of Federal waters of the
MRA may start bringing gear offshore to
prepare to move into the MRA. This, in
addition to the gear from fishermen
already actively fishing outside of the
buoy line closure area, could increase
gear density in the area. Finally, weak
insertion requirements that reduce risk
of serious entanglements, included in
the 2021 final rule, will not yet be
required in Federal waters until May 1,
2022. Given the dense concentration of
high-strength vertical lines in an area
with persistent right whale presence,
this wedge area presents an imminent
entanglement threat.
In summary, this emergency action is
necessary to prevent risk to right whales
in an area of elevated risk in
Massachusetts Bay in April 2022.
Providing prior notice through proposed
rulemaking and public comment period
in the normal rulemaking process would
be counter to public interest by delaying
implementation of emergency measures
intended to provide relief for this time
sensitive management problem. For the
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11595
reasons outlined above, NMFS finds it
impracticable and contrary to the public
interest to provide prior notice and
public comment on these emergency
measures.
References
NMFS. 2019. Guidance on the Application of
NEPA for Emergency Response Actions.
Memo to National Environmental Policy
Act (NEPA) Practitioners. September 23,
2019.
NMFS. 2021a. Draft U.S. Atlantic and Gulf of
Mexico Marine Mammal Stock
Assessments 2021 https://
media.fisheries.noaa.gov/2021-10/
Draft%202021%20NE%26
SE%20SARs.pdf.
NMFS. 2021b. Final Environmental Impact
Statement, Regulatory Impact Review,
and Initial Regulatory Flexibility
Analysis for Amending the Atlantic
Large Whale Take Reduction Plan: Risk
Reduction Rule. NOAA, National Marine
Fisheries Service, Greater Atlantic
Regional Fisheries Office.
Pace, R.M., P.J. Corkeron, and S.D. Kraus.
2017. State-space mark-recapture
estimates reveal a recent decline in
abundance of North Atlantic right
whales. Ecology and Evolution 7:8730–
8741.
Pace, R.M. 2021. Revisions and Further
Evaluations of the Right Whale
Abundance Model: Improvements for
Hypothesis Testing. NOAA Technical
Memorandum NMFS–NE–269. Northeast
Fisheries Science Center, Woods Hole,
MA.
Pace, R.M., R. Williams, S.D. Kraus, A.R.
Knowlton, and H.M. Pettis. 2021. Cryptic
mortality of North Atlantic right whales.
Conservation Science and Practice
2021:e346.
Pettis, H.M., R.M. Pace, and P.K. Hamilton.
2022. North Atlantic Right Whale
Consortium 2021 Annual Report Card.
Report to the North Atlantic Right Whale
Consortium.
List of Subjects in 50 CFR Part 229
Administrative practice and
procedure, Confidential business
information, Endangered Species,
Fisheries, Marine mammals, Reporting
and recordkeeping requirements.
Dated: February 23, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 229 is amended
as follows:
PART 229—AUTHORIZATION FOR
COMMERCIAL FISHERIES UNDER THE
MARINE MAMMAL PROTECTION ACT
OF 1972
1. The authority citation for 50 CFR
part 229 continues to read as follows:
■
E:\FR\FM\02MRR1.SGM
02MRR1
11596
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
Authority: 16 U.S.C. 1361 et seq.;
§ 229.32(f) also issued under 16 U.S.C. 1531
et seq.
2. In § 229.32, add paragraph (c)(3)(iv)
to read as follows:
■
§ 229.32 Atlantic large whale take
reduction plan regulations.
*
*
*
*
(c) * * *
(3) * * *
(iv) Massachusetts Restricted Area
emergency extension. During the period
April 1–30, 2022, the Massachusetts
Restricted Area defined in paragraph
(c)(3)(i) of this section is extended from
the Massachusetts State waters
boundary at MRAW1 to MRAW2 (also
MRA3 in Table 11 to paragraph
(c)(3)(i)), then it is bounded by a rhumb
line connecting points MRAW2 to
MRAW3 (MRA4), and then bounded by
a rhumb line connecting points MRAW3
through MRAW4 (MRA5) back to
MRAW1, in the order detailed in Table
11a to this paragraph (c)(3)(iv). From
April 1, 2022, through April 30, 2022,
it is prohibited to fish with, set, or
possess trap/pot gear in the area in this
paragraph (c)(3)(iv) unless it is fished
without buoy lines or with buoy lines
that are stored on the bottom until
remotely released for hauling, or buoy
lines that are stowed in accordance with
§ 229.2. Authorizations for fishing
without buoy lines must be obtained if
such fishing would not be in accordance
with surface marking requirements of
§§ 697.21 and 648.84 of this title or
other applicable fishery management
regulations in this title. The minimum
number of trap/trawl gear configuration
requirements specified in paragraph
(c)(2)(iv) of this section remain in effect
unless an exemption to those
requirements is authorized.
TABLE 11a TO PARAGRAPH (c)(3)(iv)
MRAW1
MRAW2
MRAW3
MRAW4
MRAW1
*
*
Lat
........................
(MRA3) ..........
(MRA4) ..........
(MRA5) ..........
........................
*
*
Long
42°39.77′ ...
42°12′ ........
42°12′ ........
42°30′ ........
42°39.77′ ...
70°30′
70°38.69′
70°30′
70°30′
70°30′
*
[FR Doc. 2022–04291 Filed 3–1–22; 8:45 am]
lotter on DSK11XQN23PROD with RULES1
BILLING CODE 3510–22–P
VerDate Sep<11>2014
17:41 Mar 01, 2022
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 160426363–7275–02; RTID
0648–XB854]
*
Point
DEPARTMENT OF COMMERCE
Jkt 256001
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and Atlantic
Region; 2021–2022 Closure of
Commercial Run-Around Gillnet
Fishery for King Mackerel
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS closes commercial
harvest of king mackerel in the southern
zone of the Gulf of Mexico (Gulf)
exclusive economic zone (EEZ) using
run-around gillnet gear. NMFS has
determined that the commercial annual
catch limit (ACL) for king mackerel
harvested by run-around gillnet gear in
the Gulf southern zone has been
reached. Therefore, NMFS implements
an accountability measure (AM) and
closes the southern zone to commercial
king mackerel fishing using run-around
gillnet gear in the Gulf EEZ on March 2,
2022. This closure is necessary to
protect the Gulf king mackerel resource.
DATES: The closure is effective from 12
p.m. local time on March 2, 2022, until
6 a.m. local time on January 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: kelli.odonnell@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
in the Gulf includes king mackerel,
Spanish mackerel, and cobia, and is
managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and Atlantic Region (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils. NMFS
implements the FMP under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. All
weights for the Gulf migratory group of
king mackerel (Gulf king mackerel)
apply as either round or gutted weight.
The commercial fishery for Gulf king
mackerel is divided into western,
northern, and southern zones. The
southern zone for Gulf king mackerel
encompasses an area of the Gulf EEZ off
SUMMARY:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Collier and Monroe Counties in south
Florida, which is the EEZ south of a line
extending due west from the boundary
of Lee and Collier Counties on the
Florida west coast, and south of a line
extending due east from the boundary of
Monroe and Miami-Dade Counties on
the Florida east coast (50 CFR
622.369(a)(1)(iii)).
The commercial ACL for Gulf king
mackerel is divided into separate ACLs
for hook-and-line and run-around
gillnet gear. The use of run-around
gillnets for king mackerel is restricted to
the Gulf southern zone. The commercial
gillnet quota (equivalent to the
commercial gillnet ACL) for Gulf king
mackerel is normally 575,400 lb
(260,997 kg) and the current fishing year
is from July 1, 2021, through June 30,
2022 (50 CFR 622.384(b)(1)(iii)(B)).
However, on October 5, 2021, NMFS
published a temporary rule in the
Federal Register to reduce the
commercial gillnet ACL for the 2021–
2022 fishing year (86 FR 54871, October
5, 2021). NMFS determined that
landings in the 2020–2021 fishing year
of king mackerel harvested by runaround gillnet gear exceeded the
commercial quota of 575,400 lb (260,997
kg) by 11,920 lb (5,407 kg). The AM
specified in 50 CFR 622.388(a)(1)(iii)
states if commercial landings of king
mackerel caught by run-around gillnet
gear exceed the ACL, then NMFS will
reduce the commercial gillnet ACL in
the following fishing year by the amount
of the ACL overage. Therefore, NMFS
reduced the 2021–2022 commercial
gillnet ACL to 563,480 lb (255,590 kg)
for the 2021–2022 fishing year.
Further, regulations at 50 CFR
622.388(a)(1) require NMFS to close any
component of the king mackerel
commercial sector when its applicable
quota has been reached, or is projected
to be reached, by filing a notification to
that effect with the Office of the Federal
Register. NMFS has determined that for
the 2021–2022 fishing year, landings
have reached the commercial quota for
Gulf king mackerel on vessels using runaround gillnet gear in the southern zone.
Accordingly, commercial fishing using
such gear in the southern zone is closed
at 12 p.m. local time on March 2, 2022.
The next fishing season begins at 6 a.m.
local time on January 17, 2023, i.e., the
day after the 2023 Martin Luther King,
Jr. Federal holiday. Vessel operators that
have been issued a Federal commercial
permit to harvest Gulf king mackerel
using run-around gillnet gear in the
southern zone must have landed ashore
and bartered, traded, or sold such king
E:\FR\FM\02MRR1.SGM
02MRR1
]]>Agencies
[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Rules and Regulations]
[Pages 11590-11596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04291]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 220223-0053]
RIN 0648-BL26
Taking of Marine Mammals Incidental to Commercial Fishing
Operations; Atlantic Large Whale Take Reduction Plan Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is implementing a temporary emergency rule to prohibit
trap/pot fishery buoy lines between Federal and State waters within the
Massachusetts Restricted Area during the month of April 2022 to reduce
the incidental mortality and serious injury to North Atlantic right
whales (Eubalaena glacialis) in commercial lobster and Jonah crab trap/
pot fisheries. This emergency rule is necessary to reduce the risk of
right whale mortality and serious injury in buoy lines in an area with
a high co-occurrence of whales and buoy lines.
DATES: Effective April 1, 2022, through April 30, 2022.
ADDRESSES: Copies of the documents associated with this emergency rule
are available at https://www.fisheries.noaa.gov/alwtrp or by emailing
Marisa Trego at [email protected].
FOR FURTHER INFORMATION CONTACT: Marisa Trego, 978-282-8484,
[email protected], Colleen Coogan, 978 281-9181,
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The North Atlantic right whale (Eubalaena glacialis, hereafter
referred to as right whale) population has been in decline since 2010,
with the most recent published estimate of right whale population size
in 2019 at 368 whales (11) with a strong male bias (Pace et
al. 2017, Pace 2021). Preliminary 2020 and 2021 data suggest the
decline has continued and that fewer than 350 individuals remain
(Pettis et al. 2022). Though this population estimate is not final and
still undergoing final peer review, it relies upon the same peer-
reviewed population models used in
[[Page 11591]]
Pace et al. (2017) and Pace (2021) and is not expected to change
significantly in the final publication. The steep population decline is
a result of high levels of human-caused mortality caused by
entanglement in fishing gear and vessel strikes in both the U.S. and
Canada. An Unusual Mortality Event, as defined in section 410 of the
Marine Mammal Protection Act (MMPA), was declared for the population in
2017 as a result of high rates of entanglement in fishing gear and
vessel strikes. As of January 2022, the Event includes 34 detected
mortalities (17 in 2017, 3 in 2018, 10 in 2019, 2 in 2020, and 2 in
2021). In 2020, 16 serious injuries were documented (2 in 2017, 5 in
2018, 1 in 2019, 4 in 2020, and 4 in 2021; see: https://www.fisheries.noaa.gov/national/marine-life-distress/2017-2021-north-atlantic-right-whale-unusual-mortality-event). Mortality is higher than
what has been observed, according to population models that estimate
that 64 percent of all mortalities are not observed and accounted for
in the right whale observed incident data (Pace 2021, Pace et al.
2021).
The North Atlantic right whale is listed as an endangered species
under the Endangered Species Act, and considered a strategic stock
under the Marine Mammal Protection Act (MMPA). NMFS is required by the
MMPA to reduce the risk of serious injury and death caused by
entanglement in commercial fishing gear to a rate below the potential
biological removal level (PBR), prescribed as the maximum number of
animals that can be removed annually while allowing a marine mammal
stock to reach or maintain its optimal sustainable population level.
PBR for the North Atlantic right whale population was 0.7 whales per
year in the most recently published draft stock assessment report (NMFS
2021a). Between 2010 and 2021, there has only been one year where
observed mortality and serious injury of right whales fell below the
PBR at the time, which was an individual with a partial serious injury
given a prorated quantity of 0.75. With the total estimated mortality
well above PBR, additional measures are urgently needed to reduce the
impact of U. S. Atlantic fisheries on right whales.
The Atlantic Large Whale Take Reduction Plan (Plan) was originally
developed pursuant to section 118 of the MMPA (16 U.S.C. 1387) to
reduce mortality and serious injury of three stocks of large whales
(fin, humpback, and North Atlantic right) incidental to Category I and
II fisheries. Under the MMPA, a strategic stock of marine mammals is
defined as a stock: (1) For which the level of direct human-caused
mortality exceeds the Potential Biological Removal (PBR) level; (2)
which, based on the best available scientific information, is declining
and is likely to be listed as a threatened species under the Endangered
Species Act (ESA) of 1973 within the foreseeable future; or (3) which
is listed as a threatened or endangered species under the ESA or is
designated as depleted under the MMPA (16 U.S.C. 1362(19)). When
incidental mortality or serious injury of marine mammals from
commercial fishing exceeds a stock's PBR level, the MMPA directs NMFS
to convene a take reduction team made up of stakeholders, including:
representatives of Federal agencies; each coastal state which has
fisheries which interact with the species or stock; appropriate
Regional Fishery Management Councils; interstate fisheries commissions,
academic and scientific organizations; environmental groups; all
commercial and recreational fisheries groups and gear types which
incidentally take the species or stock; and, if relevant, Alaska Native
organizations or Indian tribal organizations.\1\
---------------------------------------------------------------------------
\1\ There are no Alaska Native or Indian tribal organizations
participating in fisheries managed under the Atlantic Large Whale
Take Reduction Team.
---------------------------------------------------------------------------
The Atlantic Large Whale Take Reduction Team (ALWTRT) was
established in 1996 and has 60 members, including about 22 trap/pot and
gillnet fishermen or fishery representatives. The background for the
take reduction planning process and initial development of the Plan is
provided in the preambles to the proposed (62 FR 16519, April 7, 1997),
interim final (62 FR 39157, July 22, 1997), and final (64 FR 7529,
February 16, 1999) rules implementing the initial plan. The Team met
and recommended modifications to the Plan, implemented by NMFS through
rulemaking, several times since 1997 in an ongoing effort to meet the
MMPA take reduction goals.
Mortalities and serious injuries of right whales in U.S. fishing
gear and first seen in U.S. waters at levels above PBR have continued.
NMFS informed the Team in late 2017 that it was necessary to reconvene
to develop recommendations to reduce the impacts of U.S. commercial
fisheries on large whales with a focus on reducing risk to the
declining North Atlantic right whale population. During a Team meeting
in April 2019, the Team recommended a framework of measures to modify
lobster and Jonah crab trap/pot trawls within the Northeast Region
Trap/Pot Management Area (Northeast Region). The recommended measures
intended to reduce risk of mortality and serious injury to right whales
incidentally entangled in buoy lines in those fisheries by at least 60
percent, which was the best estimate at the time of the minimum amount
of risk necessary to get annual severe entanglement rates below PBR
based on observed entanglement incidents. NMFS published a Final
Environmental Impact Statement (FEIS) on July 2, 2021 (86 FR 35288),
with a 30-day comment period. The Record of Decision was signed on
August 30, 2021, and the final rule was published on September 17, 2021
(86 FR 51970). The new rule was estimated to meet the minimum 60-
percent reduction in risk recommended by the Team in 2019. Greater
detail on right whale population estimates, the stock's decline,
changes in distribution and reproductive rates, and entanglement-
related mortalities and serious injuries documented in recent years can
be found in Chapters 2 and 4 of the FEIS (NMFS 2021b) and the preamble
to the 2021 final rule (86 FR 51970).
Justification for Emergency Action
New population information published since the 2019 Team meeting
and recent 2021 final rule suggest that a greater amount of risk
reduction is needed to reduce mortality and serious injury of right
whales in U.S. commercial fisheries below PBR, as required by the MMPA.
NMFS presented the new minimum risk reduction needed to the team in a
webinar on November 2, 2021, estimating an increase from the minimum of
60-percent risk reduction estimated in Phase 1 based on observed
incidents, to at least a 90-percent total risk reduction based on
estimated mortality. Phase 1 is intended to achieve an estimated 60-
percent reduction in entanglement risk from Northeast lobster and Jonah
crab trap pot fisheries, which make up approximately 93 percent of
fixed gear buoy lines in the right whale range within U.S. waters. A
rulemaking process for Phase 2 modifications to the Plan began on
August 11, 2021, with a Notice of Intent to prepare an Environmental
Impact Statement that aims to further reduce risk in all fisheries
covered under the plan coastwide. However, a single mortality or
serious injury of a North Atlantic right whale in a U.S. fishery would
exceed PBR. Therefore, observations in 2021 and new information
submitted to NMFS merit emergency measures in an area of anticipated
acute risk of entanglement
[[Page 11592]]
to the population while long-term measures are being developed.
One measure included in the 2021 final rule (86 FR 51970, September
17, 2021) has left a critical gap in protection where right whale
distribution information identifies a high risk of overlap between
right whales and buoy lines. Right whale monthly distribution data
identifies risk in unrestricted waters encapsulated on three sides by
the expanded Massachusetts Restricted Area (MRA) during the month of
April. The 2021 expansion of the geographic extent of the MRA to
include Massachusetts State waters north to the New Hampshire border
(MRA Expansion, Figure 1) mirrors the Massachusetts 2021 modification
of the State water closure (322 CMR 12.04(2)). With the implementation
of the MRA Expansion, approximately 200 square miles (518 square
kilometers) of Federal waters remain open to trap/pot fishing between
State and Federal closures creating a wedge where 2021 data indicate
that trap/pot gear is concentrated during the closure period (MRA
Wedge, Figure 2). During aerial surveys in April 2021, the Center for
Coastal Studies (CCS) observed right whales within this wedge alongside
the presence of aggregated fishing gear (Figure 2). The gear in this
area is thought to be a mix of actively fished gear and staged gear
that is placed in preparation for Federal waters within the MRA to open
in May. In addition, during April, fishermen anticipating the May 1
opening of Federal waters of the MRA may start bringing gear offshore
to prepare to move into the MRA. This, in addition to the gear from
fishermen already actively fishing outside of the buoy line closure
area, increases gear density in the area. Finally, weak insertion
requirements that reduce risk of serious entanglements included in the
2021 final rule will not yet be required in Federal waters until May 1,
2022. Given the dense concentration of high-strength vertical lines in
an area with persistent right whale presence, this wedge area presents
an imminent entanglement threat.
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[[Page 11593]]
[GRAPHIC] [TIFF OMITTED] TR02MR22.046
[[Page 11594]]
[GRAPHIC] [TIFF OMITTED] TR02MR22.047
BILLING CODE 3510-22-C
Emergency Measures
This emergency rule implements a fishery closure in the waters
nearly circumscribed by Federal and State waters of the MRA, where the
use of persistent trap/pot buoy lines is prohibited in April 2022
(Figure 2). This closure period is only a portion of the existing MRA
closure season as implemented in the 2021 final rule (86 FR 51970,
September 17, 2021), which is closed as of February 1 and continues
through April 30 in Federal waters, and in Massachusetts State waters
February 1 through May 15 with an option to open earlier or close
later, depending on right whale occurrence under State regulations (322
CMR 12.04(2)). Risk reduction and change in right whale co-occurrence
were calculated for this emergency measure using the same version of
the Decision Support Tool (V 3.1.0) that was used in the 2021 FEIS
(NMFS 2021b). The area restricted by this emergency rule includes
approximately 200 square miles (518 square kilometers and represents
about 2.2 percent of the pre-final rule risk of Northeast lobster and
Jonah crab trap/pot fisheries. Closure of this area to buoy lines in
April would result in 2- to 2.2-percent risk reduction, and 1.3- to
1.5-percent reduction in co-occurrence with right whales, depending on
whether gear is relocated or removed, respectively. When combined with
the 2021 final rule (86 FR 51970, September 17, 2021), this one-month
closure adds at least an additional 1.6-percent risk reduction due to
the interactive effects of an added closure during April with other
measures that weaken, reduce, or relocate buoy lines. Though this
additional reduction seems small, it offers measurable reduction in a
relatively small area for a very short time period.
The Decision Support Tool used to estimate risk reduction of these
[[Page 11595]]
measures relies on whale distribution data through 2018 and line
estimates from recent years before the new seasonal restricted area was
implemented. These data likely underestimate the risk reduction given
2020 and 2021 observations of right whale distribution and the 2021
restrictions may have pushed more gear into this area. Furthermore, the
right whale habitat density model produced by Duke University and used
within the Decision Support Tool estimates that approximately 4.6
whales are likely to be present in this locality during the month of
April, but observation data collected during April 2021 suggest that in
2022 there may be more right whales in the area than the model predicts
(Figure 2). Given the empirical evidence collected in 2021, it is
likely that the risk reduction estimated in this small area may have
even greater value to the right whale population than the percent
reduction suggests, particularly in years when right whale aggregations
are high.
The economic impact of an April fishery closure to lobster and
Jonah crab trap/pot buoy lines is estimated to be small relative to the
total value of the fishery. It is estimated to impact approximately 37
vessels and represents a landing value of approximately $2,210 per
vessel for a total cost of $82,869. This estimate is a worse-case
scenario that assumes the gear is removed rather than relocated
elsewhere. The number of vessels impacted was calculated from the
average number of vessels fishing within the MRA Wedge during April
from 2015 to 2019 according to Vessel Trip Report (VTR) data, and was
adjusted based on the average percentage of Lobster Management Area 1
lobster-only vessels required to provide VTR data in Massachusetts,
which is 42 percent. Landing values were similarly averaged for April
using landing pounds from VTR data and April lobster prices in
Massachusetts from dealer reports.
Classification
The NMFS Assistant Administrator has determined that this emergency
rule is consistent with the Plan, with the emergency rulemaking
authority under section 118(g) of the Marine Mammal Protection Act
(MMPA), and with other applicable laws. Further evaluation of this
authority and environmental impacts can be found at https://www.fisheries.noaa.gov/alwtrp. This emergency rule has been determined
to be not significant for the purposes of Executive Order 12866.
This emergency final rule is exempt from the procedures of the
Regulatory Flexibility Act because the rule will not include prior
notice or an opportunity for public comment.
This emergency final rule contains no information collection
requirements under the Paperwork Reduction Act of 1995.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries finds prior notice and public comment is not required because
it would be impracticable and contrary to the public interest. Right
whale monthly distribution data identifies risk in unrestricted waters
encapsulated on three sides by the expanded Massachusetts Restricted
Area (MRA) during the month of April. The 2021 expansion of the
geographic extent of the MRA to include Massachusetts State waters
north to the New Hampshire border (MRA Expansion, Figure 1) mirrors the
Massachusetts 2021 modification of the State water closure (322 CMR
12.04(2)). With the implementation of the MRA Expansion, approximately
200 square miles (518 square km) of Federal waters remain open to trap/
pot fishing between State and Federal closures creating a wedge where
2021 data indicates that trap/pot gear is concentrated during the
closure period (MRA Wedge, Figure 2). During aerial surveys in April
2021, the Center for Coastal Studies (CCS) observed right whales within
this wedge alongside the presence of aggregated fishing gear (Figure
2). The gear in this area is thought to be a mix of actively fished
gear and staged gear that is placed in preparation for Federal waters
within the MRA to open in May. In addition, during April fishermen
anticipating the May 1 opening of Federal waters of the MRA may start
bringing gear offshore to prepare to move into the MRA. This, in
addition to the gear from fishermen already actively fishing outside of
the buoy line closure area, could increase gear density in the area.
Finally, weak insertion requirements that reduce risk of serious
entanglements, included in the 2021 final rule, will not yet be
required in Federal waters until May 1, 2022. Given the dense
concentration of high-strength vertical lines in an area with
persistent right whale presence, this wedge area presents an imminent
entanglement threat.
In summary, this emergency action is necessary to prevent risk to
right whales in an area of elevated risk in Massachusetts Bay in April
2022. Providing prior notice through proposed rulemaking and public
comment period in the normal rulemaking process would be counter to
public interest by delaying implementation of emergency measures
intended to provide relief for this time sensitive management problem.
For the reasons outlined above, NMFS finds it impracticable and
contrary to the public interest to provide prior notice and public
comment on these emergency measures.
References
NMFS. 2019. Guidance on the Application of NEPA for Emergency
Response Actions. Memo to National Environmental Policy Act (NEPA)
Practitioners. September 23, 2019.
NMFS. 2021a. Draft U.S. Atlantic and Gulf of Mexico Marine Mammal
Stock Assessments 2021 https://media.fisheries.noaa.gov/2021-10/Draft%202021%20NE%26SE%20SARs.pdf.
NMFS. 2021b. Final Environmental Impact Statement, Regulatory Impact
Review, and Initial Regulatory Flexibility Analysis for Amending the
Atlantic Large Whale Take Reduction Plan: Risk Reduction Rule. NOAA,
National Marine Fisheries Service, Greater Atlantic Regional
Fisheries Office.
Pace, R.M., P.J. Corkeron, and S.D. Kraus. 2017. State-space mark-
recapture estimates reveal a recent decline in abundance of North
Atlantic right whales. Ecology and Evolution 7:8730-8741.
Pace, R.M. 2021. Revisions and Further Evaluations of the Right
Whale Abundance Model: Improvements for Hypothesis Testing. NOAA
Technical Memorandum NMFS-NE-269. Northeast Fisheries Science
Center, Woods Hole, MA.
Pace, R.M., R. Williams, S.D. Kraus, A.R. Knowlton, and H.M. Pettis.
2021. Cryptic mortality of North Atlantic right whales. Conservation
Science and Practice 2021:e346.
Pettis, H.M., R.M. Pace, and P.K. Hamilton. 2022. North Atlantic
Right Whale Consortium 2021 Annual Report Card. Report to the North
Atlantic Right Whale Consortium.
List of Subjects in 50 CFR Part 229
Administrative practice and procedure, Confidential business
information, Endangered Species, Fisheries, Marine mammals, Reporting
and recordkeeping requirements.
Dated: February 23, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 229 is amended
as follows:
PART 229--AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE
MAMMAL PROTECTION ACT OF 1972
0
1. The authority citation for 50 CFR part 229 continues to read as
follows:
[[Page 11596]]
Authority: 16 U.S.C. 1361 et seq.; Sec. 229.32(f) also issued
under 16 U.S.C. 1531 et seq.
0
2. In Sec. 229.32, add paragraph (c)(3)(iv) to read as follows:
Sec. 229.32 Atlantic large whale take reduction plan regulations.
* * * * *
(c) * * *
(3) * * *
(iv) Massachusetts Restricted Area emergency extension. During the
period April 1-30, 2022, the Massachusetts Restricted Area defined in
paragraph (c)(3)(i) of this section is extended from the Massachusetts
State waters boundary at MRAW1 to MRAW2 (also MRA3 in Table 11 to
paragraph (c)(3)(i)), then it is bounded by a rhumb line connecting
points MRAW2 to MRAW3 (MRA4), and then bounded by a rhumb line
connecting points MRAW3 through MRAW4 (MRA5) back to MRAW1, in the
order detailed in Table 11a to this paragraph (c)(3)(iv). From April 1,
2022, through April 30, 2022, it is prohibited to fish with, set, or
possess trap/pot gear in the area in this paragraph (c)(3)(iv) unless
it is fished without buoy lines or with buoy lines that are stored on
the bottom until remotely released for hauling, or buoy lines that are
stowed in accordance with Sec. 229.2. Authorizations for fishing
without buoy lines must be obtained if such fishing would not be in
accordance with surface marking requirements of Sec. Sec. 697.21 and
648.84 of this title or other applicable fishery management regulations
in this title. The minimum number of trap/trawl gear configuration
requirements specified in paragraph (c)(2)(iv) of this section remain
in effect unless an exemption to those requirements is authorized.
Table 11a to Paragraph (c)(3)(iv)
------------------------------------------------------------------------
Point Lat Long
------------------------------------------------------------------------
MRAW1............................. 42[deg]39.77'.... 70[deg]30'
MRAW2 (MRA3)...................... 42[deg]12'....... 70[deg]38.69'
MRAW3 (MRA4)...................... 42[deg]12'....... 70[deg]30'
MRAW4 (MRA5)...................... 42[deg]30'....... 70[deg]30'
MRAW1............................. 42[deg]39.77'.... 70[deg]30'
------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-04291 Filed 3-1-22; 8:45 am]
BILLING CODE 3510-22-P
