11590 Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations 

references, removes confusing 

references for travel, and removes 

inconsistent language for authorizations 

for OLMs. 

VII. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) does not apply to this 

rule, because an opportunity for public 

comment is not required to be given for 

this rule under 41 U.S.C. 1707(a)(1) (see 

Section VI. of this preamble). 

Accordingly, no regulatory flexibility 

analysis is required and none has been 

prepared. 

VIII. Paperwork Reduction Act 

The final rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 538 and 

552 

Government procurement. 

Jeffrey A. Koses, 

Senior Procurement Executive, Office of 

Acquisition Policy, Office of Governmentwide Policy, General Services Administration. 

Therefore, GSA amends 48 CFR parts 

538 and 552 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 538 and 552 continues to read as 

follows: 

Authority: 40 U.S.C. 121(c). 

PART 538—FEDERAL SUPPLY 

SCHEDULE CONTRACTING 

538.7201 [Removed and Reserved] 

■ 2. Remove and reserve section 

538.7201. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Amend section 552.238–115 by— 

■ a. Revising the date of the clause; 

■ b. In paragraph (a), in the definition of 

‘‘Order-level materials’’ by removing the 

words ‘‘materials means’’ and adding 

‘‘materials, as used in this clause’’ and 

in the third sentence removing the 

phrase ‘‘this section’’ and adding the 

phrase ‘‘this clause’’ in its place; 

■ c. Revising paragraph (d)(2); 

■ d. Removing from paragraph (d)(4) the 

phrase ‘‘FSS contract’’, and adding the 

phrase ‘‘FSS Contract,’’ in its place. 

■ e. Removing from paragraph (d)(6) the 

phrase ‘‘follow procedures’’ and adding 

the phrase ‘‘follow the procedures’’ in 

its place; 

■ f. Removing from paragraph (d)(7)(i) 

introductory text the word ‘‘contractor’’ 

and adding the word ‘‘Contractor’’ in its 

place; 

■ g. Removing from paragraph 

(d)(7)(i)(A) the phrase ‘‘contractor under 

FAR 52.212–4 Alt I (i)(1)(ii)(A)’’ and 

adding the phrase ‘‘Contractor under 

paragraph (i)(1)(ii)(A) of FAR clause 

52.212–4 Alternate I’’ in its place; 

■ h. Removing from paragraph 

(d)(7)(i)(B) the word ‘‘contractor’’ and 

adding the word ‘‘Contractor’’ in its 

place wherever it appears, and removing 

the word ‘‘its’’; 

■ i. Revising paragraph (d)(7)(i)(C); 

■ j. Removing from paragraph (d)(7)(iii) 

the phrase ‘‘FAR 52.212–4(i)(1)(ii)(D)(2) 

Alternate I’’ and adding the phrase 

‘‘paragraph (i)(1)(ii)(D)(2) of FAR clause 

52.212–4 Alternate I’’ in its place; 

■ k. Removing from paragraph (d)(9) the 

phrases ‘‘by GSA’’ and ‘‘compliance 

with the IFF’’ and adding the phrases 

‘‘by GSA (Federal Supply Schedules)’’ 

and ‘‘compliance with the Industrial 

Funding Fee (IFF)’’ in their places 

respectively; 

■ l. Removing from paragraph (d)(10) 

introductory text the phrase ‘‘OLMs’’ 

and adding the phrase ‘‘Order-level 

materials’’ in its place; 

■ m. Removing from paragraph 

(d)(10)(ii) the phrase ‘‘FSS Schedule 

Pricelists’’ and adding ‘‘Federal Supply 

Schedule (FSS) Price Lists’’ in its place; 

and 

■ n. Removing paragraph (d)(11). 

The revisions read as follows: 

552.238–115 Special Ordering Procedures 

for the Acquisition of Order-Level Materials 

* * * * * 

Special Ordering Procedures for the 

Acquisition of Order-Level Materials (Apr 

2022) 

* * * * * 

(d) * * * 

(2) Order-level materials are included in 

the definition of the term ‘‘material’’ in FAR 

clause 52.212–4 Alternate I, and, therefore, 

all provisions of FAR clause 52.212–4 

Alternate I that apply to ‘‘materials’’ also 

apply to order-level materials. 

* * * * * 

(7) * * * 

(i) * * * 

(C) A Contractor with an approved 

purchasing system, per FAR subpart 44.3, 

shall instead follow its purchasing system 

requirement and is exempt from the 

requirements in paragraphs (d)(7)(i)(A) and 

(B) of this clause. 

* * * * * 

[FR Doc. 2022–04287 Filed 3–1–22; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 220223–0053] 

RIN 0648–BL26 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan Regulations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

final rule. 

SUMMARY: NMFS is implementing a 

temporary emergency rule to prohibit 

trap/pot fishery buoy lines between 

Federal and State waters within the 

Massachusetts Restricted Area during 

the month of April 2022 to reduce the 

incidental mortality and serious injury 

to North Atlantic right whales 

(Eubalaena glacialis) in commercial 

lobster and Jonah crab trap/pot fisheries. 

This emergency rule is necessary to 

reduce the risk of right whale mortality 

and serious injury in buoy lines in an 

area with a high co-occurrence of 

whales and buoy lines. 

DATES: Effective April 1, 2022, through 

April 30, 2022. 

ADDRESSES: Copies of the documents 

associated with this emergency rule are 

available at https://

www.fisheries.noaa.gov/alwtrp or by 

emailing Marisa Trego at marisa.trego@

noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Marisa Trego, 978–282–8484, 

marisa.trego@noaa.gov, Colleen Coogan, 

978 281–9181, colleen.coogan@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The North Atlantic right whale 

(Eubalaena glacialis, hereafter referred 

to as right whale) population has been 

in decline since 2010, with the most 

recent published estimate of right whale 

population size in 2019 at 368 whales 

(±11) with a strong male bias (Pace et al. 

2017, Pace 2021). Preliminary 2020 and 

2021 data suggest the decline has 

continued and that fewer than 350 

individuals remain (Pettis et al. 2022). 

Though this population estimate is not 

final and still undergoing final peer 

review, it relies upon the same peerreviewed population models used in 


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Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations 11591 

1There are no Alaska Native or Indian tribal 

organizations participating in fisheries managed 

under the Atlantic Large Whale Take Reduction 

Team. 

Pace et al. (2017) and Pace (2021) and 

is not expected to change significantly 

in the final publication. The steep 

population decline is a result of high 

levels of human-caused mortality 

caused by entanglement in fishing gear 

and vessel strikes in both the U.S. and 

Canada. An Unusual Mortality Event, as 

defined in section 410 of the Marine 

Mammal Protection Act (MMPA), was 

declared for the population in 2017 as 

a result of high rates of entanglement in 

fishing gear and vessel strikes. As of 

January 2022, the Event includes 34 

detected mortalities (17 in 2017, 3 in 

2018, 10 in 2019, 2 in 2020, and 2 in 

2021). In 2020, 16 serious injuries were 

documented (2 in 2017, 5 in 2018, 1 in 

2019, 4 in 2020, and 4 in 2021; see: 

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

national/marine-life-distress/2017-2021- 

north-atlantic-right-whale-unusualmortality-event). Mortality is higher 

than what has been observed, according 

to population models that estimate that 

64 percent of all mortalities are not 

observed and accounted for in the right 

whale observed incident data (Pace 

2021, Pace et al. 2021). 

The North Atlantic right whale is 

listed as an endangered species under 

the Endangered Species Act, and 

considered a strategic stock under the 

Marine Mammal Protection Act 

(MMPA). NMFS is required by the 

MMPA to reduce the risk of serious 

injury and death caused by 

entanglement in commercial fishing 

gear to a rate below the potential 

biological removal level (PBR), 

prescribed as the maximum number of 

animals that can be removed annually 

while allowing a marine mammal stock 

to reach or maintain its optimal 

sustainable population level. PBR for 

the North Atlantic right whale 

population was 0.7 whales per year in 

the most recently published draft stock 

assessment report (NMFS 2021a). 

Between 2010 and 2021, there has only 

been one year where observed mortality 

and serious injury of right whales fell 

below the PBR at the time, which was 

an individual with a partial serious 

injury given a prorated quantity of 0.75. 

With the total estimated mortality well 

above PBR, additional measures are 

urgently needed to reduce the impact of 

U. S. Atlantic fisheries on right whales. 

The Atlantic Large Whale Take 

Reduction Plan (Plan) was originally 

developed pursuant to section 118 of 

the MMPA (16 U.S.C. 1387) to reduce 

mortality and serious injury of three 

stocks of large whales (fin, humpback, 

and North Atlantic right) incidental to 

Category I and II fisheries. Under the 

MMPA, a strategic stock of marine 

mammals is defined as a stock: (1) For 

which the level of direct human-caused 

mortality exceeds the Potential 

Biological Removal (PBR) level; (2) 

which, based on the best available 

scientific information, is declining and 

is likely to be listed as a threatened 

species under the Endangered Species 

Act (ESA) of 1973 within the foreseeable 

future; or (3) which is listed as a 

threatened or endangered species under 

the ESA or is designated as depleted 

under the MMPA (16 U.S.C. 1362(19)). 

When incidental mortality or serious 

injury of marine mammals from 

commercial fishing exceeds a stock’s 

PBR level, the MMPA directs NMFS to 

convene a take reduction team made up 

of stakeholders, including: 

representatives of Federal agencies; each 

coastal state which has fisheries which 

interact with the species or stock; 

appropriate Regional Fishery 

Management Councils; interstate 

fisheries commissions, academic and 

scientific organizations; environmental 

groups; all commercial and recreational 

fisheries groups and gear types which 

incidentally take the species or stock; 

and, if relevant, Alaska Native 

organizations or Indian tribal 

organizations.1

The Atlantic Large Whale Take 

Reduction Team (ALWTRT) was 

established in 1996 and has 60 

members, including about 22 trap/pot 

and gillnet fishermen or fishery 

representatives. The background for the 

take reduction planning process and 

initial development of the Plan is 

provided in the preambles to the 

proposed (62 FR 16519, April 7, 1997), 

interim final (62 FR 39157, July 22, 

1997), and final (64 FR 7529, February 

16, 1999) rules implementing the initial 

plan. The Team met and recommended 

modifications to the Plan, implemented 

by NMFS through rulemaking, several 

times since 1997 in an ongoing effort to 

meet the MMPA take reduction goals. 

Mortalities and serious injuries of 

right whales in U.S. fishing gear and 

first seen in U.S. waters at levels above 

PBR have continued. NMFS informed 

the Team in late 2017 that it was 

necessary to reconvene to develop 

recommendations to reduce the impacts 

of U.S. commercial fisheries on large 

whales with a focus on reducing risk to 

the declining North Atlantic right whale 

population. During a Team meeting in 

April 2019, the Team recommended a 

framework of measures to modify 

lobster and Jonah crab trap/pot trawls 

within the Northeast Region Trap/Pot 

Management Area (Northeast Region). 

The recommended measures intended 

to reduce risk of mortality and serious 

injury to right whales incidentally 

entangled in buoy lines in those 

fisheries by at least 60 percent, which 

was the best estimate at the time of the 

minimum amount of risk necessary to 

get annual severe entanglement rates 

below PBR based on observed 

entanglement incidents. NMFS 

published a Final Environmental Impact 

Statement (FEIS) on July 2, 2021 (86 FR 

35288), with a 30-day comment period. 

The Record of Decision was signed on 

August 30, 2021, and the final rule was 

published on September 17, 2021 (86 FR 

51970). The new rule was estimated to 

meet the minimum 60-percent reduction 

in risk recommended by the Team in 

2019. Greater detail on right whale 

population estimates, the stock’s 

decline, changes in distribution and 

reproductive rates, and entanglementrelated mortalities and serious injuries 

documented in recent years can be 

found in Chapters 2 and 4 of the FEIS 

(NMFS 2021b) and the preamble to the 

2021 final rule (86 FR 51970). 

Justification for Emergency Action 

New population information 

published since the 2019 Team meeting 

and recent 2021 final rule suggest that 

a greater amount of risk reduction is 

needed to reduce mortality and serious 

injury of right whales in U.S. 

commercial fisheries below PBR, as 

required by the MMPA. NMFS 

presented the new minimum risk 

reduction needed to the team in a 

webinar on November 2, 2021, 

estimating an increase from the 

minimum of 60-percent risk reduction 

estimated in Phase 1 based on observed 

incidents, to at least a 90-percent total 

risk reduction based on estimated 

mortality. Phase 1 is intended to achieve 

an estimated 60-percent reduction in 

entanglement risk from Northeast 

lobster and Jonah crab trap pot fisheries, 

which make up approximately 93 

percent of fixed gear buoy lines in the 

right whale range within U.S. waters. A 

rulemaking process for Phase 2 

modifications to the Plan began on 

August 11, 2021, with a Notice of Intent 

to prepare an Environmental Impact 

Statement that aims to further reduce 

risk in all fisheries covered under the 

plan coastwide. However, a single 

mortality or serious injury of a North 

Atlantic right whale in a U.S. fishery 

would exceed PBR. Therefore, 

observations in 2021 and new 

information submitted to NMFS merit 

emergency measures in an area of 

anticipated acute risk of entanglement 


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11592 Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations 

to the population while long-term 

measures are being developed. 

One measure included in the 2021 

final rule (86 FR 51970, September 17, 

2021) has left a critical gap in protection 

where right whale distribution 

information identifies a high risk of 

overlap between right whales and buoy 

lines. Right whale monthly distribution 

data identifies risk in unrestricted 

waters encapsulated on three sides by 

the expanded Massachusetts Restricted 

Area (MRA) during the month of April. 

The 2021 expansion of the geographic 

extent of the MRA to include 

Massachusetts State waters north to the 

New Hampshire border (MRA 

Expansion, Figure 1) mirrors the 

Massachusetts 2021 modification of the 

State water closure (322 CMR 12.04(2)). 

With the implementation of the MRA 

Expansion, approximately 200 square 

miles (518 square kilometers) of Federal 

waters remain open to trap/pot fishing 

between State and Federal closures 

creating a wedge where 2021 data 

indicate that trap/pot gear is 

concentrated during the closure period 

(MRA Wedge, Figure 2). During aerial 

surveys in April 2021, the Center for 

Coastal Studies (CCS) observed right 

whales within this wedge alongside the 

presence of aggregated fishing gear 

(Figure 2). The gear in this area is 

thought to be a mix of actively fished 

gear and staged gear that is placed in 

preparation for Federal waters within 

the MRA to open in May. In addition, 

during April, fishermen anticipating the 

May 1 opening of Federal waters of the 

MRA may start bringing gear offshore to 

prepare to move into the MRA. This, in 

addition to the gear from fishermen 

already actively fishing outside of the 

buoy line closure area, increases gear 

density in the area. Finally, weak 

insertion requirements that reduce risk 

of serious entanglements included in 

the 2021 final rule will not yet be 

required in Federal waters until May 1, 

2022. Given the dense concentration of 

high-strength vertical lines in an area 

with persistent right whale presence, 

this wedge area presents an imminent 

entanglement threat. 

BILLING CODE 3510–22–P 


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Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations 11593 


lotter on DSK11XQN23PROD with RULES1ER02MR22.046</GPH>

Figure 1: The Massachusetts Restricted Area expansion (hatched area) of the original closure area (solid gray) was 

closed by Massachusetts State in Spring of 2021 and mirrored in the Atlantic Large Whale Take Reduction Plan in 

Fall of 2021. 

M 

Restri 

...,...._,..---,......i:;:....:,.;;,.....,._...,"11 

- Depth units = fathoms / Not fc>r navigational purpn~s 

• Chart Name; Cape Sable to CaJ>e Hatter'a$ 

- ChartJ: 13003_ 1 

Legend 

Ill Massa.chusetts Restricted Area 

Ill Massachusetts: Restricted Area North 
11594 Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations 

BILLING CODE 3510–22–C 

Emergency Measures 

This emergency rule implements a 

fishery closure in the waters nearly 

circumscribed by Federal and State 

waters of the MRA, where the use of 

persistent trap/pot buoy lines is 

prohibited in April 2022 (Figure 2). This 

closure period is only a portion of the 

existing MRA closure season as 

implemented in the 2021 final rule (86 

FR 51970, September 17, 2021), which 

is closed as of February 1 and continues 

through April 30 in Federal waters, and 

in Massachusetts State waters February 

1 through May 15 with an option to 

open earlier or close later, depending on 

right whale occurrence under State 

regulations (322 CMR 12.04(2)). Risk 

reduction and change in right whale cooccurrence were calculated for this 

emergency measure using the same 

version of the Decision Support Tool (V 

3.1.0) that was used in the 2021 FEIS 

(NMFS 2021b). The area restricted by 

this emergency rule includes 

approximately 200 square miles (518 

square kilometers and represents about 

2.2 percent of the pre-final rule risk of 

Northeast lobster and Jonah crab trap/ 

pot fisheries. Closure of this area to 

buoy lines in April would result in 2- 

to 2.2-percent risk reduction, and 1.3- to 

1.5-percent reduction in co-occurrence 

with right whales, depending on 

whether gear is relocated or removed, 

respectively. When combined with the 

2021 final rule (86 FR 51970, September 

17, 2021), this one-month closure adds 

at least an additional 1.6-percent risk 

reduction due to the interactive effects 

of an added closure during April with 

other measures that weaken, reduce, or 

relocate buoy lines. Though this 

additional reduction seems small, it 

offers measurable reduction in a 

relatively small area for a very short 

time period. 

The Decision Support Tool used to 

estimate risk reduction of these 


lotter on DSK11XQN23PROD with RULES1ER02MR22.047</GPH>

Figure 2: The area closed by this emergency rule is the hatched area. Sightings of whales during April 2021 (gray 

and black shapes) and gear observed on two different days are overlaid. Right whale sightings from the Center for 

Coastal Studies aerial surveys are represented by gray circles, gray triangles show Northeast Fishery Science Center 

(NEFSC) dedicated aerial and shipboard surveys, and black crosses are opportunistic sightings collected by NEFSC. 

Fishing gear (white diamonds) observed by the Center for Coastal Studies on April 19, 2021, and April 28, 2021, 

were selected as representative snapshots of fishing gear present in survey areas. Surveys concentrate on Cape Cod 

Bay; surveyors rarely fly north of mid Cape Ann, offshore Rockport, MA. These maps are used for qualitative not 

quantitative comparison, and differ from Decision Support Tool data. 

-70°30' 

April 2021 North Atlantic Right Whale 

Sightings with Daily Observations of 

Fishing Gear 

ttS Gear Si!iJhtlngs Oppottunistic RW Sightings 

NUMBER NUMBER ◊ ,;3 + S1 

◊ s7 + s3 

◊ .s12 ♦ S6 

¢s22 +s9 

¢s3S +,m 

NEFS~ O~dicat~ survey ccs RW Si htin s RW S1ghtmgs g g 

• s1 

• s3 

,6. S6 

,A.SB 

£s1S 

NUMBER 

• s1 • S3 

•s6 

ess 

.,,,s 

fm;luded North Atl,mtic Right Whale (RW} sightings 

data from Northe;1st Fishefies Science Center 

(NEFSq dedicated surveys, Center for Coastal 

Studies (CCS) surveys, arid opportunistic sightings 

were collected in April J021. Fishing gear sightings 

data wer.e collected from CCS aerial surveys on two 

separate d.iys in April 2021, Aprll 19 (left) and April 

28th (right), 
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations 11595 

measures relies on whale distribution 

data through 2018 and line estimates 

from recent years before the new 

seasonal restricted area was 

implemented. These data likely 

underestimate the risk reduction given 

2020 and 2021 observations of right 

whale distribution and the 2021 

restrictions may have pushed more gear 

into this area. Furthermore, the right 

whale habitat density model produced 

by Duke University and used within the 

Decision Support Tool estimates that 

approximately 4.6 whales are likely to 

be present in this locality during the 

month of April, but observation data 

collected during April 2021 suggest that 

in 2022 there may be more right whales 

in the area than the model predicts 

(Figure 2). Given the empirical evidence 

collected in 2021, it is likely that the 

risk reduction estimated in this small 

area may have even greater value to the 

right whale population than the percent 

reduction suggests, particularly in years 

when right whale aggregations are high. 

The economic impact of an April 

fishery closure to lobster and Jonah crab 

trap/pot buoy lines is estimated to be 

small relative to the total value of the 

fishery. It is estimated to impact 

approximately 37 vessels and represents 

a landing value of approximately $2,210 

per vessel for a total cost of $82,869. 

This estimate is a worse-case scenario 

that assumes the gear is removed rather 

than relocated elsewhere. The number 

of vessels impacted was calculated from 

the average number of vessels fishing 

within the MRA Wedge during April 

from 2015 to 2019 according to Vessel 

Trip Report (VTR) data, and was 

adjusted based on the average 

percentage of Lobster Management Area 

1 lobster-only vessels required to 

provide VTR data in Massachusetts, 

which is 42 percent. Landing values 

were similarly averaged for April using 

landing pounds from VTR data and 

April lobster prices in Massachusetts 

from dealer reports. 

Classification 

The NMFS Assistant Administrator 

has determined that this emergency rule 

is consistent with the Plan, with the 

emergency rulemaking authority under 

section 118(g) of the Marine Mammal 

Protection Act (MMPA), and with other 

applicable laws. Further evaluation of 

this authority and environmental 

impacts can be found at https://

www.fisheries.noaa.gov/alwtrp. This 

emergency rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

This emergency final rule is exempt 

from the procedures of the Regulatory 

Flexibility Act because the rule will not 

include prior notice or an opportunity 

for public comment. 

This emergency final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator for Fisheries 

finds prior notice and public comment 

is not required because it would be 

impracticable and contrary to the public 

interest. Right whale monthly 

distribution data identifies risk in 

unrestricted waters encapsulated on 

three sides by the expanded 

Massachusetts Restricted Area (MRA) 

during the month of April. The 2021 

expansion of the geographic extent of 

the MRA to include Massachusetts State 

waters north to the New Hampshire 

border (MRA Expansion, Figure 1) 

mirrors the Massachusetts 2021 

modification of the State water closure 

(322 CMR 12.04(2)). With the 

implementation of the MRA Expansion, 

approximately 200 square miles (518 

square km) of Federal waters remain 

open to trap/pot fishing between State 

and Federal closures creating a wedge 

where 2021 data indicates that trap/pot 

gear is concentrated during the closure 

period (MRA Wedge, Figure 2). During 

aerial surveys in April 2021, the Center 

for Coastal Studies (CCS) observed right 

whales within this wedge alongside the 

presence of aggregated fishing gear 

(Figure 2). The gear in this area is 

thought to be a mix of actively fished 

gear and staged gear that is placed in 

preparation for Federal waters within 

the MRA to open in May. In addition, 

during April fishermen anticipating the 

May 1 opening of Federal waters of the 

MRA may start bringing gear offshore to 

prepare to move into the MRA. This, in 

addition to the gear from fishermen 

already actively fishing outside of the 

buoy line closure area, could increase 

gear density in the area. Finally, weak 

insertion requirements that reduce risk 

of serious entanglements, included in 

the 2021 final rule, will not yet be 

required in Federal waters until May 1, 

2022. Given the dense concentration of 

high-strength vertical lines in an area 

with persistent right whale presence, 

this wedge area presents an imminent 

entanglement threat. 

In summary, this emergency action is 

necessary to prevent risk to right whales 

in an area of elevated risk in 

Massachusetts Bay in April 2022. 

Providing prior notice through proposed 

rulemaking and public comment period 

in the normal rulemaking process would 

be counter to public interest by delaying 

implementation of emergency measures 

intended to provide relief for this time 

sensitive management problem. For the 

reasons outlined above, NMFS finds it 

impracticable and contrary to the public 

interest to provide prior notice and 

public comment on these emergency 

measures. 

References 

NMFS. 2019. Guidance on the Application of 

NEPA for Emergency Response Actions. 

Memo to National Environmental Policy 

Act (NEPA) Practitioners. September 23, 

2019. 

NMFS. 2021a. Draft U.S. Atlantic and Gulf of 

Mexico Marine Mammal Stock 

Assessments 2021 https://

media.fisheries.noaa.gov/2021-10/ 

Draft%202021%20NE%26

SE%20SARs.pdf. 

NMFS. 2021b. Final Environmental Impact 

Statement, Regulatory Impact Review, 

and Initial Regulatory Flexibility 

Analysis for Amending the Atlantic 

Large Whale Take Reduction Plan: Risk 

Reduction Rule. NOAA, National Marine 

Fisheries Service, Greater Atlantic 

Regional Fisheries Office. 

Pace, R.M., P.J. Corkeron, and S.D. Kraus. 

2017. State-space mark-recapture 

estimates reveal a recent decline in 

abundance of North Atlantic right 

whales. Ecology and Evolution 7:8730– 

8741. 

Pace, R.M. 2021. Revisions and Further 

Evaluations of the Right Whale 

Abundance Model: Improvements for 

Hypothesis Testing. NOAA Technical 

Memorandum NMFS–NE–269. Northeast 

Fisheries Science Center, Woods Hole, 

MA. 

Pace, R.M., R. Williams, S.D. Kraus, A.R. 

Knowlton, and H.M. Pettis. 2021. Cryptic 

mortality of North Atlantic right whales. 

Conservation Science and Practice 

2021:e346. 

Pettis, H.M., R.M. Pace, and P.K. Hamilton. 

2022. North Atlantic Right Whale 

Consortium 2021 Annual Report Card. 

Report to the North Atlantic Right Whale 

Consortium. 

List of Subjects in 50 CFR Part 229 

Administrative practice and 

procedure, Confidential business 

information, Endangered Species, 

Fisheries, Marine mammals, Reporting 

and recordkeeping requirements. 

Dated: February 23, 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 229 is amended 

as follows: 

PART 229—AUTHORIZATION FOR 

COMMERCIAL FISHERIES UNDER THE 

MARINE MAMMAL PROTECTION ACT 

OF 1972 

■ 1. The authority citation for 50 CFR 

part 229 continues to read as follows: 


lotter on DSK11XQN23PROD with RULES1
11596 Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations 

Authority: 16 U.S.C. 1361 et seq.; 

§ 229.32(f) also issued under 16 U.S.C. 1531 

et seq. 

■ 2. In § 229.32, add paragraph (c)(3)(iv) 

to read as follows: 

§ 229.32 Atlantic large whale take 

reduction plan regulations. 

* * * * * 

(c) * * * 

(3) * * * 

(iv) Massachusetts Restricted Area 

emergency extension. During the period 

April 1–30, 2022, the Massachusetts 

Restricted Area defined in paragraph 

(c)(3)(i) of this section is extended from 

the Massachusetts State waters 

boundary at MRAW1 to MRAW2 (also 

MRA3 in Table 11 to paragraph 

(c)(3)(i)), then it is bounded by a rhumb 

line connecting points MRAW2 to 

MRAW3 (MRA4), and then bounded by 

a rhumb line connecting points MRAW3 

through MRAW4 (MRA5) back to 

MRAW1, in the order detailed in Table 

11a to this paragraph (c)(3)(iv). From 

April 1, 2022, through April 30, 2022, 

it is prohibited to fish with, set, or 

possess trap/pot gear in the area in this 

paragraph (c)(3)(iv) unless it is fished 

without buoy lines or with buoy lines 

that are stored on the bottom until 

remotely released for hauling, or buoy 

lines that are stowed in accordance with 

§ 229.2. Authorizations for fishing 

without buoy lines must be obtained if 

such fishing would not be in accordance 

with surface marking requirements of 

§§ 697.21 and 648.84 of this title or 

other applicable fishery management 

regulations in this title. The minimum 

number of trap/trawl gear configuration 

requirements specified in paragraph 

(c)(2)(iv) of this section remain in effect 

unless an exemption to those 

requirements is authorized. 

TABLE 11a TO PARAGRAPH (c)(3)(iv) 

Point Lat Long 

MRAW1 ........................ 42°39.77′ ... 70°30′ 

MRAW2 (MRA3) .......... 42°12′ ........ 70°38.69′ 

MRAW3 (MRA4) .......... 42°12′ ........ 70°30′ 

MRAW4 (MRA5) .......... 42°30′ ........ 70°30′ 

MRAW1 ........................ 42°39.77′ ... 70°30′ 

* * * * * 

[FR Doc. 2022–04291 Filed 3–1–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 160426363–7275–02; RTID 

0648–XB854] 

Coastal Migratory Pelagic Resources 

of the Gulf of Mexico and Atlantic 

Region; 2021–2022 Closure of 

Commercial Run-Around Gillnet 

Fishery for King Mackerel 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes commercial 

harvest of king mackerel in the southern 

zone of the Gulf of Mexico (Gulf) 

exclusive economic zone (EEZ) using 

run-around gillnet gear. NMFS has 

determined that the commercial annual 

catch limit (ACL) for king mackerel 

harvested by run-around gillnet gear in 

the Gulf southern zone has been 

reached. Therefore, NMFS implements 

an accountability measure (AM) and 

closes the southern zone to commercial 

king mackerel fishing using run-around 

gillnet gear in the Gulf EEZ on March 2, 

2022. This closure is necessary to 

protect the Gulf king mackerel resource. 

DATES: The closure is effective from 12 

p.m. local time on March 2, 2022, until 

6 a.m. local time on January 17, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Kelli O’Donnell, NMFS Southeast 

Regional Office, telephone: 727–824– 

5305, email: kelli.odonnell@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

in the Gulf includes king mackerel, 

Spanish mackerel, and cobia, and is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and Atlantic Region (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils. NMFS 

implements the FMP under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. All 

weights for the Gulf migratory group of 

king mackerel (Gulf king mackerel) 

apply as either round or gutted weight. 

The commercial fishery for Gulf king 

mackerel is divided into western, 

northern, and southern zones. The 

southern zone for Gulf king mackerel 

encompasses an area of the Gulf EEZ off 

Collier and Monroe Counties in south 

Florida, which is the EEZ south of a line 

extending due west from the boundary 

of Lee and Collier Counties on the 

Florida west coast, and south of a line 

extending due east from the boundary of 

Monroe and Miami-Dade Counties on 

the Florida east coast (50 CFR 

622.369(a)(1)(iii)). 

The commercial ACL for Gulf king 

mackerel is divided into separate ACLs 

for hook-and-line and run-around 

gillnet gear. The use of run-around 

gillnets for king mackerel is restricted to 

the Gulf southern zone. The commercial 

gillnet quota (equivalent to the 

commercial gillnet ACL) for Gulf king 

mackerel is normally 575,400 lb 

(260,997 kg) and the current fishing year 

is from July 1, 2021, through June 30, 

2022 (50 CFR 622.384(b)(1)(iii)(B)). 

However, on October 5, 2021, NMFS 

published a temporary rule in the 

Federal Register to reduce the 

commercial gillnet ACL for the 2021– 

2022 fishing year (86 FR 54871, October 

5, 2021). NMFS determined that 

landings in the 2020–2021 fishing year 

of king mackerel harvested by runaround gillnet gear exceeded the 

commercial quota of 575,400 lb (260,997 

kg) by 11,920 lb (5,407 kg). The AM 

specified in 50 CFR 622.388(a)(1)(iii) 

states if commercial landings of king 

mackerel caught by run-around gillnet 

gear exceed the ACL, then NMFS will 

reduce the commercial gillnet ACL in 

the following fishing year by the amount 

of the ACL overage. Therefore, NMFS 

reduced the 2021–2022 commercial 

gillnet ACL to 563,480 lb (255,590 kg) 

for the 2021–2022 fishing year. 

Further, regulations at 50 CFR 

622.388(a)(1) require NMFS to close any 

component of the king mackerel 

commercial sector when its applicable 

quota has been reached, or is projected 

to be reached, by filing a notification to 

that effect with the Office of the Federal 

Register. NMFS has determined that for 

the 2021–2022 fishing year, landings 

have reached the commercial quota for 

Gulf king mackerel on vessels using runaround gillnet gear in the southern zone. 

Accordingly, commercial fishing using 

such gear in the southern zone is closed 

at 12 p.m. local time on March 2, 2022. 

The next fishing season begins at 6 a.m. 

local time on January 17, 2023, i.e., the 

day after the 2023 Martin Luther King, 

Jr. Federal holiday. Vessel operators that 

have been issued a Federal commercial 

permit to harvest Gulf king mackerel 

using run-around gillnet gear in the 

southern zone must have landed ashore 

and bartered, traded, or sold such king 


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