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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Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations 11597 

mackerel prior to 12 p.m. local time on 

March 2, 2022. 

Persons on a vessel using hook-andline gear in the southern zone for which 

a Federal commercial permit for Gulf 

king mackerel has been issued, except 

persons on such a vessel also issued a 

Federal commercial permit to harvest 

Gulf king mackerel using run-around 

gillnet gear, may fish for or retain Gulf 

king mackerel unless the southern zone 

commercial quota for hook-and-line gear 

has been met and the hook-and-line 

component of the commercial sector has 

been closed. In addition, as long as the 

recreational sector for Gulf king 

mackerel is open (50 CFR 622.384(e)(1)), 

a person on a vessel that has a valid 

Federal commercial gillnet permit for 

king mackerel may continue to retain 

king mackerel under the recreational 

bag and possession limits set forth in 50 

CFR 622.382(a)(1)(ii) and (a)(2). 

During the commercial closure, Gulf 

king mackerel harvested using runaround gillnet gear in the southern zone 

may not be purchased or sold. This 

prohibition does not apply to Gulf king 

mackerel harvested using run-around 

gillnet gear in the southern zone that 

were harvested, landed ashore, and sold 

prior to the closure and were held in 

cold storage by a dealer or processor (50 

CFR 622.384(e)(2)). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.388(a)(1), which was issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, 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 is 

unnecessary and contrary to the public 

interest. Such procedure is unnecessary 

because the regulations associated with 

the commercial quota and associated 

AM for Gulf king mackerel have already 

been subject to notice and public 

comment, and all that remains is to 

notify the public of the closure. Prior 

notice and opportunity for public 

comment on this action is contrary to 

the public interest because of the need 

to immediately implement the closure 

to protect the Gulf king mackerel 

resource. The capacity of the 

commercial fishing fleet allows for rapid 

harvest of the commercial quota, and 

any delay in the closure could result in 

the commercial quota being exceeded. 

Prior notice and opportunity for public 

comment would require time and would 

potentially result in a harvest that 

exceeds the commercial quota. 

For the previously stated reasons, 

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

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

effectiveness of this action. 

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

Dated: February 25, 2022. 

Ngagne Jafnar Gueye, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–04394 Filed 2–25–22; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 220223–0055] 

RIN 0648–BK73 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; Pink 

Shrimp and Midwater Trawl 

Exemptions to Vessel Monitoring 

System Requirements for the West 

Coast Groundfish Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This rule revises monitoring 

provisions that specify exemptions for 

non-groundfish trawl vessels 

participating in the Pacific coast pink 

shrimp fishery and for groundfish 

midwater trawl vessels. In a final rule 

on vessel movement, monitoring, and 

declaration management for the Pacific 

coast groundfish fishery published on 

June 11, 2020, vessels in the pink 

shrimp trawl fishery were incorrectly 

included with other open access nongroundfish trawl vessels that became 

subject to a higher position transmission 

rate on their NMFS type-approved 

vessel monitoring system (VMS) units. 

This final rule corrects the error and 

returns the required transmission rate 

for vessels in the pink shrimp trawl 

fishery to once every 60 minutes, as 

recommended by the Pacific Fishery 

Management Council (Council). This 

action also corrects a citation error in 

the VMS regulations with regards to 

exemptions for midwater trawl vessels, 

as well as a typographical error in the 

trawl fishery prohibitions. 

DATES: Effective April 1, 2022. 

ADDRESSES: Copies of the analytic 

document supporting this action, are 

available via the Federal eRulemaking 

Portal: https://www.regulations.gov, 

docket NOAA–NMFS–2021–0085, or by 

contacting the Pacific Fishery 

Management Council, 7700 NE 

Ambassador Place, Suite 101, Portland, 

OR 97220–1384. 

FOR FURTHER INFORMATION CONTACT: Matt 

Dunlap, Fishery Policy Analyst, 206– 

526–6019, or matthew.dunlap@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 11, 2020, NMFS published a 

final rule on vessel movement, 

monitoring, and declaration 

management that revised reporting and 

monitoring provisions for vessels 

participating in the Pacific coast 

groundfish fishery (85 FR 35594). The 

rule increased the vessel position 

frequency to improve NMFS’s ability to 

enforce fishing activity around 

restricted areas. The rule required an 

increase in the position transmission 

rate from once every 60 minutes to once 

every 15 minutes for groundfish vessels 

using NMFS type-approved VMS units. 

This increase in frequency produces 

more course, location, and speed data to 

improve NMFS’s ability to identify 

whether vessels are continuously 

transiting in restricted areas or not. The 

Council discussed and recommended an 

exemption to the increased transmission 

rate for vessels fishing in the pink 

shrimp trawl fishery because this 

fishery is not subject to restrictions 

against trawling in Rockfish 

Conservation Areas (RCAs) and because 

the Council and NMFS Office of Law 

Enforcement did not have concerns with 

enforcing pink shrimp trawling 

restrictions in Essential Fish Habitat 

(EFH) Conservation Areas. However, the 

exemption for pink shrimp trawl vessels 

was inadvertently not included in the 

original proposed or final rule. This 

final rule adds the exemption to the 

increased ping rate for pink shrimp 

trawl vessels, corrects a citation error in 

the midwater trawl exemption at 50 CFR 

660.14(d)(3)(ii)(B), and corrects a 

typographical error in the prohibitions 

section of the trawl fishery regulations 

at 50 CFR 660.112(b)(1)(x). 

Between September 2014 and April 

2016, the Council developed and 

considered management measures to 

address a range of vessel and gear 

movement issues and aggregated these 

issues under a single vessel movement 

monitoring agenda item. Additional 

details about the Council’s 

considerations are included in the 

Council’s analytical document (see 

ADDRESSES). The Council’s public 


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