Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 21813 

1A WCPFC Observer means a person authorized 

by the Commission in accordance with any 

procedures established by the Commission to 

undertake vessel observer duties as part of the 

Commission’s Regional Observer Programme, 

including an observer deployed as part of a NMFSadministered observer program or as part of another 

national or sub-regional observer program, provided 

that such program is authorized by the Commission 

to be part of the Commission’s Regional Observer 

Programme. See 50 CFR 300.211. 

effect from April 13, 2022, until June 10, 

2022. The temporary specification on 

purse seine transshipments at sea is 

revoked from April 13, 2022. 

FOR FURTHER INFORMATION CONTACT: Rini 

Ghosh, NMFS Pacific Islands Regional 

Office, 808–725–5033. 

SUPPLEMENTARY INFORMATION: Under 

authority of the WCPFC Implementation 

Act (16 U.S.C. 6901 et seq.), NMFS 

published an interim final rule that 

established a framework to implement 

short-notice WCPFC decisions. NMFS 

simultaneously issued temporary 

specifications to implement three shortnotice WCPFC decisions until 

September 14, 2021. Additional 

background information on the 

Commission, the Convention, the 

interim final rule, and temporary 

specifications, is available in the 

Federal Register document that 

includes the interim final rule and 

temporary specifications (86 FR 31178; 

June 11, 2021). Pursuant to a WCPFC 

decision, NMFS extended the effective 

date of those three temporary 

specifications until April 14, 2022 (87 

FR 885; January 7, 2022). 

WCPFC Emergency Decisions 

On April 8, 2020, in response to the 

international concerns over the health of 

observers and vessel crews due to 

COVID–19, the Commission made an 

intersessional decision to suspend the 

requirements for observer coverage on 

purse seine vessels on fishing trips in 

the Convention Area through May 31, 

2020. The Commission subsequently 

extended that decision several times, 

and the current extension is effective 

until June 15, 2022. 

On April 20, 2020, in response to the 

international concerns over the health of 

vessel crews and port officials due to 

COVID–19, the Commission made an 

intersessional decision to modify the 

prohibition on at-sea transshipment for 

purse seine vessels as follows—purse 

seine vessels can conduct at-sea 

transshipment in an area under the 

jurisdiction of a port State, if 

transshipment in port cannot be 

conducted, in accordance with the 

domestic laws and regulations of the 

port State. The Commission decided not 

to extend that decision past March 15, 

2022. 

On May 13, 2020, in response to the 

international concerns over the health of 

observers and vessel crews due to 

COVID–19, the Commission made an 

intersessional decision to suspend the 

requirements for observer coverage for 

at-sea transshipments. The Commission 

subsequently extended that decision 

and the current extension is effective 

until June 15, 2022. 

Extension of Temporary Specifications 

NMFS is using the framework as set 

forth at 50 CFR 300.228 to extend the 

effective date of the temporary 

specifications implementing two of the 

three recent WCPFC intersessional 

decisions (WCPFC decisions dated April 

8, 2020 and May 13, 2020), described 

above, that are in effect until June 15, 

2022. The regulations to implement 

short-notice WCPFC decisions at 50 CFR 

300.228 provide that temporary 

specifications to implement such shortnotice decisions will remain in effect for 

less than one year. Because NMFS 

implemented the temporary 

specifications on purse seine and at-sea 

transshipment observer coverage on 

June 11, 2021, these temporary 

specifications cannot be extended past 

June 10, 2022 under the current 

framework at 50 CFR 300.228. 

Accordingly, the requirements of the 

following regulations are waived. Such 

waiver shall remain in effect until June 

10, 2022, unless NMFS earlier rescinds 

this waiver by publication in the 

Federal Register: 

• 50 CFR 300.223(e)(1). During the 

term of this waiver, U.S. purse seine 

vessels are not required to carry WCPFC 

observers 1 on all fishing trips in the 

Convention Area. However, the 

regulations at 50 CFR 300.215(c)(1) that 

require all vessels with WCPFC Area 

Endorsements or for which WCPFC 

Area Endorsements are required to carry 

WCPFC observers when directed by 

NMFS remain in effect; and 

• 50 CFR 300.216(b)(2) and 50 CFR 

300.215(d). During the term of this 

waiver, owners and operators of U.S. 

commercial fishing vessels fishing for 

highly migratory species in the 

Convention Area are not prohibited 

from at-sea transshipment without a 

WCPFC observer on board the 

offloading or receiving vessel. 

Revocation of Temporary Specification 

NMFS is using the framework as set 

forth at 50 CFR 300.228 to revoke the 

temporary specification that 

implemented the WCPFC decision dated 

April 20, 2020, to waive the prohibition 

on purse seine at-sea transshipments set 

forth at 50 CFR 300.216(b)(1). 

Classification 

NMFS issues this action pursuant to 

the WCPFC Implementation Act and the 

regulations at 50 CFR 300.228. This 

action is exempt from review under 

Executive Order 12866. 

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

553(b)(B) to waive prior notice and the 

opportunity for public comment on the 

temporary measures included in this 

action, because prior notice and the 

opportunity for public comment is 

unnecessary and would be contrary to 

the public interest. Opportunity for 

public comment is unnecessary because 

the regulations establishing the 

framework and providing notice of the 

Commission’s decisions described 

above have already been subject to 

notice and public comment, and all that 

remains is to notify the public of the 

extension of those Commission 

decisions. NMFS will be responding to 

public comments received on the 

framework and those Commission 

decisions in a separate rule. In addition, 

the opportunity for public comment is 

unnecessary because the extensions of 

effective date of two short-notice 

WCPFC decisions have already gone 

into effect and as a contracting party to 

the Convention, NMFS is obligated to 

carry out those extensions. 

For the reasons articulated above, 

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

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

effective dates for the temporary 

measures. 

Authority: 16 U.S.C. 6901 et seq. 

Dated: April 7, 2022. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–07815 Filed 4–12–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120404257–3325–02; RTID 

0648–XB956] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; ReOpening of Commercial Longline 

Fishery for South Atlantic Golden 

Tilefish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


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21814 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 

ACTION: Temporary rule; re-opening. 

SUMMARY: NMFS announces the reopening of the commercial longline 

component for golden tilefish in the 

exclusive economic zone (EEZ) of the 

South Atlantic through this temporary 

rule. The most recent commercial 

longline landings data for golden tilefish 

indicate the commercial longline annual 

catch limit (ACL) for the 2022 fishing 

year has not yet been reached. 

Therefore, NMFS re-opens the 

commercial longline component for 

golden tilefish in the South Atlantic 

EEZ for 6 days to allow the commercial 

longline ACL to be caught while 

minimizing the risk of the commercial 

ACL being exceeded. 

DATES: This temporary rule is effective 

from 12:01 a.m. eastern time on April 

11, 2022, until 12:01 a.m. eastern time 

on April 17, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

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

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes golden tilefish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council (Council) and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

The commercial sector for golden 

tilefish comprises the longline and 

hook-and-line components. The 

commercial golden tilefish ACL is 

allocated 75 percent to the longline 

component and 25 percent to the hookand-line component. The commercial 

ACL (equivalent to the commercial 

quota) is 331,740 lb (150,475 kg) gutted 

weight, and the longline component 

quota is 248,805 lb (112,856 kg) gutted 

weight (50 CFR 622.190(a)(2)(iii). 

Under 50 CFR 622.193(a)(1)(ii), NMFS 

is required to close the commercial 

longline component for golden tilefish 

when the longline component’s 

commercial quota specified under 50 

CFR 622.190(a)(2)(iii) is reached or is 

projected to be reached by filing a 

notification to that effect with the Office 

of the Federal Register. After the 

longline component quota is reached or 

is projected to be reached, golden 

tilefish may not be commercially fished 

or possessed by a vessel with a golden 

tilefish longline endorsement. NMFS 

previously determined that the 

commercial quota for the golden tilefish 

longline component in the South 

Atlantic would be reached by March 16, 

2022. Therefore, NMFS published a 

temporary rule to close the commercial 

longline component for South Atlantic 

golden tilefish from March 16, 2022, 

through the end of the 2022 fishing year 

(87 FR 14419; March 15, 2022). 

However, a recent landings estimation 

indicates that the commercial longline 

ACL for golden tilefish has not been 

met. 

In accordance with 50 CFR 622.8(c), 

NMFS temporarily re-opens the 

commercial longline component for 

golden tilefish for 6 days to allow for the 

commercial longline ACL to be reached. 

The commercial longline component 

will reopen at 12:01 a.m. eastern time 

on April 11, 2022, and will close at 

12:01 a.m. eastern time on April 17, 

2022. NMFS has determined that this reopening will allow for an additional 

opportunity to commercially harvest the 

golden tilefish longline component 

quota while minimizing the risk of 

exceeding the commercial ACL. 

Following the 6 day reopening, harvest 

for golden tilefish by the commercial 

longline component will be closed for 

the remainder of 2022 and will open on 

January 1, 2023, the start of the next 

fishing year. 

The operator of a vessel with a valid 

Federal commercial vessel permit for 

South Atlantic snapper-grouper and a 

valid commercial longline endorsement 

for golden tilefish having golden tilefish 

on board must have landed and 

bartered, traded, or sold such golden 

tilefish prior to 12:01 a.m. eastern time 

on April 17, 2022. During the 

subsequent commercial longline 

closure, golden tilefish may still be 

commercially harvested using hookand-line gear on a vessel with a 

commercial South Atlantic Unlimited 

Snapper-Grouper permit without a 

longline endorsement until the hookand-line quota specified in 50 CFR 

622.190(a)(2)(ii) is reached. 

However, a vessel with a golden 

tilefish longline endorsement is not 

eligible to fish for or possess golden 

tilefish using hook-and-line gear under 

the hook-and-line commercial trip limit, 

as specified in 50 CFR 622.191(a)(2)(ii). 

During the commercial longline closure, 

the recreational bag limit and 

possession limits specified in 50 CFR 

622.187(b)(2)(iii) and (c)(1), 

respectively, apply to all harvest or 

possession of golden tilefish in or from 

the South Atlantic EEZ by a vessel with 

a golden tilefish longline endorsement. 

The sale or purchase of longlinecaught golden tilefish taken from the 

South Atlantic EEZ is prohibited during 

the commercial longline closure. The 

prohibition on sale or purchase does not 

apply to the sale or purchase of 

longline-caught golden tilefish that were 

harvested, landed ashore, and sold prior 

to 12:01 a.m. eastern time on April 17, 

2022, and were held in cold storage by 

a dealer or processor. Additionally, the 

recreational bag and possession limits 

and the sale and purchase provisions of 

the commercial closure apply to a 

person on board a vessel with a golden 

tilefish longline endorsement, regardless 

of whether the golden tilefish are 

harvested in state or Federal waters, as 

specified in 50 CFR 622.190(c)(1). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.8(c) and 622.190(a)(2)(iii), issued 

pursuant to section 304(b), 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 procedures are 

unnecessary and contrary to public 

interest because the regulations 

associated with the commercial golden 

tilefish longline component ACL and a 

reopening of harvest have already been 

subject to notice and public comment, 

and all that remains is to notify the 

public of the commercial longline 

component reopening. 

For the aforementioned reasons, the 

Assistant Administrator for Fisheries 

also finds good cause to waive the 30- 

day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: April 8, 2022. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–07908 Filed 4–8–22; 4:15 pm] 

BILLING CODE 3510–22–P 


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