886 Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Rules and Regulations 

1A WCPFC Observer means a person authorized 

by the Commission in accordance with any 

procedures established by the Commission to 

undertake vessel observer duties as part of the 

Commission’s Regional Observer Programme, 

including an observer deployed as part of a NMFSadministered observer program or as part of another 

national or sub-regional observer program, provided 

that such program is authorized by the Commission 

to be part of the Commission’s Regional Observer 

Programme. See 50 CFR 300.211. 

FOR FURTHER INFORMATION CONTACT: Rini 

Ghosh, NMFS Pacific Islands Regional 

Office, 808–725–5033. 

SUPPLEMENTARY INFORMATION: Under 

authority of the WCPFC Implementation 

Act (16 U.S.C. 6901 et seq.), NMFS 

published an interim final rule that 

established a framework to implement 

short-notice WCPFC decisions. NMFS 

simultaneously issued temporary 

specifications to implement three shortnotice WCPFC decisions until 

September 14, 2021. Additional 

background information on the 

Commission, the Convention, the 

interim final rule, and temporary 

specifications, is available in the 

Federal Register document that 

includes the interim final rule and 

temporary specifications (86 FR 31178; 

June 11, 2021). Pursuant to a WCPFC 

decision, NMFS extended the effective 

date of the temporary specifications 

until January 13, 2022 (86 FR 48916; 

September 1, 2021). 

WCPFC Emergency Decisions and 

NMFS Implementation 

On April 8, 2020, in response to the 

international concerns over the health of 

observers and vessel crews due to 

COVID–19, the Commission made an 

intersessional decision to suspend the 

requirements for observer coverage on 

purse seine vessels on fishing trips in 

the Convention Area through May 31, 

2020. The Commission subsequently 

extended that decision several times, 

and the current extension is effective 

until March 15, 2022. 

On April 20, 2020, in response to the 

international concerns over the health of 

vessel crews and port officials due to 

COVID–19, the Commission made an 

intersessional decision to modify the 

prohibition on at-sea transshipment for 

purse seine vessels as follows—purse 

seine vessels can conduct at-sea 

transshipment in an area under the 

jurisdiction of a port State, if 

transshipment in port cannot be 

conducted, in accordance with the 

domestic laws and regulations of the 

port State. The Commission 

subsequently extended that decision 

and the current extension is effective 

until March 15, 2022. NMFS waived the 

requirement under 50 CFR 300.216(b)(1) 

by temporary specification until January 

13, 2022. 

On May 13, 2020, in response to the 

international concerns over the health of 

observers and vessel crews due to 

COVID–19, the Commission made an 

intersessional decision to suspend the 

requirements for observer coverage for 

at-sea transshipments. The Commission 

subsequently extended that decision 

and the current extension is effective 

until March 15, 2022. NMFS waived the 

requirements under 50 CFR 300.215(d) 

and 50 CFR 300.216(b)(2) by temporary 

specification until January 13, 3022. 

Extension of Temporary Specifications 

NMFS is using the framework as set 

forth at 50 CFR 300.228 to extend the 

effective date of the temporary 

specifications implementing the three 

recent WCPFC intersessional decisions 

(WCPFC decisions dated April 8, 2020, 

April 20, 2020, and May 13, 2020), 

described above, that are in effect until 

March 15, 2022. The regulations to 

implement short-notice WCPFC 

decisions at 50 CFR 300.228 provide 

that temporary specifications to 

implement such short-notice decisions 

will remain in effect no longer than 30 

days after the expiration of the 

underlying Commission decision. 

Accordingly, the requirements of the 

following regulations are waived. Such 

waiver shall remain in effect until April 

14, 2022, unless NMFS earlier rescinds 

or extends this waiver by publication in 

the Federal Register: 

• 50 CFR 300.223(e)(1). During the 

term of this waiver, U.S. purse seine 

vessels are not required to carry WCPFC 

observers 1 on all fishing trips in the 

Convention Area. However, the 

regulations at 50 CFR 300.215(c)(1) that 

require all vessels with WCPFC Area 

Endorsements or for which WCPFC 

Area Endorsements are required to carry 

WCPFC observers when directed by 

NMFS remain in effect; 

• 50 CFR 300.216(b)(1). During the 

term of this waiver, U.S. purse seine 

fishing vessels are not prohibited from 

at-sea transshipment conducted within 

the national waters of the coastal state, 

in accordance with applicable national 

laws. Transshipment on the high seas 

remains prohibited; and 

• 50 CFR 300.216(b)(2) and 50 CFR 

300.215(d). During the term of this 

waiver, owners and operators of U.S. 

commercial fishing vessels fishing for 

highly migratory species in the 

Convention Area are not prohibited 

from at-sea transshipment without a 

WCPFC observer on board the 

offloading or receiving vessel. 

Classification 

NMFS issues this action pursuant to 

the WCPFC Implementation Act and the 

regulations at 50 CFR 300.228. This 

action is exempt from review under 

Executive Order 12866. 

There is good cause under 5 U.S.C. 

553(b)(B) to waive prior notice and the 

opportunity for public comment on the 

interim final rule and temporary 

measures included in this action, 

because prior notice and the 

opportunity for public comment is 

unnecessary and would be contrary to 

the public interest. Opportunity for 

public comment is unnecessary because 

the regulations establishing the 

framework and providing notice of the 

Commission’s decisions described 

above have already been subject to 

notice and public comment, and all that 

remains is to notify the public of the 

extension of those Commission 

decisions. NMFS will be responding to 

public comments received on the 

framework and those Commission 

decisions in a separate rule. In addition, 

the opportunity for public comment is 

unnecessary because the extensions of 

effective date of three short-notice 

WCPFC decisions have already gone 

into effect and as a contracting party to 

the Convention, NMFS is obligated to 

carry out those extensions. 

For the reasons articulated above, 

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

553(d)(3) to waive the 30-day delay in 

effective dates for the temporary 

measures. 

Authority: 16 U.S.C. 6901 et seq. 

Dated: January 4, 2022. 

Ngagne Jafnar Gueye, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–00114 Filed 1–6–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140819687–5583–02; RTID 

0648–XB688] 

Coastal Migratory Pelagic Resources 

of the Gulf of Mexico and Atlantic 

Region; 2021–2022 Commercial 

Closure for Spanish Mackerel in the 

Atlantic Southern Zone; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


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Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Rules and Regulations 887 

ACTION: Temporary rule; correction. 

SUMMARY: NMFS corrects the temporary 

rule that published in the Federal 

Register on January 3, 2022, which 

announced the incorrect effective date 

of January 3, 2022, for the closure of the 

Atlantic southern zone to commercial 

harvest of Spanish mackerel. The 

correct effective date for the closure is 

January 5, 2022. NMFS identified 

several errors with references to 

incorrect dates, so the purpose of this 

correction is to fix those errors. 

DATES: This correction to the temporary 

rule is effective on January 5, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, or 

email: mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Corrections 

In the Federal Register of January 3, 

2022, in FR Doc. 2021–28442, make the 

following corrections: 

1. On page 53, in the first and second 

columns, correct the second and third 

sentences of the SUMMARY caption to 

read: ‘‘NMFS has determined that the 

commercial quota for Spanish mackerel 

in the Atlantic southern zone will be 

reached by January 5, 2022. Therefore, 

NMFS closes the Atlantic southern zone 

to commercial harvest of Spanish 

mackerel on January 5, 2022.’’ 

2. On page 53, in the second column, 

correct the DATES caption to read: ‘‘This 

temporary rule is effective from 6 a.m. 

eastern time on January 5, 2022, until 

12:01 a.m. eastern time on March 1, 

2022.’’ 

3. On page 53, in the third column, 

correct the last two sentences which 

begin at the eighth line of the paragraph 

carrying over from the second to the 

third column of the SUPPLEMENTARY

INFORMATION caption to read: ‘‘NMFS 

has determined that the commercial 

quota for Atlantic Spanish mackerel in 

the southern zone will be reached by 

January 5, 2022. Accordingly, the 

commercial sector for Atlantic Spanish 

mackerel in the southern zone is closed 

effective at 6 a.m. eastern time on 

January 5, 2022, through February 28, 

2022, the end of the current fishing 

year.’’ 

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

Dated: January 4, 2022. 

Ngagne Jafnar Gueye, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–00124 Filed 1–4–22; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 220103–0001; RTID 0648– 

XX077] 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; 

Adjustments to 2022 Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary final rule; 

adjustment of specifications. 

SUMMARY: In accordance with the 

regulations implementing the Atlantic 

Herring Fishery Management Plan, this 

action adjusts the 2022 harvest 

specifications for the herring fishery. 

Specifically, it adjusts catch limits in 

the four herring management areas 

(Areas 1A, 1B, 2, and 3) to account for 

catch overages and underages in those 

areas during 2020. This action is 

necessary to help prevent overfishing 

ensure and support the harvest of 

optimum yield consistent with the 

requirements of the Atlantic Herring 

Fishery Management Plan. 

DATES: Effective January 4, 2022, 

through December 31, 2022. 

ADDRESSES: Copies of supporting 

documents, including Framework 8 to 

Atlantic Herring Fishery Management 

Plan (FMP), are available from the 

Sustainable Fisheries Division, Greater 

Atlantic Regional Fisheries Office, 55 

Great Republic Drive, Gloucester, MA 

01930, telephone (978) 281–9315, or 

online at: https://www.nefmc.org and 

https://www.fisheries.noaa.gov/species/ 

atlantic-herring#management. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Nordeen, Fishery Policy Analyst, 

978–281–9272. 

SUPPLEMENTARY INFORMATION: 

Background 

The Atlantic herring harvest in the 

United States is managed under the 

Atlantic Herring FMP developed by the 

New England Fishery Management 

Council and approved by NMFS. The 

FMP divides the herring annual catch 

limit (ACL) among three management 

areas, one of which has two sub-areas. 

It divides Area 1 (located in the Gulf of 

Maine (GOM)) into an inshore section 

(Area 1A) and an offshore section (Area 

1B). Area 2 is located in the coastal 

waters between Massachusetts and 

North Carolina, and Area 3 is on 

Georges Bank (GB). The FMP considers 

the herring stock complex to be a single 

stock, but there are inshore (GOM) and 

offshore (GB) stock components. The 

GOM and GB stock components 

segregate during spawning and mix 

during feeding and migration. Each 

management area has its own sub-ACL 

to allow greater control of the fishing 

mortality on each stock component. 

NMFS issued a final rule that 

implemented Amendment 4 to the FMP 

(76 FR 11373; March 2, 2011) to address 

ACL and accountability measure (AM) 

requirements. As a way to account for 

ACL/sub-ACL overages in the herring 

fishery, Amendment 4 established an 

AM that requires NMFS to deduct any 

ACL/sub-ACL overages from the 

corresponding ACL/sub-ACL of the year 

following the catch overage 

determination. Amendment 4 also 

specified that NMFS will announce 

overage deductions in the Federal 

Register prior to the start of the fishing 

year, if possible. 

NMFS published a final rule 

implementing Framework 2 to the FMP 

and the 2013–2015 specifications for the 

herring fishery on October 4, 2013 (78 

FR 61828). Among other measures, 

Framework 2 allowed for the carryover 

of unharvested catch (i.e., underages) in 

the year following catch determination. 

Provided that annual total catch does 

not exceed the ACL, up to 10 percent of 

each sub-ACL may be carried over and 

added to the following year’s sub-ACL. 

The carryover provision allows a subACL increase for a management area, 

but it does not allow a corresponding 

increase to the ACL. 

NMFS published the 2021–2023 

specifications for the herring fishery in 

Framework 8 to the FMP on April 1, 

2021 (86 FR 17081). Framework 8 also 

revised the carryover provision to 

reduce the amount of carryover 

available to be added to sub-ACLs in 

2022. Specifically, it reduced the 2020 

sub-ACL percentages that could be 

carried over and added to the 2022 subACLs from 10 percent to 5 percent. 

Because carryover does not increase the 

ACL, the carryover of 2020 underages to 

the relatively lower sub-ACLs in 2022 

could potentially restrict fishing later in 

the year in areas not receiving carryover 

if the sub-ACLs in areas with carryover 

are harvested early in the year. 

Provisions Implemented Through This 

Final Rule 

NMFS recently completed the catch 

accounting for 2020 and determined 

there were catch overages in Areas 1A 

and 1B and catch underages in Areas 2 

and 3. To account for the overages, this 

action deducts the 2020 catch overages 


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