Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 2355 

[FR Doc. 2022–00639 Filed 1–13–22; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 220111–0009] 

RIN 0648–BK70 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Resources of the Gulf of Mexico; 

Requirement for a Descending Device 

or Venting Tool 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS implements 

regulations to clarify terms used in the 

Direct Enhancement of Snapper 

Conservation and the Economy through 

Novel Devices Act of 2020 (Descend 

Act). Section 3 of the Descend Act 

requires commercial and recreational 

fishermen to have a descending device 

or a venting tool on the vessel and ready 

for use when fishing for federally 

managed reef fish species in Gulf of 

Mexico (Gulf) Federal waters. The 

purpose of this final rule is to clarify the 

definitions of descending device and 

venting tool in the Descend Act. 

DATES: This final rule is effective 

February 14, 2022. 

ADDRESSES: Electronic copies of the 

Descend Act and the Regulatory 

Flexibility Act (RFA) analysis for this 

proposed rule may be obtained from 

www.regulations.gov or the NMFS 

Southeast Regional Office website at 

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

descending-device-and-venting-tooldirect-enhancement-snapperconservation-and-economy. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood, NMFS Southeast Regional 

Office, telephone: 727–824–5305, or 

email: peter.hood@noaa.gov. 

SUPPLEMENTARY INFORMATION: On 

January 13, 2021, the majority of the 

Descend Act became effective with the 

exception of section 3, which became 

effective on January 13, 2022. Section 3 

of the Descend Act amends the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by adding 

section 321, titled ‘‘Required possession 

of descending devices.’’ Section 321 of 

the Magnuson-Stevens Act requires 

fishermen on commercial vessels, 

charter vessels and headboats (for-hire 

vessels), and private recreational vessels 

to have a descending device or venting 

tool rigged and ready to use when 

fishing for Gulf reef fish in Federal 

waters. 

On November 9, 2021, NMFS 

published a proposed rule in the 

Federal Register to clarify the terms 

used in the Descend Act and requested 

public comment through December 9, 

2021 (86 FR 62137). The proposed rule 

provides additional background and 

rationale for the actions contained in 

this final rule. 

This final rule clarifies the statutory 

definitions in the Descend Act of 

‘‘descending device’’ and ‘‘venting 

tool,’’ which are devices designed to 

help reduce post-release mortality of 

fish from the effects of barotrauma. 

Gulf reef fish are those fish included 

in the Fishery Management Plan for the 

Reef Fish Resources of the Gulf of 

Mexico (Reef Fish FMP). A list of Gulf 

reef fish can be found in Table 3 of 

Appendix A to 50 CFR part 622— 

Species Tables; Gulf Reef Fish, https:// 

www.ecfr.gov/current/title-50/chapterVI/part-622/appendix-Appendix

%20A%20to%20Part%20622. For 

purposes of management under the Reef 

Fish FMP, Federal waters in the Gulf 

begin seaward of 9 nautical miles (16.7 

km) from the coast off all the Gulf States 

(Pub. L. 114–113, December 18, 2015, 

and Pub. L. 115–31, May 5, 2017). 

Barotrauma is an injury that may 

occur to fish caused by the expansion of 

gas inside a fish from the rapid decrease 

of water pressure that occurs when a 

fish is retrieved from depth. Signs of 

barotrauma in fish include a distended 

abdomen, bulging eyes, an everted 

stomach, and bubbling under the scales. 

Fish experiencing barotrauma often 

have difficulty returning to deeper water 

or float on the surface, which makes 

them more vulnerable to predation from 

dolphins, sharks and other fish, and 

seabirds. Fishermen can help reduce 

mortality to fish they release by using a 

descending device or a venting tool 

when barotrauma is affecting a fish that 

has been caught. A descending device 

lowers the fish back to depth where 

internal gases recompress and the fish 

can be released. A venting tool can 

release gases in a fish’s abdomen at the 

surface allowing the fish to swim 

unaided back to depth. 

The Descend Act defines the term 

‘‘descending device’’ as an instrument 

that will release a fish at a depth 

sufficient for the fish to be able to 

recover from the effects of barotrauma; 

is a weighted hook, lip clamp, or box 

that will hold the fish while it is 

lowered to depth, or another device 

determined to be appropriate by the 

Secretary of Commerce (Secretary); and 

is capable of releasing the fish 

automatically, releasing the fish by 

actions of the operator of the device, or 

by allowing the fish to escape on its 

own. This final rule clarifies that the 

depth sufficient for a fish to be able to 

recover from the effects of barotrauma is 

the depth at which the fish was caught 

and specifies the minimum weight and 

minimum length of line required to be 

consistent with the current regulatory 

definition of descending device at 50 

CFR 622.188(a)(4). The regulations in 

paragraph 622.188(a)(4) were put in 

place by NMFS in 2020 to implement 

the South Atlantic Fishery Management 

Council’s Regulatory Amendment 29 to 

the Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic (Snapper-Grouper FMP) (85 FR 

36166, June 15, 2020). Those regulations 

require a descending device be on board 

a vessel and be ready for use while 

fishing for or possessing South Atlantic 

snapper-grouper. 

The Descend Act states that the term 

‘‘venting tool’’ has the meaning given to 

it by the Gulf Council. The Gulf Council 

defines the term ‘‘venting tool’’ in its 

Policy on the Use of Venting Tools and 

Descending Devices as a sharpened, 

hollow instrument capable of 

penetrating the abdomen of a fish to 

release the excess gases accumulated in 

the body cavity. The definition also 

indicates a device that is not hollow, 

such as a knife or ice pick, is not a 

venting tool and will cause additional 

damage to a fish. This final rule clarifies 

that this definition of venting tool 

applies to the Descend Act 

requirements. 

Management Measures Contained in 

This Final Rule 

Consistent with the requirement in 

the Descend Act, this final rule requires 

a descending device or a venting tool on 

the vessel that is rigged and ready for 

use while fishing for Gulf reef fish is 

occurring. This final rule also clarifies 

the statutory definitions of descending 

device and venting tool to assist Gulf 

reef fish fishermen in complying with 

the statutory requirement. NMFS is not 

approving or determining the 

sufficiency of any specific devices 

through this final rule. 

Descending Device 

This final rule defines a descending 

device as a device capable of releasing 

a fish at the depth from which the fish 

was caught, and specifies that the 

device must use a minimum of a 16- 


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2356 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 

ounce (454-gram) weight and a 

minimum of a 60-ft (15.2-m) length of 

line. A 16-ounce weight is available at 

many tackle shops, or may be 

homemade, and is heavy enough to 

descend a majority of Gulf reef fish 

subject to barotrauma. However, using 

more weight would help to descend a 

large fish or where currents are strong. 

NMFS specifies in this final rule that a 

60-ft (18.3-m) minimum length for the 

line attached to a descending device is 

required to ensure fish are released at a 

minimum depth of 50 ft (15.2 m) while 

someone using the descending device is 

standing on the deck of a vessel, and to 

account for possible ocean currents or 

swells. Using a line long enough to 

release a fish at the depth from where 

it was caught, which may be more than 

50 ft (15.2 m) in depth, will best ensure 

that the fish can recover from the effects 

of barotrauma. 

These minimum specifications are 

also required for commercial and 

recreational fishermen in the South 

Atlantic snapper-grouper fishery. In this 

rule, NMFS implements the same 

specifications for a descending device in 

the Gulf reef fish fishery to increase the 

likelihood of compliance by fishermen 

who may fish in both the Gulf and 

South Atlantic, and to aid with 

enforcement. 

As specified in the Descend Act, a 

descending device may attach to the 

fish’s mouth, through the fish’s mouth 

and gill plate, or it may be a box 

(without specific dimensions or shape) 

that will retain the fish while it is 

lowered to depth. Operating a 

descending device can vary between 

types but the device must be capable of 

releasing the fish at depth 

automatically, by actions of the device 

operator, or by allowing the fish to 

escape on its own when at depth. 

If a Gulf reef fish fisherman chooses 

to carry a descending device to comply 

with the Descend Act and this final rule, 

there is no requirement to use a rod and 

reel, or any other specific method or 

material, to attach to the descending 

device and weight and then descend a 

fish. Although a rod and reel may be 

one useful way to descend a fish if the 

minimum line length and weight 

specifications are met, the Descend Act 

and this final rule provide flexibility for 

Gulf reef fish fishermen to choose the 

materials and methods that work best 

for them to descend a fish. 

Venting Tool 

This final rule defines a venting tool 

consistent with the Gulf Council’s 

policy and removes the term ‘‘venting 

device’’ from the regulations at 50 CFR 

part 622. A venting tool must be capable 

of penetrating the abdomen of a fish to 

release the excess gases accumulated in 

body cavity when a fish is retrieved 

from depth. Further, a venting tool must 

be a sharpened, hollow instrument that 

allows air to escape, such as a 

hypodermic syringe with the plunger 

removed. A 16–gauge needle, which has 

a standard outside diameter of 0.065 

inches (1.65 mm), is the minimum 

diameter hollow tube that must be used. 

Gulf reef fish fishermen may also choose 

to use a larger diameter hollow needle 

because it will allow more air to escape 

from a fish rapidly. Fishermen must not 

use a tool that is not hollow, such as a 

knife or an ice pick, to vent a fish. A 

knife or other non-hollow tube is not a 

venting tool and its use would cause 

further injury to a fish. 

While the Descend Act and this final 

rule allow Gulf reef fish fishermen to 

choose whether to carry a descending 

device or venting tool on a vessel, there 

is nothing that prevents fishermen from 

carrying both types of devices. 

Fishermen may find that they favor a 

certain device for individual situations. 

More information on the Descend Act 

and links to information on descending 

devices and venting tools may be found 

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

action/descending-device-and-ventingtool-direct-enhancement-snapperconservation-and-economy. 

Expiration of Requirements 

The requirement in section 3 of the 

Descend Act expires 5 years after its 

enactment. Therefore, the provisions 

contained in this final rule will also end 

after January 13, 2026, unless the Gulf 

Council or NMFS take further action to 

retain any of the regulatory provisions. 

Comments and Responses 

NMFS received 29 public comments 

on the proposed rule from individuals, 

three recreational fishing advocacy 

groups, and a commercial fishing 

advocacy group. Most comments were 

directed to the requirement in the 

Descend Act to possess a descending 

device or venting tool, and some of 

those comments asked NMFS to make 

an exception for spearfishing trips. 

These comments were outside the scope 

of the proposed rule, and therefore, are 

not addressed further in this final rule. 

NMFS acknowledges the comments in 

favor of all or part of the proposed rule, 

and agrees with them. Comments 

seeking clarification or that are opposed 

to the proposed rule are grouped as 

appropriate and summarized below, 

each followed by NMFS’ respective 

response. 

Comment 1: NMFS should clarify 

what ‘‘rigged and ready for use when 

fishing’’ means with respect to the 

descending device and venting tool 

requirement. 

Response: As previously explained, 

descending devices and venting tools 

are used to help reduce post-release 

mortality of fish caused by barotrauma. 

To be effective, fishermen must have 

this equipment ready to use with as 

little delay as possible. Therefore, 

NMFS expects fishermen who choose to 

carry a descending device to have the 

device attached to a line with the 

weight, and be ready to descend a fish 

as soon as fishing activities begin. 

Fishermen who choose to carry a 

venting tool on their vessel must have 

the venting tool readily available for 

immediate use as soon as fishing 

activities begin. 

Comment 2: Explain why NMFS is 

requiring a 16-ounce minimum weight 

when less weight can also work to 

descend fish. 

Response: As stated in the proposed 

rule, a 16-ounce weight is available at 

many tackle shops and is heavy enough 

to descend a majority of Gulf reef fish 

subject to barotrauma. In addition, 

requiring this minimum weight will 

make these regulations consistent with 

the regulations in 50 CFR 622.188(a)(4), 

which were put in place by NMFS in 

2020 to implement the South Atlantic 

Fishery Management Council’s (South 

Atlantic Council) Regulatory 

Amendment 29 to the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

(85 FR 36166, June 15, 2020). NMFS 

expects consistent requirements to 

increase the likelihood of compliance by 

fishermen who may fish in both the Gulf 

and South Atlantic, and to aid with 

enforcement. 

Comment 3: A knife is a preferred tool 

to vent fish and other venting tools are 

not needed. Venting tools tend to clog 

up after use. 

Response: A knife is not a hollow 

tool, so using a knife may not allow 

gases to escape the fish’s abdomen, 

thereby preventing the fish to vent. 

Additionally, a knife can be misused by 

inserting it in an extruded fish’s 

stomach, anus, or eyes to release 

internal gases. Although someone using 

a knife as a venting tool may have good 

intentions, using a knife or other nonhollow instrument to attempt to vent a 

fish is more likely to cause greater 

injury to a fish than using a venting tool 

as defined in this rule. A venting tool 

can be cleaned of fish tissue or scales by 

blowing in the non-sharpened end or 

inserting a thin wire to remove debris. 

Comment 4: The term ‘‘box’’ in the 

definition of a descending device 

should be changed to container because 


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box implies a specific shape and could 

limit innovations in design that for 

example could use tubes or irregular 

shapes as part of the design. 

Response: Although the term ‘‘box’’ is 

in the Descend Act’s definition of 

descending device, the shape or 

dimensions of the box are not 

prescribed, and the definition of a 

descending device in this rule states it 

‘‘must be a weighted hook, lip clamp, or 

container that will hold the fish while 

it is lowered to depth.’’ Therefore, as 

long as the device can retain the fish 

until the fish can be released at depth 

by actions of the device operator or by 

the fish swimming away on its own, 

fishermen may choose the shape or 

dimensions of a container-type 

descending device that works best for 

effectively descending fish. 

Comment 5: NMFS should refrain 

from being overly descriptive in the 

descending gear definitions and allow 

enforcement personnel to apply their 

experience and judgement to evaluate if 

devices can fulfill the requirements of 

this regulation. 

Response: The Descend Act contains 

a detailed definition of a descending 

device. It is not NMFS’ intent to make 

that definition more prescriptive and 

NMFS is not approving or determining 

the sufficiency of any devices through 

this final rule. This rule provides the 

minimum weight and length of line that 

must be used with a descending device 

to be consistent with the definition 

implemented for the South Atlantic 

snapper-grouper fishery, which will 

assist both fishermen and enforcement. 

As long as a descending device, whether 

purchased or homemade, is capable of 

releasing the fish at the depth at which 

it was caught and meets the minimum 

specifications in this rule as well as 

meets the definition in the Descend Act, 

the descending device complies with 

the requirements when fishing for Gulf 

reef fish. 

Comment 6: Descending devices and 

venting tools do not work to reduce 

discard mortality, particularly if 

dolphins and sharks prey upon 

discarded fish. In addition, the science 

supporting the benefits of these devices 

is questionable for fish exhibiting signs 

of barotrauma. 

Response: The South Atlantic 

Council’s Regulatory Amendment 29 to 

the Snapper-Grouper FMP summarizes 

scientific studies that show the positive 

effects from the use of these devices on 

survival of fish species suffering from 

barotrauma. Those benefits have been 

shown for both descending devices and 

venting tools. With respect to predators, 

returning fish to depth quickly using a 

descending device or allowing a fish to 

swim on its own after venting decreases 

the likelihood of a released fish being 

eaten by a predator than if the same fish 

remained floating at the surface. 

Comment 7: Descending devices are 

superior to venting tools because 

venting tools can get clogged and are 

misused by inexperienced fishermen. 

Response: The Descend Act and this 

final rule do not require a specific 

device type, but allow fishermen 

targeting Gulf reef fish to choose 

between carrying a descending device or 

a venting tool on the vessel and 

ensuring that one of those devices is 

ready to use when fishing is occurring. 

Therefore, a fisherman can select the 

device they are most comfortable with 

using and fits their fishing needs. Both 

devices, when used properly, can 

increase the likelihood that a released 

fish survives. 

Comment 8: NMFS should have a 

strong outreach effort to educate people 

on how to use descending devices and 

venting tools. 

Response: NMFS will continue to 

work with the Gulf Council and other 

partners to develop and distribute 

information on descending devices and 

venting tools. NMFS already has links to 

information on using descending 

devices and venting tools posted on this 

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

action/descending-device-and-ventingtool-direct-enhancement-snapperconservation-and-economy. The website 

links hosted by NMFS and other 

partners contain detailed explanations 

and videos on how to properly descend 

and vent fish. 

Classification 

NMFS is issuing this final rule 

pursuant to section 305(d) of the 

Magnuson-Stevens Act. Pursuant to 

section 305(d), this action is necessary 

to clarify the statutory definitions in 

section 3 of the Descend Act, which 

adds new section 321 to the MagnusonStevens Act that affects persons fishing 

for Gulf reef fish species. The NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

Descend Act, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Magnuson-Stevens Act provides 

the legal basis for this final rule. No 

duplicative, overlapping, or conflicting 

Federal rules have been identified. In 

addition, no new reporting and recordkeeping requirements are introduced by 

this final rule. This final rule contains 

no information collection requirements 

under the Paperwork Reduction Act of 

1995. A description of this final rule, 

why it is being considered, and the 

purposes of this final rule are contained 

earlier in the SUMMARY and 

SUPPLEMENTARY INFORMATION sections of 

this final rule. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification and NMFS has not 

received any new information that 

would affect its determination. As a 

result, a final regulatory flexibility 

analysis was not required and none was 

prepared. 

List of Subjects in 50 CFR Part 622 

Charter vessel, Commercial, Fisheries, 

Fishing, Gulf of Mexico, Headboat, 

Recreational, Reef fish. 

Dated: January 11, 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 622 is amended 

as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

§ 622.2 [Amended] 

■ 2. In § 622.2, remove the definition of 

venting device. 

■ 3. In § 622.30, revise the introductory 

text and add paragraph (c) to read as 

follows: 

§ 622.30 Required fishing gear. 

For a person on a vessel to fish for 

Gulf reef fish in the Gulf EEZ, the 

following fishing gear must be on the 

vessel and such person must use the 

gear as specified in paragraphs (a) and 

(b) of this section. 

* * * * * 

(c) Gear required by the DESCEND Act 

of 2020. For a person on a vessel to fish 

for Gulf reef fish in the Gulf EEZ, a 

descending device or a venting tool that 

is rigged and ready for use while fishing 

is occurring must be on the vessel. The 

requirements in this paragraph (c) are 

effective until January 14, 2026. 


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2358 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 

(1) Descending device. A descending 

device is an instrument capable of 

releasing a fish at the depth from which 

the fish was caught. 

(i) The descending device must be a 

weighted hook, lip clamp, or container 

that will hold the fish while it is 

lowered to depth. The device must be 

capable of releasing the fish 

automatically, by actions of the operator 

of the device, or by allowing the fish to 

escape on its own when at depth. 

(ii) The descending device must use a 

minimum of a 16-ounce (454-gram) 

weight and a minimum of a 60-ft (15.2- 

m) length of line. 

(2) Venting tool. A venting tool is a 

device capable of penetrating the 

abdomen of a fish to release the excess 

gases accumulated in the body cavity 

when a fish is retrieved from depth. A 

venting tool must be a sharpened, 

hollow instrument that allows air to 

escape, such as a hypodermic syringe 

with the plunger removed. A 16–gauge 

needle, which has an outside diameter 

of 0.065 inches (1.65 mm), is the 

minimum diameter hollow tube that 

must be used. A larger diameter hollow 

needle is preferred to allow more air to 

escape from a fish rapidly. A device that 

is not hollow, such as a knife or an ice 

pick, is not a venting tool and will cause 

additional damage to a fish. 

[FR Doc. 2022–00720 Filed 1–13–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210217–0022; RTID 0648– 

XB720] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using jig gear to catcher 

vessels less than 60 feet (18.3 meters) 

length overall using hook-and-line or 

pot gear in the Bering Sea and Aleutian 

Islands management area. This action is 

necessary to allow the A season 

apportionment of the 2022 total 

allowable catch of Pacific cod to be 

harvested. 

DATES: Effective January 10, 2022, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Krista Milani, 907–581–2062. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands (BSAI) 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season apportionment of the 

2022 Pacific cod total allowable catch 

(TAC) specified for vessels using jig gear 

in the BSAI is 1,127 metric tons (mt) as 

established by the final 2021 and 2022 

harvest specifications for groundfish in 

the BSAI (86 FR 11449, February 25, 

2021) and inseason adjustment (86 FR 

74389, December 30, 2021). 

The 2022 Pacific cod TAC allocated to 

catcher vessels less than 60 feet 

(18.3 meters (m)) length overall (LOA) 

using hook-and-line or pot gear in the 

BSAI is 2,671 mt as established by final 

2021 and 2022 harvest specifications for 

groundfish in the BSAI (86 FR 11449, 

February 25, 2021) and inseason 

adjustment (86 FR 74389, December 30, 

2021). 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that jig vessels will not be 

able to harvest 1,075 mt of the A season 

apportionment of the 2022 Pacific cod 

TAC allocated to those vessels under 

§ 679.20(a)(7)(ii)(A)(1). Therefore, in 

accordance with § 679.20(a)(7)(iv)(C), 

NMFS apportions 1,027 mt of Pacific 

cod from the A season jig gear 

apportionment to the annual amount 

specified for catcher vessels less than 60 

feet (18.3 m) LOA using hook-and-line 

or pot gear. 

The harvest specifications for 2022 

Pacific cod included in final 2021 and 

2022 harvest specifications for 

groundfish in the BSAI (86 FR 11449, 

February 25, 2021) and inseason 

adjustment (86 FR 74389, December 30, 

2021) are revised as follows: 52 mt to the 

A season apportionment and 804 mt to 

the annual amount for vessels using jig 

gear, and 3,746 mt to catcher vessels less 

than 60 feet (18.3 m) LOA using hookand-line or pot gear. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), 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 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay the reallocation of 

Pacific cod specified from jig vessels to 

catcher vessels less than 60 feet (18.3 m) 

LOA using hook-and-line or pot gear. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of January 10, 

2022. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice and opportunity 

for public comment. 

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

Dated: January 10, 2022. 

Ngagne Jafnar Gueye, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–00640 Filed 1–10–22; 4:15 pm] 

BILLING CODE 3510–22–P 


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