Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Rules and Regulations 5405 

Consultation With Indian Tribes 

(Executive Order 13175 and 

Department Policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian tribes and 

recognition of their right to selfgovernance and tribal sovereignty. The 

NPS has evaluated this rule under the 

criteria in Executive Order 13175 and 

under the Department’s tribal 

consultation policy and has determined 

that tribal consultation is not required 

because the rule will have no 

substantial direct effect on federally 

recognized Indian tribes. 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements, 

and a submission to the Office of 

Management and Budget under the 

Paperwork Reduction Act is not 

required. The NPS may not conduct or 

sponsor and the public is not required 

to respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

National Environmental Policy Act 

This rule does not constitute a major 

federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the National 

Environmental Policy Act of 1969 

(NEPA) is not required because the rule 

is covered by a categorical exclusion. 

The NPS has determined the rule is 

categorically excluded under NPS NEPA 

Handbook 2015 Section 3.3(A)(8) 

because this rule revises existing 

regulations for the Lakeshore in a 

manner that would not (i) increase 

public use to the extent of 

compromising the nature and character 

of the area or causing physical damage 

to it; (ii) introduce noncompatible uses 

that might compromise the nature and 

characteristics of the area or cause 

physical damage to it; (iii) conflict with 

adjacent ownerships or land uses; or (iv) 

cause a nuisance to adjacent owners or 

occupants. The rule does not change the 

allowed level of snowmobile use at the 

Lakeshore. It clarifies where 

snowmobiles are already allowed by 

replacing an incomplete list of routes 

and a general statement allowing 

snowmobiles on unplowed roads and 

shoulders of plowed roads with a 

comprehensive list of legal snowmobiles 

routes. The NPS has also determined 

that the rule does not involve any of the 

extraordinary circumstances listed in 43 

CFR 46.215 that would require further 

analysis under NEPA. 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. The rule is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy, 

and the Administrator of OIRA has not 

designated the rule as a significant 

energy action. A Statement of Energy 

Effects is not required. 

List of Subjects in 36 CFR Part 7 

District of Columbia, National Parks, 

Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, the 

National Park Service amends 36 CFR 

part 7 as follows: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

■ 1. The authority for part 7 continues 

to read as follows: 

Authority: 54 U.S.C. 100101, 100751, 

320102; Sec. 7.96 also issued under D.C. 

Code 10–137 and D.C. Code 50–2201.07. 

■ 2. Amend § 7.32 by: 

■ a. Revising paragraph (a)(1) 

introductory text and paragraphs 

(a)(1)(v), (viii), and (ix); 

■ b. Redesignating paragraph (a)(1)(x) as 

paragraph (a)(1)(xvi); 

■ c. Adding new paragraph (a)(1)(x) and 

paragraphs (a)(1)(xi) through (xv); 

■ d. Revising newly redesignated 

paragraph (a)(1)(xvi); 

■ e. Revising paragraph (a)(3); and 

■ f. Adding paragraph (a)(4). 

The revisions and additions to read as 

follows: 

§ 7.32 Pictured Rocks National Lakeshore. 

(a) * * * 

(1) Snowmobiles are allowed on the 

following routes and water surfaces 

within Pictured Rocks National 

Lakeshore: 

* * * * * 

(v) The road from County Road H–58 

at the park boundary to the Little Beaver 

Lake Campground. 

* * * * * 

(viii) The road from County Road 

H–58 to the Log Slide parking area. 

(ix) The section of Michigan 

Dimension Road from the park 

boundary to the Log Slide parking area. 

(x) The South Grand Sable Lake Road, 

starting at Towes Creek (T49N, R14W, 

Sections 14 and 23), heading south in 

and out of the fee zone area. 

(xi) Portions of County Road H–58 

that are within park boundaries between 

Twelvemile Beach and Log Slide scenic 

overlook (T49N, R15W, Sections 9, 10, 

11, 13, 14, and 16 and T49, 14W, 

Section 18). 

(xii) Portions of County Road H–58 

that are within park boundaries between 

Log Slide Scenic Overlook and the 

Grand Sable Visitor Center (T49N, 

R14W, Sections 10, 11, 15, 16, and 17). 

(xiii) County Road H–58 between 

Grand Sable Visitor Center to the 

eastern extent of the park boundary 

(T49N, R14W, Sections 1, 11, and 12). 

(xiv) Portions of Lowder Road that are 

within park boundaries from M77 to 

Grand Sable Lake Boat Ramp (T48N, 

R16W, Sections 21 and 29). 

(xv) Portions of Beaver Basin 

Overlook Road from County Road H–58 

to the Beaver Basin Overlook (T49N, 

R14W, Sections 11, and 12). 

(xvi) The frozen water surfaces of 

Lake Superior and Grand Sable Lake. 

* * * * * 

(3) Snowmobile use outside 

designated routes and frozen water 

surfaces is prohibited. Snowmobiles are 

restricted to the road shoulders of routes 

that are plowed. The prohibitions in this 

paragraph do not apply to emergency 

administrative travel by employees of 

the National Park Service or law 

enforcement agencies. 

(4) The Superintendent may open or 

close these routes and water surfaces, or 

portions thereof, to snowmobile travel 

after taking into consideration the 

location of wintering wildlife, 

appropriate snow cover, public safety, 

and other factors. The Superintendent 

will provide notice of such opening or 

closing by one or more of the methods 

listed in § 1.7(a) of this chapter. 

* * * * * 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2022–02015 Filed 1–31–22; 8:45 am] 

BILLING CODE 4312–52–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 220124–0032] 

RIN 0648–BK55 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; 2021–2023 Small-Mesh 

Multispecies Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


tkelley on DSK125TN23PROD with RULES1
5406 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Rules and Regulations 

ACTION: Final rule. 

SUMMARY: NMFS approves and 

implements final small-mesh 

multispecies specifications for the 2021 

fishing year, and projected 

specifications for fishing years 2022 and 

2023, as recommended by the New 

England Fishery Management Council. 

This action also increases the whiting 

possession limit for certain trips and 

restores the in-season adjustment trigger 

for northern red hake. This action is 

necessary to establish allowable harvest 

levels and other management measures 

consistent with the most recent 

scientific information. This rule informs 

the public of these final fishery 

specifications for the 2021 fishing year. 

DATES: Effective February 1, 2022. 

ADDRESSES: The New England Fishery 

Management Council prepared an 

environmental assessment (EA) for these 

specifications that describes the action 

and other considered alternatives. The 

EA provides an analysis of the 

biological, economic, and social impacts 

of the preferred measures and other 

considered alternatives; a Regulatory 

Impact Review; and economic analysis. 

Copies of these specifications, including 

the EA, Regulatory Flexibility Act 

Analyses, and other supporting 

documents for the action are available 

upon request from Thomas A. Nies, 

Executive Director, New England 

Fishery Management Council, 50 Water 

Street, Newburyport, MA 01950. These 

documents are also accessible via the 

internet at https://www.nefmc.org/ 

management-plans/small-meshmultispecies. 

FOR FURTHER INFORMATION CONTACT: 

Shannah Jaburek, Fishery Policy 

Analyst, (978) 282–8456. 

SUPPLEMENTARY INFORMATION: 

Background 

The New England Fishery 

Management Council manages the 

small-mesh multispecies fishery within 

the Northeast Multispecies Fishery 

Management Plan (FMP). The smallmesh multispecies fishery is made up of 

three species of hakes that are managed 

as five stocks: Northern and southern 

silver hake; northern and southern red 

hake; and offshore hake. Southern silver 

hake and offshore hake are often 

grouped together for management 

purposes and collectively referred to as 

‘‘southern whiting.’’ Amendment 19 to 

the FMP (April 4, 2013; 78 FR 20260) 

established a process for specifying 

catch limits for the small-mesh 

multispecies fishery stocks; including 

values for an overfishing limit (OFL), 

acceptable biological catch (ABC), 

annual catch limit (ACL), and total 

allowable landings (TAL). The FMP 

requires that this specifications process 

be implemented on an annual basis for 

up to 3 years at a time with each fishing 

year running from May 1 through April 

30. This action implements catch limit 

specifications for the 2021 small-mesh 

multispecies fishery, and announces 

projected specifications for fishing years 

2022 and 2023 based on the Council’s 

recommendations. This action also 

revises some management measures to 

reduce regulatory discards in the fishery 

and increase the opportunity to achieve 

optimum yield. 

The proposed rule for this action 

published in the Federal Register on 

June 11, 2021 (86 FR 31262), and 

comments were accepted through June 

28, 2021. NMFS received no comments 

from the public. 

Final Specifications 

This action implements the Council’s 

recommendations for 2021 and 

projected 2022–2023 small-mesh 

multispecies catch specifications, as 

well as revised management measures to 

reduce regulatory discards, as outlined 

in the proposed rule. Specifications for 

fishing years 2022 and 2023 are 

projected to be the same as the 2021 

limits (Table 1). 

TABLE 1—SMALL-MESH MULTISPECIES SPECIFICATIONS FOR FISHING YEARS 2021–2023 (METRIC TONS), WITH THE

PERCENT CHANGE IN THE TAL FROM FISHING YEAR 2020 

OFL ABC ACL TAL Percent 

change 

Northern Red Hake ............................................................. Unknown ........ 3,452 3,278 1,405 +413 

Northern Silver Hake ........................................................... 39,930 ............ 20,410 19,387 17,457 ¥34 

Southern Red Hake ............................................................. N/A ................. 1,505 1,429 422 +89 

Southern Whiting ................................................................. 72,160 ............ 40,990 38,941 28,742 +99 

* Southern whiting includes both southern silver hake and offshore hake. 

In a separate action (Framework 

Adjustment 62 to the Northeast 

Multispecies FMP), the Council adopted 

a 10-year rebuilding program for 

southern red hake because this stock 

was declared overfished in 2018 (see the 

final rule at 87 FR 3694, January 25, 

2022). Although the quota for southern 

red hake implemented in the action will 

increase while this stock enters a 

rebuilding period, this adjustment is 

intended to reduce regulatory discards 

by converting more catch to landings 

and allow continued operation of the 

fishery while still enhancing the 

rebuilding potential for southern red 

hake. The Council’s recommended ABC 

for southern red hake is 75 percent of 

what was recommended by the 

Council’s Scientific and Statistical 

Committee, in accordance with the 

rebuilding plan. 

This action also revises management 

measures within the small-mesh 

multispecies fishery to reduce 

regulatory discards and improve fishery 

operations. The possession limit for 

whiting (silver hake and offshore hake) 

on trips using gear with less than 3-inch 

(7.6-cm) mesh is increasing from 3,500 

lb (1,587.6 kg) and 7,500 lb (3,401.9 kg) 

to 15,000 lb (6,803.9 kg). Additionally, 

the in-season adjustment trigger for 

northern red hake is being restored to 90 

percent of the annual quota from the 

current 37.9-percent trigger. This is 

intended to allow the fishery to harvest 

the TAL without being prematurely 

restricted by a reduced possession limit 

by bringing the starting point for the 

post-season ACL overage accountability 

measure back to the original trigger 

level. The Council will review the 

projected 2022 and 2023 specifications 

to determine if any changes need to be 

made prior to their final 

implementation. NMFS will publish a 

notice prior to the start of each fishing 

year to confirm the projected 

specifications or announce any 

necessary changes. 

Changes From the Proposed Rule 

NMFS has not made any changes to 

the proposed regulatory text and there 

are no changes from the proposed rule. 

Classification 

Pursuant to section 304(b)(3) of the 

Magnuson Stevens Fishery Conservation 

and Management Act (MagnusonStevens Act), the NMFS Assistant 


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Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Rules and Regulations 5407 

Administrator has determined that these 

final specifications are necessary for the 

conservation and management of the 

small-mesh multispecies fishery, and 

that they are consistent with the 

Northeast Multispecies FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law. 

The Council reviewed the regulations 

for this action and deemed them 

necessary and appropriate to implement 

consistent with section 303(c) of the 

Magnuson-Stevens Act. 

This final rule is effective upon the 

date of publication in the Federal 

Register February 1, 2022. This final 

rule is not subject to the Administrative 

Procedure Act (APA) provision 

requiring a 30-day delay in the date of 

effectiveness because this rule falls 

within two of the APA exceptions (5 

U.S.C. 553(d)(1) and (3)). The first 

exception, at 5 U.S.C. 553(d)(1), applies 

for a substantive rule that relieves a 

restriction. This action relieves a 

restriction by increasing annual quota 

catch and possession limits for several 

stocks in the small-mesh multispecies 

fishery. Specifically, in order to provide 

additional flexibility to the fishing 

industry and reduce unnecessary 

regulatory discards, this final rule 

increases commercial quotas for three of 

the four hake stocks managed in this 

fishery, increases the possession limit of 

whiting for vessels using a certain mesh 

size to 15,000 lb (6,803.9 kg), and 

increases the threshold trigger to 90 

percent of the TAL for when northern 

red hake inseason accountability 

measures must be implemented. 

In addition, NMFS finds good cause 

under 5 U.S.C. 553(d)(3) to waive the 

30-day delay in this rule’s effective date 

for the following reasons. Waiving the 

delay in the date of effectiveness 

ensures that these final specifications 

are in place as close as practicable to the 

start of the 2021 small-mesh 

multispecies fishing year, which began 

on May 1, 2021. Although the 2020 

catch limits have rolled over in the 

absence of implementation of these new 

specifications, the 2020 catch limits are 

not based on the most recent stock 

assessment data and are unnecessarily 

restrictive. A 30-day delay in the date of 

effectiveness that further postpones the 

implementation of the increase in 

whiting possession limits would be 

contrary to the public interest, as the 

lost economic opportunity during the 

period of the additional 30-day delay 

could cause potential economic harm to 

participants in the small-mesh 

multispecies fishery. Currently, 

unfavorable market conditions in the 

whiting fishery is the main reason that 

whiting catch is being discarded rather 

than being sold; however, market 

conditions can change at any time and 

become more favorable to landing 

whiting causing a higher percentage of 

vessels to be constrained by the lower 

power possession limit. Additional 

delay also could risk the unnecessary 

triggering of accountability measures for 

northern red hake during the remainder 

of the fishing year under the current 

catch threshold of 37.9 percent before 

this action can raise the catch threshold 

to 90 percent. Finally, the additional 

time afforded by a 30-day delay in the 

date of effectiveness is not necessary in 

order for participants in the fishery to 

come into compliance with this rule. 

Vessels fishing for small-mesh 

multispecies will not be required to 

purchase new equipment or expend 

time or money to comply with these 

management measures. Compliance 

with this final rule does not require an 

adjustment period, because complying 

simply means adhering to the new catch 

limits and management measures set for 

the fishing year. In addition, fishery 

stakeholders have been involved in the 

development of this rule and are 

anticipating the implementation of this 

action. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

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 the initial 

certification remains unchanged. As a 

result, a final regulatory flexibility 

analysis is not required and none was 

prepared. 

This final rule does not duplicate, 

conflict, or overlap with any existing 

Federal rules. 

This action contains no information 

collection requirements under the 

Paperwork Reduction Act of 1995. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: January 26, 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 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.86, revise paragraph 

(d)(1)(i) and remove and reserve 

paragraph (d)(1)(ii). 

The revision reads as follows: 

§ 648.86 NE Multispecies possession 

restrictions. 

* * * * * 

(d) * * * 

(1) * * * 

(i) Vessels possessing on board or 

using nets of mesh size smaller than 3 

in (7.62 cm). Owners or operators of a 

vessel may possess and land not more 

than 15,000 lb (6,804 kg) of combined 

silver hake and offshore hake, if either 

of the following conditions apply: 

(A) The mesh size of any net or any 

part of a net used by or on board the 

vessel is smaller than 3 inches (7.62 

cm), as applied to the part of the net 

specified in paragraph (d)(1)(iv) of this 

section, as measured in accordance with 

§ 648.80(f); or 

(B) The mesh size of any net or part 

of a net on board the vessel not 

incorporated into a fully constructed net 

is smaller than 3 inches (7.62 cm), as 

measured by methods specified in 

§ 648.80(f). ‘‘Incorporated into a fully 

constructed net’’ means that any mesh 

smaller than 3 inches (7.62 cm) that is 

incorporated into a fully constructed net 

may occur only in the part of the net not 

subject to the mesh size restrictions 

specified in paragraph (d)(1)(iv) of this 

section, and the net into which the 

mesh is incorporated must be available 

for immediate use. 

* * * * * 

■ 3. In § 648.90, revise paragraph 

(b)(5)(iii) to read as follows: 

§ 648.90 NE multispecies assessment, 

framework procedures and specifications, 

and flexible area action system. 

* * * * * 

(b) * * * 

(5) * * * 


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5408 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Rules and Regulations 

(iii) Small-mesh multispecies inseason adjustment triggers. The smallmesh multispecies in-season 

accountability measure adjustment 

triggers are as follows: 

Species 

In-season 

adjustment 

trigger 

(percent) 

Northern Red Hake .............. 90 

Northern Silver Hake ............ 90 

Southern Red Hake .............. 40.4 

Southern Silver Hake ........... 90 

* * * * * 

[FR Doc. 2022–02000 Filed 1–31–22; 8:45 am] 

BILLING CODE 3510–22–P 


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