Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2021-2022 Closure of Commercial Run-Around Gillnet Fishery for King Mackerel, 11596-11597 [2022-04394]
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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]
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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
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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
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02MRR1
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
mackerel prior to 12 p.m. local time on
March 2, 2022.
Persons on a vessel using hook-andline gear in the southern zone for which
a Federal commercial permit for Gulf
king mackerel has been issued, except
persons on such a vessel also issued a
Federal commercial permit to harvest
Gulf king mackerel using run-around
gillnet gear, may fish for or retain Gulf
king mackerel unless the southern zone
commercial quota for hook-and-line gear
has been met and the hook-and-line
component of the commercial sector has
been closed. In addition, as long as the
recreational sector for Gulf king
mackerel is open (50 CFR 622.384(e)(1)),
a person on a vessel that has a valid
Federal commercial gillnet permit for
king mackerel may continue to retain
king mackerel under the recreational
bag and possession limits set forth in 50
CFR 622.382(a)(1)(ii) and (a)(2).
During the commercial closure, Gulf
king mackerel harvested using runaround gillnet gear in the southern zone
may not be purchased or sold. This
prohibition does not apply to Gulf king
mackerel harvested using run-around
gillnet gear in the southern zone that
were harvested, landed ashore, and sold
prior to the closure and were held in
cold storage by a dealer or processor (50
CFR 622.384(e)(2)).
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Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.388(a)(1), which was issued
pursuant to section 304(b) of the
Magnuson-Stevens Act, and is exempt
from review under Executive Order
12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment is
unnecessary and contrary to the public
interest. Such procedure is unnecessary
because the regulations associated with
the commercial quota and associated
AM for Gulf king mackerel have already
been subject to notice and public
comment, and all that remains is to
notify the public of the closure. Prior
notice and opportunity for public
comment on this action is contrary to
the public interest because of the need
to immediately implement the closure
to protect the Gulf king mackerel
resource. The capacity of the
commercial fishing fleet allows for rapid
harvest of the commercial quota, and
any delay in the closure could result in
the commercial quota being exceeded.
Prior notice and opportunity for public
comment would require time and would
VerDate Sep<11>2014
16:19 Mar 01, 2022
Jkt 256001
potentially result in a harvest that
exceeds the commercial quota.
For the previously stated reasons,
there is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effectiveness of this action.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 25, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–04394 Filed 2–25–22; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 220223–0055]
RIN 0648–BK73
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pink
Shrimp and Midwater Trawl
Exemptions to Vessel Monitoring
System Requirements for the West
Coast Groundfish Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This rule revises monitoring
provisions that specify exemptions for
non-groundfish trawl vessels
participating in the Pacific coast pink
shrimp fishery and for groundfish
midwater trawl vessels. In a final rule
on vessel movement, monitoring, and
declaration management for the Pacific
coast groundfish fishery published on
June 11, 2020, vessels in the pink
shrimp trawl fishery were incorrectly
included with other open access nongroundfish trawl vessels that became
subject to a higher position transmission
rate on their NMFS type-approved
vessel monitoring system (VMS) units.
This final rule corrects the error and
returns the required transmission rate
for vessels in the pink shrimp trawl
fishery to once every 60 minutes, as
recommended by the Pacific Fishery
Management Council (Council). This
action also corrects a citation error in
the VMS regulations with regards to
exemptions for midwater trawl vessels,
as well as a typographical error in the
trawl fishery prohibitions.
DATES: Effective April 1, 2022.
ADDRESSES: Copies of the analytic
document supporting this action, are
SUMMARY:
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Fmt 4700
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11597
available via the Federal eRulemaking
Portal: https://www.regulations.gov,
docket NOAA–NMFS–2021–0085, or by
contacting the Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
FOR FURTHER INFORMATION CONTACT: Matt
Dunlap, Fishery Policy Analyst, 206–
526–6019, or matthew.dunlap@
noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2020, NMFS published a
final rule on vessel movement,
monitoring, and declaration
management that revised reporting and
monitoring provisions for vessels
participating in the Pacific coast
groundfish fishery (85 FR 35594). The
rule increased the vessel position
frequency to improve NMFS’s ability to
enforce fishing activity around
restricted areas. The rule required an
increase in the position transmission
rate from once every 60 minutes to once
every 15 minutes for groundfish vessels
using NMFS type-approved VMS units.
This increase in frequency produces
more course, location, and speed data to
improve NMFS’s ability to identify
whether vessels are continuously
transiting in restricted areas or not. The
Council discussed and recommended an
exemption to the increased transmission
rate for vessels fishing in the pink
shrimp trawl fishery because this
fishery is not subject to restrictions
against trawling in Rockfish
Conservation Areas (RCAs) and because
the Council and NMFS Office of Law
Enforcement did not have concerns with
enforcing pink shrimp trawling
restrictions in Essential Fish Habitat
(EFH) Conservation Areas. However, the
exemption for pink shrimp trawl vessels
was inadvertently not included in the
original proposed or final rule. This
final rule adds the exemption to the
increased ping rate for pink shrimp
trawl vessels, corrects a citation error in
the midwater trawl exemption at 50 CFR
660.14(d)(3)(ii)(B), and corrects a
typographical error in the prohibitions
section of the trawl fishery regulations
at 50 CFR 660.112(b)(1)(x).
Between September 2014 and April
2016, the Council developed and
considered management measures to
address a range of vessel and gear
movement issues and aggregated these
issues under a single vessel movement
monitoring agenda item. Additional
details about the Council’s
considerations are included in the
Council’s analytical document (see
ADDRESSES). The Council’s public
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]]>Agencies
[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Rules and Regulations]
[Pages 11596-11597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04394]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160426363-7275-02; RTID 0648-XB854]
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
Atlantic Region; 2021-2022 Closure of Commercial Run-Around Gillnet
Fishery for King Mackerel
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: 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:
[email protected].
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 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 run-around 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 run-around 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
[[Page 11597]]
mackerel prior to 12 p.m. local time on March 2, 2022.
Persons on a vessel using hook-and-line gear in the southern zone
for which a Federal commercial permit for Gulf king mackerel has been
issued, except persons on such a vessel also issued a Federal
commercial permit to harvest Gulf king mackerel using run-around
gillnet gear, may fish for or retain Gulf king mackerel unless the
southern zone commercial quota for hook-and-line gear has been met and
the hook-and-line component of the commercial sector has been closed.
In addition, as long as the recreational sector for Gulf king mackerel
is open (50 CFR 622.384(e)(1)), a person on a vessel that has a valid
Federal commercial gillnet permit for king mackerel may continue to
retain king mackerel under the recreational bag and possession limits
set forth in 50 CFR 622.382(a)(1)(ii) and (a)(2).
During the commercial closure, Gulf king mackerel harvested using
run-around gillnet gear in the southern zone may not be purchased or
sold. This prohibition does not apply to Gulf king mackerel harvested
using run-around gillnet gear in the southern zone that were harvested,
landed ashore, and sold prior to the closure and were held in cold
storage by a dealer or processor (50 CFR 622.384(e)(2)).
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.388(a)(1), which was
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is
exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment is unnecessary and contrary to the public interest. Such
procedure is unnecessary because the regulations associated with the
commercial quota and associated AM for Gulf king mackerel have already
been subject to notice and public comment, and all that remains is to
notify the public of the closure. Prior notice and opportunity for
public comment on this action is contrary to the public interest
because of the need to immediately implement the closure to protect the
Gulf king mackerel resource. The capacity of the commercial fishing
fleet allows for rapid harvest of the commercial quota, and any delay
in the closure could result in the commercial quota being exceeded.
Prior notice and opportunity for public comment would require time and
would potentially result in a harvest that exceeds the commercial
quota.
For the previously stated reasons, there is good cause under 5
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness of this
action.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 25, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-04394 Filed 2-25-22; 4:15 pm]
BILLING CODE 3510-22-P
