23148 Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Rules and Regulations 

Classification 

The Chief Counsel for Regulation of 

the Department of Commerce has 

certified to the Chief Counsel for 

Advocacy of the Small Business 

Administration (SBA) that this rule 

would not have a significant economic 

impact on a substantial number of small 

entities. No comments were received on 

that certification, and no new 

information has been discovered to 

change that conclusion. Accordingly, no 

regulatory flexibility analysis is 

required, and none has been prepared. 

This rule contains existing collectionof-information (COI) requirements 

subject to the Paperwork Reduction Act 

and would not impose additional or 

new COI requirements. The COI for the 

registration of individuals under the 

MMPA has been approved by the OMB 

under OMB Control Number 0648–0293 

(0.15 hours per report for new 

registrants). The requirement for 

reporting marine mammal mortalities or 

injuries has been approved by OMB 

under OMB Control Number 0648–0292 

(0.15 hours per report). These estimates 

include the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the COI. Send comments 

regarding these reporting burden 

estimates or any other aspect of the COI, 

including suggestions for reducing 

burden, to NMFS (see ADDRESSES). You 

may also submit comments on these or 

any other aspects of the collection of 

information at www.reginfo.gov/public/ 

do/PRAMain. 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor shall a person be subject to a 

penalty for failure to comply with a COI, 

subject to the requirements of the 

Paperwork Reduction Act, unless that 

COI displays a currently valid OMB 

control number. 

This rule has been determined to be 

not significant for the purposes of 

Executive Orders 12866 and 13563. 

In accordance with the Companion 

Manual for NOAA Administrative Order 

(NAO) 216–6A, NMFS determined that 

publishing this LOF qualifies to be 

categorically excluded from further 

NEPA review, consistent with categories 

of activities identified in Categorical 

Exclusion G7 (‘‘Preparation of policy 

directives, rules, regulations, and 

guidelines of an administrative, 

financial, legal, technical, or procedural 

nature, or for which the environmental 

effects are too broad, speculative or 

conjectural to lend themselves to 

meaningful analysis and will be subject 

later to the NEPA process, either 

collectively or on a case-by-case basis’’) 

of the Companion Manual and we have 

not identified any extraordinary 

circumstances listed in Chapter 4 of the 

Companion Manual for NAO 216–6A 

that would preclude application of this 

categorical exclusion. If NMFS takes a 

management action, for example, 

through the development of a TRP, 

NMFS would first prepare an 

Environmental Impact Statement or 

Environmental Assessment, as required 

under NEPA, specific to that action. 

This rule would not affect species 

listed as threatened or endangered 

under the ESA or their associated 

critical habitat. The impacts of 

numerous fisheries have been analyzed 

in various biological opinions, and this 

rule will not affect the conclusions of 

those opinions. The classification of 

fisheries on the LOF is not considered 

to be a management action that would 

adversely affect threatened or 

endangered species. If NMFS takes a 

management action, for example, 

through the development of a TRP, 

NMFS would consult under ESA section 

7 on that action. 

This rule would have no adverse 

impacts on marine mammals and may 

have a positive impact on marine 

mammals by improving knowledge of 

marine mammals and the fisheries 

interacting with marine mammals 

through information collected from 

observer programs, stranding and 

sighting data, or take reduction teams. 

This rule would not affect the land or 

water uses or natural resources of the 

coastal zone, as specified under section 

307 of the Coastal Zone Management 

Act. 

References 

Baird, R.W. 2016. The lives of Hawai‘i’s 

dolphins and whales: natural history and 

conservation. University of Hawai‘i 

Press, Honolulu. 

Baird, R.W., and D.L. Webster. 2020. Using 

dolphins to catch tuna: Assessment of 

associations between pantropical spotted 

dolphins and yellowfin tuna hook and 

line fisheries in Hawai‘i. Fisheries 

Research. 230. (2020):105652. 

Carretta, J.V., E. Oleson, K.A. Forney, J. 

Baker, J.E. Moore, D.W. Weller, A.R. 

Lang, M.M. Muto, B. Hanson, A.J. Orr, H. 

Huber, M.S. Lowry, J. Barlow, D. Lynch, 

L. Carswell, and R.L. Brownell Jr. 2021. 

U.S. Pacific Marine Mammal Stock 

Assessments: 2020. U.S. Department of 

Commerce, NOAA Technical 

Memorandum NMFS–SWFSC–646. 394 

p. 

Muto, M.M., V.T. Helker, B.J. Delean, N.C. 

Young, J.C. Freed R.P. Angliss, P.L. 

Boveng, J.M. Breiwick, B.M. Brost, M.F. 

Cameron, P.J. Clapham, J.L. Crance, S.P. 

Dahle, M.E. Dahlheim, B.S. Fadely, M.C. 

Ferguson, L.W. Fritz, K.T. Goetz, R.C. 

Hobbs, Y.V. Ivashchenko, A.S. Kennedy, 

J.M. London, S.A. Mizroch, R.R. Ream, 

E.L. Richmond, K.E.W. Shelden, K.L. 

Sweeney, R.G. Towell, P.R. Wade, J.M. 

Waite, and Alexandre N. Zerbini. 2021. 

Alaska Marine Mammal Stock 

Assessments 2020. U.S. Department of 

Commerce, NOAA Tech. Memo. NMFS– 

AFSC–421. 398 p. 

National Marine Fisheries Service (NMFS). 

2020. National Marine Fisheries Service 

Procedure 02–204–02: Criteria for 

Determining Negligible Impact under 

MMPA Section 101(a)(5)(E). 20 p. 

Available online: https://www.fisheries.

noaa.gov/national/laws-and-policies/ 

protected-resources-policy-directives. 

Dated: April 12, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2022–08210 Filed 4–18–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 220411–0092] 

RIN 0648–BL39 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 

Comprehensive Ecosystem-Based 

Amendment 2 for the South Atlantic 

Region; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: NMFS corrects the final rule 

that implemented management 

measures described in the 

Comprehensive Ecosystem-Based 

Amendment 2 (CE–BA 2) to multiple 

fishery management plans (FMPs) of the 

South Atlantic Region, which published 

in the Federal Register on December 30, 

2011. Among other measures, that final 

rule modified management in special 

management zones (SMZs) off South 

Carolina in the South Atlantic exclusive 

economic zone (EEZ). In that final rule, 

NMFS inadvertently applied 

recreational harvest and possession 

restrictions for certain species to the Ft. 

Pierce Offshore Reef SMZ, a pre-existing 

SMZ off the Florida east coast. The 

purpose of this correcting amendment is 

to fix that error. 

DATES: This correction is effective on 

April 19, 2022. 


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Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Rules and Regulations 23149 

FOR FURTHER INFORMATION CONTACT: 

Karla Gore, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

karla.gore@noaa.gov. 

SUPPLEMENTARY INFORMATION: On 

December 30, 2011, NMFS published a 

final rule in the Federal Register (76 FR 

82183) to implement management 

measures contained in CE–BA 2 that, 

among other actions, modified 

management in the SMZs in the EEZ off 

South Carolina. CE–BA 2 modified 

multiple FMPs and included 

Amendment 1 to the FMP for Pelagic 

Sargassum Habitat of the South Atlantic 

Region; Amendment 7 to the FMP for 

Coral, Coral Reefs, and Live and Hard 

Bottom Habitats of the South Atlantic 

Region; Amendment 25 to the FMP for 

the Snapper-Grouper Fishery of the 

South Atlantic Region; and Amendment 

21 to the FMP for Coastal Migratory 

Pelagic Resources in the Gulf of Mexico 

and Atlantic Region. The final rule 

implementing CE–BA 2 became 

effective on January 30, 2012. 

The final rule for CE–BA 2 modified 

management in the SMZs off South 

Carolina and limited the harvest and 

possession of snapper-grouper and 

coastal migratory pelagic (CMP) species 

using allowable fishing gear to the 

recreational bag and possession limits. 

None of the alternatives analyzed within 

CE–BA 2 included the Ft. Pierce 

Offshore Reef SMZ, which is located off 

the Florida east coast. 

In 2021, NMFS became aware of an 

error in the regulatory text 

implementing CE–BA 2 after a 

constituent sought clarification on 

whether recreational bag and possession 

limits apply to commercial fishermen 

who are fishing in the Ft. Pierce 

Offshore SMZ. This rule corrects that 

error. 

Correction 

In the proposed and final regulatory 

text for CE–BA 2 (76 FR 69230, 

November 8, 2011; 76 FR 82183, 

December 30, 2011), NMFS 

inadvertently included the Ft. Pierce 

Offshore Reef SMZ along with the SMZs 

off South Carolina for the restrictions on 

the recreational bag and possession 

limits. The geographic coordinates for 

the Ft. Pierce Offshore Reef SMZ are 

currently located at 50 CFR 

622.182(a)(1)(xx), and the recreational 

bag and possession limits are currently 

contained in 50 CFR 622.187 and 

622.382 for South Atlantic snappergrouper and CMP species, respectively. 

Therefore, fishermen issued a valid 

Federal commercial permit for snappergrouper or CMP species in the South 

Atlantic EEZ are incorrectly restricted 

within the Ft. Pierce Offshore Reef SMZ 

to the recreational bag limits identified 

in the table at 50 CFR 622.182(a)(2) and 

50 CFR 622.382(a)(1)(v). 

On April 17, 2013, NMFS 

implemented a final rule to reorganize 

the fishery regulations in part 622 (78 

FR 22950, April 17, 2013). That final 

rule moved harvest restrictions for CMP 

species in certain South Atlantic SMZs, 

including the Ft. Pierce Offshore Reef 

SMZ, to the current regulatory location 

at 50 CFR 622.382(a)(1)(v). The table at 

50 CFR 622.182(a)(2) continues to limit 

the harvest and possession of a South 

Atlantic snapper-grouper species within 

the Ft. Pierce Offshore Reef SMZ to the 

bag limits specified in 50 CFR 

622.187(b). 

The bag limit restriction remains in 

error for the harvest and possession of 

South Atlantic snapper-grouper and 

Atlantic CMP species in the Ft. Pierce 

Offshore Reef SMZ. 

CE–BA 2 did not discuss management 

measures for any SMZ other than those 

off South Carolina. Thus, through this 

correcting amendment, NMFS makes 

two regulatory corrections. NMFS 

corrects the table in paragraph 

622.182(a)(2) by removing reference to 

the Ft. Pierce Offshore Reef SMZ in 

paragraph 622.182(a)(1)(xx) for bag limit 

restrictions applicable to SMZs in the 

South Atlantic for snapper-grouper 

species. This final rule also removes 

reference to the Ft. Pierce Offshore Reef 

SMZ in paragraph 622.382(a)(1)(v) for 

CMP species. Upon implementation of 

this final rule, fishermen issued a valid 

Federal commercial permit for snappergrouper or CMP species may possess 

commercial quantities of such species 

harvested in or from the Ft. Pierce 

Offshore Reef SMZ as was intended by 

the South Atlantic Fishery Management 

Council (Council) through CE–BA 2. 

Classification 

Pursuant to section 305(d) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator (AA) has 

determined that this final rule is 

consistent with CE–BA 2, the applicable 

FMPs, other provisions of the 

Magnuson-Stevens Fisheries 

Conservation and Management Act, and 

other applicable law. 

This final rule has been determined to 

be not significant under Executive Order 

12866. 

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

finds good cause to waive prior notice 

and opportunity for additional public 

comment because it would be 

unnecessary and contrary to the public 

interest. This correcting amendment 

removes the incorrect application of the 

recreational bag and possession limits 

for South Atlantic snapper-grouper and 

CMP species in the Ft. Pierce Offshore 

Reef SMZ harvested by a person issued 

a valid Federal commercial permit for 

such species in the South Atlantic EEZ. 

Providing prior notice and opportunity 

for public comment is unnecessary and 

contrary to the public interest because 

the Council document for CE–BA 2 did 

not consider or analyze such a 

restriction for the Ft. Pierce Offshore 

Reef SMZ, and because the regulations 

implementing CE–BA 2 have already 

been subject to notice and public 

comment. Providing an additional 

opportunity for public comment would 

add unnecessary delay to the removal of 

the restrictions in the Ft. Pierce Offshore 

Reef SMZ, which remain in the 

regulations in error. Further, retaining 

the incorrect restriction will continue to 

cause confusion among the affected 

fishermen, law enforcement, and the 

public. 

For the same reasons, the AA also 

finds good cause, pursuant to 5 U.S.C. 

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

date of effectiveness for this correcting 

amendment. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or any other 

law, this rule is exempt from the 

procedures of the Regulatory Flexibility 

Act. Accordingly, no Regulatory 

Flexibility Act analysis is required and 

none has been prepared. 

This final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 622 

Commercial, Fisheries, Fishing, 

Recreational, South Atlantic. 

Dated: April 11, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

Accordingly, 50 CFR part 622 is 

corrected by making the following 

correcting amendment: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

§ 622.182 Gear-restricted areas. 

■ 2. In § 622.182, amend paragraph 

(a)(2) by: 

■ a. Designating the table as table 2 to 

paragraph (a)(2); and 

■ b. Revising newly designated table 2. 

The revision reads as follows: 


lotter on DSK11XQN23PROD with RULES1
23150 Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Rules and Regulations 

TABLE 2 TO PARAGRAPH (a)(2) 

In SMZs specified in the following paragraphs 

of this section These restrictions apply 

(a)(1)(i) through (x) and (a)(1)(xxii) through 

(xxxix).

Use of a powerhead to take South Atlantic snapper-grouper is prohibited. 

(a)(1)(i) through (x) and (a)(1)(xxii) through 

(xxxix).

Possession of a powerhead and a mutilated South Atlantic snapper-grouper in, or after having 

fished in, one of these SMZs constitutes prima facie evidence that such fish was taken with 

a powerhead in the SMZ. Harvest and possession of a South Atlantic snapper-grouper is 

limited to the bag limits specified in § 622.187(b). 

(a)(1)(i) through (xviii) and (a)(1)(xxii) through 

(li).

Fishing may only be conducted with handline, rod and reel, and spearfishing gear. 

(a)(1)(i) through (li) ............................................. Use of a sea bass pot or bottom longline is prohibited. 

(a)(1)(xii) through (xviii) and (a)(1)(xl) through 

(li).

Possession of South Atlantic snapper-grouper taken with a powerhead is limited to the bag 

limits specified in § 622.187(b). 

(a)(1)(xix) and (a)(1)(xx) ..................................... A hydraulic or electric reel that is permanently affixed to the vessel is prohibited when fishing 

for South Atlantic snapper-grouper. 

(a)(1)(xix) and (a)(1)(xxi) .................................... Use of spearfishing gear is prohibited. 

* * * * * 

■ 3. In § 622.382, revise paragraph 

(a)(1)(v) to read as follows: 

§ 622.382 Bag and possession limits. 

* * * * * 

(a) * * * 

(1) * * * 

(v) Coastal migratory pelagic fish 

within certain South Atlantic SMZs— 

§ 622.11(a) notwithstanding, all harvest 

and possession of coastal migratory 

pelagic fish within the South Atlantic 

SMZs specified in § 622.182(a)(1)(i) 

through (xi) and (a)(1)(xxii) through 

(xxxix) is limited to the bag limits 

specified in paragraphs (a)(1)(i) through 

(iv) of this section. 

* * * * * 

[FR Doc. 2022–08057 Filed 4–18–22; 8:45 am] 

BILLING CODE 3510–22–P 


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