Pacific Island Pelagic Fisheries; False Killer Whale Take Reduction Plan; Trigger for the Southern Exclusion Zone Closure Met in 2021, 12941-12943 [2022-04869]

Download as PDF Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices Proposed Exemptions General Exemptions for Participating Vessels This EFP would exempt participating vessels from the IFM ASM coverage requirements at § 648.11(m)(1)(ii). This exemption would authorize participating vessels to use EM, coupled with portside sampling, to satisfy their IFM coverage requirements in lieu of carrying a human at-sea monitor. lotter on DSK11XQN23PROD with NOTICES1 Slippage Exemptions for Participating Vessels Fishing Outside of Groundfish Closed Areas This EFP would exempt participating vessels from the slippage definition at § 648.2 under the following circumstance: Participating vessels fishing outside of GCAs would be authorized to discard fish sorted at the grate (with the exception of haddock) in view of a camera on trips selected for portside sampling. These discards would not be considered slippage and would not trigger slippage consequence measures, but vessels would still be required to report them as discards. This exemption would not apply when vessels are fishing inside GCAs. When fishing inside GCAs, fish discarded at the grate after sorting would be considered slippage and would trigger slippage consequence measures. Vessels with observer or ASM coverage may discard fish at the grate after those fish are made available for sampling, and those discards are not considered slippage. However, fish discarded at the grate after sorting are considered slippage on vessels selected for portside sampling. This exemption would resolve operational differences resulting from the slippage definition and help create equity in vessel operations across gear and monitoring types. Feedback from industry suggests that only small quantities of fish are handpicked at the grate, so it is unlikely that this exemption would result in high volumes of fish being discarded prior to catch being sampled portside. Observer Exemptions for Participating Vessels Fishing Inside of Groundfish Closed Areas This EFP would exempt participating vessels from the Northeast multispecies season and area restrictions at § 648.202(b)(1), and from the prohibition against fishing in a Northeast multispecies closed area without an observer on board at § 648.14(r)(2)(v). The EFP would authorize participating vessels to use EM and portside sampling in lieu of carrying a human observer when fishing in a GCA on a trip not selected for VerDate Sep<11>2014 17:25 Mar 07, 2022 Jkt 256001 SBRM coverage. Purchasing portside sampling coverage to fish in GCAs is expected to be less expensive than purchasing observer coverage to fish in GCAs, so this exemption would provide an incentive for vessels to participate in the EFP. This exemption would also allow NMFS to assess the feasibility of using EM and portside sampling to monitor midwater trawl herring trips fished in GCAs. Operational Discarding Exemptions for Participating Vessels Fishing Inside of GCAs This EFP would exempt participating vessels from season and area restrictions at § 648.202(b)(2) and (4) when operationally discarding catch. The EFP would authorize participating vessels to operationally discard catch in GCAs without triggering the consequence measures described at § 648.202(b)(4). Operational discards in the herring fishery are defined as ‘‘small amounts of fish that cannot be pumped on board and remain in the codend or seine at the end of pumping operations.’’ Midwater trawl vessels are permitted to operationally discard outside of GCAs without triggering consequence measures, but not inside GCAs. This exemption would allow participating vessels to maintain operational consistency inside and outside of GCAs. This exemption would also allow NMFS to collect additional information on the frequency of operational discards in GCAs. This exemption would not undermine conservation objectives because participating vessels would be fully monitored on 100 percent of trips and would be fully accountable for their catch in GCAs. If approved, minor modifications and extensions to the EFP may be made throughout the year. EFP modifications and extensions may be granted without further notice if they are deemed essential to facilitate completion of the proposed research and have minimal impacts that do not change the scope or impact of the initially approved EFP request. Any fishing activity conducted outside the scope of the exempted fishing activity would be prohibited. Authority: 16 U.S.C. 1801 et seq. Dated: March 1, 2022. Ngagne Jafnar Gueye, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–04868 Filed 3–7–22; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 12941 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB689] Pacific Island Pelagic Fisheries; False Killer Whale Take Reduction Plan; Trigger for the Southern Exclusion Zone Closure Met in 2021 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: In 2021, four observed mortalities or serious injuries (M&SI) of false killer whales occurred incidental to the Hawaii deep-set longline fishery within the U.S. Exclusive Economic Zone (EEZ) around Hawaii on January 18, 2021, March 26, 2021, April 17, 2021, and November 19, 2021. These M&SI met the established annual trigger of four observed M&SI for closing the Southern Exclusion Zone (SEZ) to deepset longline fishing under the False Killer Whale Take Reduction Plan (Plan) regulations. In accordance with the Plan regulations a closure of the SEZ is required through the end of the fishing year. Because the injury determination for the fourth interaction meeting the trigger was not available until January 2022, the timeframe for closing the SEZ in 2021 had passed, and the SEZ was not closed. In accordance with the Plan regulations, the requirements for closure of the SEZ were met in 2021, therefore, if the trigger is met in 2022, the process for closure of the SEZ will follow the procedures described in the Plan regulations. SUMMARY: Comments on this notice must be received by April 7, 2022. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2022–0027 by either of the following methods: Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2022–0027 in the search box. Click the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR), attention Diana Kramer, Protected Resources, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818. Instructions: NMFS may not consider comments sent by any other method, to any other address or individual, or DATES: E:\FR\FM\08MRN1.SGM 08MRN1 12942 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices received after the end of the comment period. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Diana Kramer, Protected Resources, NMFS Pacific Islands Regional Office, 808–725–5167, diana.kramer@noaa.gov; or Kristy Long, NMFS Office of Protected Resources, 301–427–8402, kristy.long@noaa.gov. The Plan was implemented on December 31, 2012, pursuant to section 118(f) of the Marine Mammal Protection Act (MMPA) to reduce the level of M&SI of the Hawaii pelagic and Hawaii insular stocks of false killer whales incidental to the Hawaii longline fisheries (77 FR 71260; November 29, 2012). The Plan, based on consensus recommendations from the False Killer Whale Take Reduction Team (Team), was implemented by regulation and created the SEZ, which would be closed to deep-set longline fishing if a certain number (trigger) of false killer whale M&SI are observed incidental to the deep-set fishery in the EEZ. As described in the Plan regulations (50 CFR 229.37(d)(2)), the SEZ is bounded on the east at 154° 30′ W longitude, on SUPPLEMENTARY INFORMATION: the west at 165° W longitude, on the north by the boundaries of the Main Hawaiian Islands Longline Fishing Prohibited Area and Papahanaumokuakea Marine National Monument, and on the south by the EEZ boundary (see Figure 1). An SEZ closure is triggered if, after expanding the number of observed M&SI, the Hawaii pelagic stock’s potential biological removal (PBR) level has been exceeded. On December 15, 2020, NMFS closed the SEZ after four observed false killer whale M&SI within the EEZ around Hawai‘i incidental to the Hawaii deepset longline fishery, following the trigger calculations as defined in the Plan (85 FR 81184; December 15, 2020). .115VO"W N A ."''\,. .. '\, '\ \ \. I. l i ·I "!(l' O' \!V / . .. .· / ......✓ ...... $outh(;tm .Exclusion· Zone / : .,;. In 2021, NMFS-certified fishery observers documented four false killer whale interactions during deep-set trips inside the U.S. EEZ around Hawaii on the following dates: January 18, 2021, March 26, 2021, April 17, 2021, and November 19, 2021. Three of these interactions resulted in serious injuries and one resulted in a mortality. These four M&SI met the trigger for closure of the SEZ in 2021. NMFS has determined that the SEZ trigger (i.e., four M&SI) has VerDate Sep<11>2014 17:25 Mar 07, 2022 Jkt 256001 been met, and closing the SEZ to deepset longline fishing is required until the end of the fishing year (December 31) as described in 50 CFR 229.37(e)(3). Under a plain reading of section 229.37(e)(3), NMFS applies the closure in the fishing year that the triggering M&SI occurs. Because the final injury determination for the fourth interaction meeting the trigger was not available until January 2022, the timeframe for closing the SEZ in 2021 had passed, and the SEZ was PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 not closed in 2021. Therefore, the requirements for an SEZ closure under 50 CFR 229.37(e)(3) were met in 2021 and if the trigger is met in 2022, NMFS will follow the procedure for closing the SEZ until the reopening criteria are met as described in 50 CFR 229.37(e)(5). Classification Prior notice and comment is unnecessary because the take reduction plan final rule (77 FR 71259, November E:\FR\FM\08MRN1.SGM 08MRN1 EN08MR22.000</GPH> lotter on DSK11XQN23PROD with NOTICES1 Figure 1. Southern Exclusion Zone Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices 29, 2012) that implements the procedures for closing the SEZ (codified at 50 CFR 229.37(e)) has already been subject to an extensive public process, including the opportunity for prior notice and comment. All that remains is to notify the public that the trigger for closing the SEZ under Plan regulations at 50 CFR 229.37(e)(3) was met in 2021, and that NMFS will proceed with the closure procedure under 50 CFR 229.37(e)(5) should the trigger be met in 2022. Authority: 16 U.S.C. 1361 et seq. Dated: March 2, 2022. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2022–04869 Filed 3–7–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF EDUCATION [Docket No.: ED–2022–SCC–0034] Agency Information Collection Activities; Comment Request; Cancer Treatment Deferment Federal Student Aid (FSA), Department of Education (ED). ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension without change of a currently approved collection. DATES: Interested persons are invited to submit comments on or before May 9, 2022. SUMMARY: To access and review all the documents related to the information collection listed in this notice, please use https://www.regulations.gov by searching the Docket ID number ED– 2022–SCC–0034. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at https:// www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the regulations.gov site is not available to the public for any reason, ED will temporarily accept comments at ICDocketMgr@ed.gov. Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the PRA Coordinator of the lotter on DSK11XQN23PROD with NOTICES1 ADDRESSES: VerDate Sep<11>2014 17:25 Mar 07, 2022 Jkt 256001 Strategic Collections and Clearance Governance and Strategy Division, U.S. Department of Education, 400 Maryland Ave. SW, LBJ, Room 6W208D, Washington, DC 20202–8240. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Beth Grebeldinger, (202) 377–4018. SUPPLEMENTARY INFORMATION: The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records. Title of Collection: Cancer Treatment Deferment. OMB Control Number: 1845–0154. Type of Review: Extension without change of a currently approved collection. Respondents/Affected Public: Individuals or Households . Total Estimated Number of Annual Responses: 5,000. Total Estimated Number of Annual Burden Hours: 833. Abstract: The Department of Education (Department) is requesting an extension of the current Cancer Treatment Deferment Form information collection, OMB Control Number 1845– 0154. This collection is used to obtain information from federal student loan borrowers to determine eligibility for a deferment of repayment of their federal student loan while receiving cancer treatment and for the 6-month period PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 12943 after such treatment. Section 309 of the Consolidated Appropriations Act, 2019, (Pub. L. 115–245) included a provision for the Department to implement this circumstance as a basis for deferment. Due to the effects of the COVID–19 pandemic and the suspension of the collection of loans, the Department lacks sufficient data to allow for updates to the usage of these forms. Dated: March 3, 2022. Kate Mullan, PRA Coordinator, Strategic Collections and Clearance, Governance and Strategy Division, Office of Chief Data Officer, Office of Planning, Evaluation and Policy Development. [FR Doc. 2022–04846 Filed 3–7–22; 8:45 am] BILLING CODE 4000–01–P ELECTION ASSISTANCE COMMISSION Voting System Anomaly Reporting and Root Cause Analysis; Survey and Submission to OMB of Proposed Collection of Information U.S. Election Assistance Commission. ACTION: Notice; request for comment. AGENCY: In compliance with the Paperwork Reduction Act of 1995, the EAC announces an information collection and seeks public comment on the provisions thereof. The EAC intends to submit this proposed information collection to the Director of the Office of Management and Budget for approval. The U.S. Election Assistance Commission (EAC) is publishing two information collecting forms for its Voting System Testing and Certification Program. The information collected is to be used to improve the quality of voting systems used in federal elections. Participation in this program is voluntary. The program is mandated by the Help America Vote Act (HAVA). DATES: Comments should be submitted by 5 p.m. on Tuesday, May 3, 2022. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 60-day Review—Open for Public Comments’’ or by using the search function. SUMMARY: Paul Aumayr, Senior Election Technology Specialist, Testing and Certification Program, Washington, DC, (301)–563– 3919. All requests and submissions should be identified by the title of the information collection. FOR FURTHER INFORMATION CONTACT: E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12941-12943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04869]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB689]


Pacific Island Pelagic Fisheries; False Killer Whale Take 
Reduction Plan; Trigger for the Southern Exclusion Zone Closure Met in 
2021

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: In 2021, four observed mortalities or serious injuries (M&SI) 
of false killer whales occurred incidental to the Hawaii deep-set 
longline fishery within the U.S. Exclusive Economic Zone (EEZ) around 
Hawaii on January 18, 2021, March 26, 2021, April 17, 2021, and 
November 19, 2021. These M&SI met the established annual trigger of 
four observed M&SI for closing the Southern Exclusion Zone (SEZ) to 
deep-set longline fishing under the False Killer Whale Take Reduction 
Plan (Plan) regulations. In accordance with the Plan regulations a 
closure of the SEZ is required through the end of the fishing year. 
Because the injury determination for the fourth interaction meeting the 
trigger was not available until January 2022, the timeframe for closing 
the SEZ in 2021 had passed, and the SEZ was not closed. In accordance 
with the Plan regulations, the requirements for closure of the SEZ were 
met in 2021, therefore, if the trigger is met in 2022, the process for 
closure of the SEZ will follow the procedures described in the Plan 
regulations.

DATES: Comments on this notice must be received by April 7, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0027 by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2022-0027 in the search box. Click the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Michael D. Tosatto, Regional 
Administrator, NMFS Pacific Islands Region (PIR), attention Diana 
Kramer, Protected Resources, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 
96818.
    Instructions: NMFS may not consider comments sent by any other 
method, to any other address or individual, or

[[Page 12942]]

received after the end of the comment period. All comments received are 
a part of the public record and will generally be posted for public 
viewing on www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Diana Kramer, Protected Resources, 
NMFS Pacific Islands Regional Office, 808-725-5167, 
[email protected]; or Kristy Long, NMFS Office of Protected 
Resources, 301-427-8402, [email protected].

SUPPLEMENTARY INFORMATION: The Plan was implemented on December 31, 
2012, pursuant to section 118(f) of the Marine Mammal Protection Act 
(MMPA) to reduce the level of M&SI of the Hawaii pelagic and Hawaii 
insular stocks of false killer whales incidental to the Hawaii longline 
fisheries (77 FR 71260; November 29, 2012). The Plan, based on 
consensus recommendations from the False Killer Whale Take Reduction 
Team (Team), was implemented by regulation and created the SEZ, which 
would be closed to deep-set longline fishing if a certain number 
(trigger) of false killer whale M&SI are observed incidental to the 
deep-set fishery in the EEZ. As described in the Plan regulations (50 
CFR 229.37(d)(2)), the SEZ is bounded on the east at 154[deg] 30' W 
longitude, on the west at 165[deg] W longitude, on the north by the 
boundaries of the Main Hawaiian Islands Longline Fishing Prohibited 
Area and Papahanaumokuakea Marine National Monument, and on the south 
by the EEZ boundary (see Figure 1). An SEZ closure is triggered if, 
after expanding the number of observed M&SI, the Hawaii pelagic stock's 
potential biological removal (PBR) level has been exceeded. On December 
15, 2020, NMFS closed the SEZ after four observed false killer whale 
M&SI within the EEZ around Hawai`i incidental to the Hawaii deep-set 
longline fishery, following the trigger calculations as defined in the 
Plan (85 FR 81184; December 15, 2020).
[GRAPHIC] [TIFF OMITTED] TN08MR22.000

    In 2021, NMFS-certified fishery observers documented four false 
killer whale interactions during deep-set trips inside the U.S. EEZ 
around Hawaii on the following dates: January 18, 2021, March 26, 2021, 
April 17, 2021, and November 19, 2021. Three of these interactions 
resulted in serious injuries and one resulted in a mortality. These 
four M&SI met the trigger for closure of the SEZ in 2021. NMFS has 
determined that the SEZ trigger (i.e., four M&SI) has been met, and 
closing the SEZ to deep-set longline fishing is required until the end 
of the fishing year (December 31) as described in 50 CFR 229.37(e)(3). 
Under a plain reading of section 229.37(e)(3), NMFS applies the closure 
in the fishing year that the triggering M&SI occurs. Because the final 
injury determination for the fourth interaction meeting the trigger was 
not available until January 2022, the timeframe for closing the SEZ in 
2021 had passed, and the SEZ was not closed in 2021. Therefore, the 
requirements for an SEZ closure under 50 CFR 229.37(e)(3) were met in 
2021 and if the trigger is met in 2022, NMFS will follow the procedure 
for closing the SEZ until the reopening criteria are met as described 
in 50 CFR 229.37(e)(5).

Classification

    Prior notice and comment is unnecessary because the take reduction 
plan final rule (77 FR 71259, November

[[Page 12943]]

29, 2012) that implements the procedures for closing the SEZ (codified 
at 50 CFR 229.37(e)) has already been subject to an extensive public 
process, including the opportunity for prior notice and comment. All 
that remains is to notify the public that the trigger for closing the 
SEZ under Plan regulations at 50 CFR 229.37(e)(3) was met in 2021, and 
that NMFS will proceed with the closure procedure under 50 CFR 
229.37(e)(5) should the trigger be met in 2022.
    Authority: 16 U.S.C. 1361 et seq.

    Dated: March 2, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-04869 Filed 3-7-22; 8:45 am]
BILLING CODE 3510-22-P