Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 8983 

Common name Scientific name Where listed Status Listing citations and applicable rules 

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Whale, Rice’s .................... Balaenoptera ricei ............ Wherever found ................ E 84 FR 15446, 4/15/2019; 86 FR 47022, 

8/23/2021;N 87 FR [INSERT Federal 

Register PAGE WHERE THE DOCUMENT BEGINS], 2/17/2022. 

* * * * * * * 

Martha Williams, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2022–03114 Filed 2–16–22; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02; RTID 

0648–XB791] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure of the 

Atlantic bluefin tuna Angling category 

southern area large medium and giant 

fishery for 2022. 

SUMMARY: NMFS closes the southern 

area Angling category fishery for large 

medium and giant (‘‘trophy’’ (i.e., 

measuring 73 inches (185 cm) curved 

fork length or greater)) Atlantic bluefin 

tuna (BFT). This action applies to 

Highly Migratory Species (HMS) 

Angling category permitted vessels and 

Atlantic HMS Charter/Headboat 

permitted vessels when fishing 

recreationally. 

DATES: Effective 11:30 p.m., local time, 

February 12, 2022, through December 

31, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., larry.redd@noaa.gov, 

301–427–8503, Nicholas Velseboer, 

nicholas.velsboer@noaa.gov, 978–281– 

9260, or Thomas Warren, 

thomas.warren@noaa.gov, 978–281– 

9347. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including BFT fisheries, 

are managed under the authority of the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.). The 2006 Consolidated Atlantic 

HMS Fishery Management Plan (FMP) 

and its amendments are implemented 

by regulations at 50 CFR part 635. 

Section 635.27 divides the U.S. BFT 

quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 

Act to provide U.S. fishing vessels with 

a reasonable opportunity to harvest 

quotas under relevant international 

fishery agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

Under § 635.28(a)(1), NMFS files a 

closure notice with the Office of the 

Federal Register for publication when a 

BFT quota (or subquota) is reached or is 

projected to be reached. Retaining, 

possessing, or landing BFT under that 

quota category is prohibited on and after 

the effective date and time of a closure 

notice for that category, for the 

remainder of the fishing year, until the 

opening of the subsequent quota period 

or until such date as specified. 

The 2022 BFT fishing year, which is 

managed on a calendar-year basis and 

subject to an annual calendar-year 

quota, began January 1, 2022. The 

Angling category season opened January 

1, 2022, and continues through 

December 31, 2022. The Angling 

category baseline quota is 232.4 metric 

tons (mt), of which 5.3 mt is allocated 

for the harvest of large medium and 

giant (trophy) BFT by vessels fishing 

under the Angling category quota, with 

1.8 mt allocated for each of the 

following areas: North of 39°18′ N lat. 

(off Great Egg Inlet, NJ); south of 39°18′ 

N lat. and outside the Gulf of Mexico 

(the ‘‘southern area’’); and in the Gulf of 

Mexico. Trophy BFT measure 73 inches 

(185 cm) curved fork length or greater. 

Angling Category Large Medium and 

Giant Southern ‘‘Trophy’’ Fishery 

Closure 

Based on landings data from the 

NMFS Automated Catch Reporting 

System and the North Carolina Tagging 

Program, as well as average catch rates 

and anticipated fishing conditions, 

NMFS projects the Angling category 

southern area trophy BFT subquota of 

1.8 mt will be reached shortly. 

Therefore, retaining, possessing, or 

landing large medium or giant (i.e., 

measuring 73 inches (185 cm) curved 

fork length or greater) BFT south of 

39°18′ N lat. and outside the Gulf of 

Mexico by persons aboard Angling 

category permitted vessels and Atlantic 

HMS Charter/Headboat permitted 

vessels (when fishing recreationally) 

must cease at 11:30 p.m. local time on 

February 12, 2022. This closure will 

remain effective through December 31, 

2022. This action applies to Angling 

category permitted vessels and Atlantic 

HMS Charter/Headboat permitted 

vessels when fishing recreationally for 

BFT, and is taken consistent with the 

regulations at § 635.28(a)(1). This action 

is intended to prevent overharvest of the 

Angling category southern area trophy 

BFT subquota. 

If needed, subsequent Angling 

category adjustments will be published 

in the Federal Register. Information 

regarding the Angling category fishery 

for Atlantic tunas, including daily 

retention limits for BFT measuring 27 

inches (68.5 cm) to less than 73 inches 

(185 cm) and any further Angling 

category adjustments, is available at 

hmspermits.noaa.gov or by calling (978) 

281–9260. HMS Angling and HMS 

Charter/Headboat permit holders may 

catch and release (or tag and release) 

BFT of all sizes, subject to the 

requirements of the catch-and-release 

and tag-and-release programs at 

§ 635.26. Anglers are also reminded that 

all BFT that are released must be 

handled in a manner that will maximize 

survival, and without removing the fish 

from the water, consistent with 

requirements at § 635.21(a)(1). For 

additional information on safe handling, 

see the ‘‘Careful Catch and Release’’ 

brochure available at https://

www.fisheries.noaa.gov/resource/ 

outreach-and-education/careful-catchand-release-brochure/. 

HMS Charter/Headboat and Angling 

category vessel owners are required to 

report the catch of all BFT retained or 


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8984 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 

discarded dead, within 24 hours of the 

landing(s) or end of each trip, by 

accessing hmspermits.noaa.gov, using 

the HMS Catch Reporting app, or calling 

(888) 872–8862 (Monday through Friday 

from 8 a.m. until 4:30 p.m.). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act and regulations at 50 CFR part 635 

and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

NMFS finds that it is impracticable and 

contrary to the public interest to provide 

prior notice of, and an opportunity for 

public comment on, this action for the 

following reasons: 

The regulations implementing the 

2006 Consolidated HMS FMP and its 

amendments provide for inseason 

adjustments and fishery closures to 

respond to the unpredictable nature of 

BFT availability on the fishing grounds, 

the migratory nature of this species, and 

the regional variations in the BFT 

fishery. This fishery is currently 

underway and delaying this action 

could result in excessive trophy BFT 

landings that may result in future 

potential quota reductions for the 

Angling category, depending on the 

magnitude of a potential Angling 

category overharvest. NMFS must close 

the southern area trophy BFT fishery 

before additional landings of these sizes 

of BFT occur. Therefore, the AA finds 

good cause under 5 U.S.C. 553(b)(B) to 

waive prior notice and the opportunity 

for public comment. For all of the above 

reasons, there is good cause under 5 

U.S.C. 553(d) to waive the 30-day delay 

in effectiveness. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: February 11, 2022. 

Ngagne Jafnar Gueye, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–03389 Filed 2–11–22; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 220210–0043; RIN 0648–BL07] 

Revisions to Framework Adjustment 

61 to the Northeast Multispecies 

Fishery Management Plan and Sector 

Annual Catch Entitlements; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; adjustment to 

specifications; correction. 

SUMMARY: This final rule distributes 

sector allocation carried over from 

fishing year 2020 into fishing year 2021 

and corrects the regulations 

implementing Framework Adjustment 

61 to the Northeast Multispecies Fishery 

Management Plan. This action is 

necessary to correct regulatory errors 

and to allocate carryover quota to 

sectors. The carryover adjustments are 

routine and formulaic, and industry 

expects them each year. 

DATES: The correction to 50 CFR 648.85 

is effective February 16, 2022. The 

distribution of sector allocation carried 

over into fishing year 2021 is effective 

February 16, 2022, through April 30, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Spencer Talmage, Fishery Management 

Specialist, (978) 281–9232. 

SUPPLEMENTARY INFORMATION: On July 

28, 2021, we published a final rule 

approving Framework Adjustment 61 to 

the Northeast Multispecies Fishery 

Management Plan (FMP) (86 FR 40353), 

which set or adjusted 2021–2023 annual 

catch limits (ACL) for 17 of the 20 

groundfish stocks, and 2021 ACLs for 

three shared U.S./Canada stocks. 

Framework 61 also approved and 

implemented the Universal Sector 

Exemption for Acadian Redfish 

(Redfish). This rule distributes unused 

sector quota carried over from fishing 

year 2020 and corrects a regulatory error 

which incorrectly defines the 

boundaries of the Redfish Exemption 

Area and Redfish Exemption Area 

Seasonal Closure II. 

Sector Carryover Allocations From 

Fishing Year 2019 

Carryover regulations at 50 CFR 

648.87(b)(1)(i)(C) allow each groundfish 

sector to carry over an amount of 

unused Annual Catch Entitlement (ACE) 

equal to 10 percent of the sector’s 

original ACE for each stock (except for 

Georges Bank [GB] yellowtail flounder) 

that is unused at the end of the fishing 

year into the following fishing year. We 

are required to adjust ACE carryover to 

ensure that the total unused ACE 

combined with the overall sub-ACL 

does not exceed the Acceptable 

Biological Catch (ABC) for the fishing 

year in which the carryover may be 

harvested. We have completed 2020 

fishing year data reconciliation with 

sectors and determined final 2020 

fishing year sector catch and the amount 

of allocation that sectors may carry over 

from the 2020 to the 2021 fishing year. 

Unused ACE from fishing year 2020 

available to carry over to 2021 was 

reduced for the following stocks: 

Georges Bank (GB) cod; GB haddock; 

Gulf of Maine (GOM) haddock; 

Southern New England/Mid-Atlantic 

(SNE/MA) yellowtail flounder; Cape 

Cod/GOM yellowtail flounder; 

American plaice; witch flounder; GB 

winter flounder; GOM winter flounder; 

SNE/MA winter flounder; redfish; white 

hake; and pollock. Complete details on 

carryover reduction percentages can be 

found at: https://www.greateratlantic.

fisheries.noaa.gov/ro/fso/reports/h/ 

groundfish_catch_accounting. 

Table 1 includes the maximum 

amount of allocation that sectors may 

carry over from the 2020 to the 2021 

fishing year. Table 2 includes the de 

minimis amount of carryover for each 

sector for the 2021 fishing year. If the 

overall ACL for any allocated stock is 

exceeded for the 2021 fishing year, the 

allowed carryover harvested by a sector, 

minus the pounds in the sector’s de 

minimis amount, will be counted 

against its allocation to determine 

whether an overage subject to an 

accountability measure occurred. Tables 

3 and 4 list the final ACE available to 

sectors for the 2021 fishing year, 

including finalized carryover amounts 

for each sector, as adjusted down when 

necessary to equal each stock’s ABC. 

Correction to Redfish Exemption Areas 

The Redfish Exemption Program 

defined at § 648.85(e)(1) allows sector 

vessels to target redfish using a 5.5-inch 

(14.0-centimeter (cm)) mesh codend 

within the Redfish Exemption Area, 

defined in the regulations at 

§ 648.85(e)(1)(ii). Also included in the 

regulations for the Redfish Exemption 

Program are two seasonal closure areas 

in which no vessel may participate in 

the Redfish Exemption Program. These 

are the Redfish Exemption Area Cod 

Closure defined at § 648.85(e)(1)(ii)(A) 

and the Redfish Exemption Area 

Seasonal Closure II defined at 

§ 648.85(e)(1)(ii)(B). 

Portions of the boundaries for both 

the Redfish Exemption Area and the 

Redfish Exemption Area Seasonal 

Closure II follow the boundaries of the 

U.S. Exclusive Economic Zone (EEZ). 

The regulations that currently list the 

points delineating these areas state that 

the areas are defined by straight lines 

connecting the following points in the 

order stated. For both areas, when 

straight lines are drawn between points 

located on the U.S. EEZ and preceding 

or subsequent points, the boundaries of 

the areas that result do not follow the 

boundaries of the U.S. EEZ as intended. 


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