Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Rules and Regulations 17195 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 220318–0074] 

RIN 0648–BK90 

Pacific Island Fisheries; 2022–2025 

Annual Catch Limits and 

Accountability Measures for Main 

Hawaiian Islands Uku (Gray Jobfish) 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, NMFS 

implements an annual catch limit (ACL) 

of 295,419 lb (134 metric tons (t)), an 

annual catch target (ACT) of 291,010 lb 

(132 t), and accountability measures 

(AM) for main Hawaiian Islands (MHI) 

uku for fishing years 2022, 2023, 2024, 

and 2025. These ACLs and ACTs apply 

to the total combined commercial and 

non-commercial catch of uku. As an inseason accountability measure, if NMFS 

projects that the total catch will reach 

the ACT in any given fishing year, we 

would close commercial and noncommercial uku fisheries in Federal 

waters for the remainder of the fishing 

year. As a post-season AM, if NMFS 

determines that the most recent threeyear average total catch exceeded the 

ACL in a fishing year, we would reduce 

the ACL and ACT for the following 

fishing year by the amount of the 

overage. This rule supports the longterm sustainability of MHI uku. 

DATES: The final rule is effective April 

27, 2022. 

ADDRESSES: Copies of the Fishery 

Ecosystem Plan for the Hawaii 

Archipelago (FEP) are available from the 

Western Pacific Fishery Management 

Council (Council), 1164 Bishop St., 

Suite 1400, Honolulu, HI 96813, tel. 

808–522–8220, fax 808–522–8226, or 

www.wpcouncil.org. 

Copies of the environmental analyses 

and other supporting documents for this 

action are available from https://

www.regulations.gov/docket?D=NOAANMFS-2021-0088, or from Michael D. 

Tosatto, Regional Administrator, NMFS 

Pacific Islands Regional Office (PIRO), 

1845 Wasp Blvd., Bldg. 176, Honolulu, 

HI 96818. 

FOR FURTHER INFORMATION CONTACT: 

David O’Brien, NMFS PIRO Sustainable 

Fisheries, 808–725–5038. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage the MHI uku fishery 

in Federal waters around Hawaii under 

the Fishery Ecosystem Plan for the 

Hawaiian Archipelago (FEP), as 

authorized by the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). NMFS is 

required under the regulations at 50 

CFR 665.4 to specify an ACL, and 

optionally specify an ACT, for MHI uku 

each fishing year based on a 

recommendation from the Council. The 

specification of an ACT reduces the 

likelihood that the ACL will be 

exceeded. 

The Council recommended that 

NMFS implement ACLs, ACTs, and 

AMs for MHI uku for 2022, 2023, 2024, 

and 2025. The fishing year for MHI uku 

is the calendar year. The Council 

recommended an ACL of 295,419 lb and 

ACT of 291,010 lb based on a 2020 MHI 

uku stock assessment, in consideration 

of the risk of overfishing, past fishery 

performance, the acceptable biological 

catch recommendation from its 

Scientific and Statistical Committee, 

and with opportunity for public input. 

As an in-season AM, if NMFS projects 

that total catch will reach the ACT, we 

would close Federal waters to the 

commercial and non-commercial 

fisheries for MHI uku for the remainder 

of the fishing year. As a post-season 

AM, if NMFS determines that the most 

recent three-year average MHI uku total 

catch exceeds the ACL in any given 

year, NMFS would reduce the ACL and 

ACT for the subsequent fishing year by 

the amount of the overage with a 

subsequent rulemaking. 

You may find additional background 

information on this action in the 

preamble to the proposed rule 

published on December 27, 2021 (86 FR 

73234). 

Comments and Response 

On December 27, 2021, NMFS 

published a proposed rule, a draft 

Environmental Assessment, and 

regulatory impact review for public 

comment (86 FR 73234). The comment 

period ended January 26, 2022. NMFS 

received no comments on the proposed 

rule. 

Changes From the Proposed Rule 

This final rule contains minor 

housekeeping corrections to the 

proposed rule. The regulation at 50 CFR 

665.211 implements annual catch limits 

for two fisheries, the MHI Deep 7 

bottomfish fishery and the MHI uku 

fishery, the latter of which is the subject 

of this final rule. Since the MHI uku 

proposed rule published, a MHI Deep 7 

final rule implementing ACLs and AMs 

for fishing years 2021–2024 became 

effective (February 22, 2022, 87 FR 

3045) and amended 50 CFR 665.211. 

This MHI uku final rule considers 

section 665.211 as amended by the MHI 

Deep 7 final rule and, therefore, differs 

slightly from what we presented in the 

MHI uku proposed rule. Specifically, 50 

CFR 665.211(a) as amended by this MHI 

uku final rule now reflects the Deep 7 

ACLs for fishing years 2021–22, 2022– 

23, and 2023–24. In addition, the Deep 

7 final rule added a new paragraph at 50 

CFR 665.211(f) and so this MHI uku 

final rule, instead of redesignating 

paragraph (e) as paragraph (f) and 

adding a new paragraph (e) as stated in 

the MHI uku proposed rule, 

redesignates paragraph (f) as paragraph 

(g) and adds a new paragraph (f). These 

housekeeping changes have no material 

effect on management of the uku 

bottomfish fishery. 

Classification 

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

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

FEP, other provisions of the MagnusonStevens Act, and other applicable law. 

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. 

NMFS received no comments regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

This final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 665 

Accountability measures, Annual 

catch limits, Bottomfish, Fisheries, 

Fishing, Hawaii, Pacific Islands. 

Dated: March 21, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

665 as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

■ 1. The authority citation for 50 CFR 

part 665 continues to read as follows: 


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17196 Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Rules and Regulations 

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

■ 2. In § 665.211 revise the section 

heading and paragraphs (a) and (b), 

redesignate paragraph (f) as paragraph 

(g), add a new paragraph (f), and 

republish newly redesignated paragraph 

(g) to read as follows: 

§ 665.211 Annual Catch Limits (ACL) and 

Annual Catch Targets (ACT). 

(a) In accordance with § 665.4, the 

ACLs and ACTs for MHI bottomfish 

fisheries for each fishing year are as 

follows: 

Fishery 2021–22 ACT 

(lb) 

2022–23 ACT 

(lb) 

2023–24 ACT 

(lb) 

Deep 7 bottomfish ....................................................................................................................... 492,000 492,000 492,000 

Fishery 2022 ACT 

(lb) 

2023 ACT 

(lb) 

2024 ACT 

(lb) 

2025 ACT 

(lb) 

Uku ................................................................................................................... 295,419 295,419 295,419 295,419 

Fishery 2022 ACT 

(lb) 

2023 ACT 

(lb) 

2024 ACT 

(lb) 

2025 ACT 

(lb) 

Uku ................................................................................................................... 291,010 291,010 291,010 291,010 

(b) When a bottomfish ACL or ACT is 

projected to be reached based on 

analyses of available information, the 

Regional Administrator shall publish a 

document to that effect in the Federal 

Register and shall use other means to 

notify permit holders. The document 

will include an advisement that the 

fishery will be closed beginning at a 

specified date, which is not earlier than 

seven days after the date of filing the 

closure notice for public inspection at 

the Office of the Federal Register, until 

the end of the fishing year in which the 

ACL or ACT is reached. 

* * * * * 

(f) If the average total landings of uku 

in the most recent three years exceed 

the specified ACL in a fishing year, the 

Regional Administrator will reduce the 

uku ACL and ACT for the subsequent 

year by the amount of the overage in a 

separate rulemaking. 

(g) Fishing for, and the resultant 

possession or sale of, any bottomfish 

MUS by vessels legally registered to 

Mau Zone, Ho’omalu Zone, or PRIA 

bottomfish fishing permits and 

conducted in compliance with all other 

laws and regulations, is exempted from 

this section. 

[FR Doc. 2022–06285 Filed 3–25–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 220216–0049; RTID 0648– 

XB790] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher/Processors Using Hook-andLine Gear in the Western Regulatory 

Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher/ 

processors using hook-and-line (HAL) 

gear in the Western Regulatory Area of 

the Gulf of Alaska (GOA). This action is 

necessary to prevent exceeding the A 

season allowance of the 2022 Pacific 

cod total allowable catch (TAC) 

apportioned to catcher/processors using 

HAL gear in the Western Regulatory 

Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), March 23, 2022, 

through 1200 hours, A.l.t., June 10, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7241. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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 allowance of the 2022 

Pacific cod TAC apportioned to catcher/ 

processors using HAL gear in the 

Western Regulatory Area of the GOA is 

732 metric tons (mt) as established by 

the final 2022 and 2023 harvest 

specifications for groundfish in the GOA 

(87 FR 11599, March 2, 2022). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the A season allowance 

of the 2022 Pacific cod TAC 

apportioned to catcher/processors using 

HAL gear in the Western Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 722 mt and is setting aside 

the remaining 10 mt as bycatch to 

support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher/processors using HAL gear in 

the Western Regulatory Area of the 

GOA. 

While this closure is effective the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 


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