[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12941-12943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04869]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB689]


Pacific Island Pelagic Fisheries; False Killer Whale Take 
Reduction Plan; Trigger for the Southern Exclusion Zone Closure Met in 
2021

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

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SUMMARY: In 2021, four observed mortalities or serious injuries (M&SI) 
of false killer whales occurred incidental to the Hawaii deep-set 
longline fishery within the U.S. Exclusive Economic Zone (EEZ) around 
Hawaii on January 18, 2021, March 26, 2021, April 17, 2021, and 
November 19, 2021. These M&SI met the established annual trigger of 
four observed M&SI for closing the Southern Exclusion Zone (SEZ) to 
deep-set longline fishing under the False Killer Whale Take Reduction 
Plan (Plan) regulations. In accordance with the Plan regulations a 
closure of the SEZ is required through the end of the fishing year. 
Because the injury determination for the fourth interaction meeting the 
trigger was not available until January 2022, the timeframe for closing 
the SEZ in 2021 had passed, and the SEZ was not closed. In accordance 
with the Plan regulations, the requirements for closure of the SEZ were 
met in 2021, therefore, if the trigger is met in 2022, the process for 
closure of the SEZ will follow the procedures described in the Plan 
regulations.

DATES: Comments on this notice must be received by April 7, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0027 by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2022-0027 in the search box. Click the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Michael D. Tosatto, Regional 
Administrator, NMFS Pacific Islands Region (PIR), attention Diana 
Kramer, Protected Resources, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 
96818.
    Instructions: NMFS may not consider comments sent by any other 
method, to any other address or individual, or

[[Page 12942]]

received after the end of the comment period. All comments received are 
a part of the public record and will generally be posted for public 
viewing on www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Diana Kramer, Protected Resources, 
NMFS Pacific Islands Regional Office, 808-725-5167, 
[email protected]; or Kristy Long, NMFS Office of Protected 
Resources, 301-427-8402, [email protected].

SUPPLEMENTARY INFORMATION: The Plan was implemented on December 31, 
2012, pursuant to section 118(f) of the Marine Mammal Protection Act 
(MMPA) to reduce the level of M&SI of the Hawaii pelagic and Hawaii 
insular stocks of false killer whales incidental to the Hawaii longline 
fisheries (77 FR 71260; November 29, 2012). The Plan, based on 
consensus recommendations from the False Killer Whale Take Reduction 
Team (Team), was implemented by regulation and created the SEZ, which 
would be closed to deep-set longline fishing if a certain number 
(trigger) of false killer whale M&SI are observed incidental to the 
deep-set fishery in the EEZ. As described in the Plan regulations (50 
CFR 229.37(d)(2)), the SEZ is bounded on the east at 154[deg] 30' W 
longitude, on the west at 165[deg] W longitude, on the north by the 
boundaries of the Main Hawaiian Islands Longline Fishing Prohibited 
Area and Papahanaumokuakea Marine National Monument, and on the south 
by the EEZ boundary (see Figure 1). An SEZ closure is triggered if, 
after expanding the number of observed M&SI, the Hawaii pelagic stock's 
potential biological removal (PBR) level has been exceeded. On December 
15, 2020, NMFS closed the SEZ after four observed false killer whale 
M&SI within the EEZ around Hawai`i incidental to the Hawaii deep-set 
longline fishery, following the trigger calculations as defined in the 
Plan (85 FR 81184; December 15, 2020).
[GRAPHIC] [TIFF OMITTED] TN08MR22.000

    In 2021, NMFS-certified fishery observers documented four false 
killer whale interactions during deep-set trips inside the U.S. EEZ 
around Hawaii on the following dates: January 18, 2021, March 26, 2021, 
April 17, 2021, and November 19, 2021. Three of these interactions 
resulted in serious injuries and one resulted in a mortality. These 
four M&SI met the trigger for closure of the SEZ in 2021. NMFS has 
determined that the SEZ trigger (i.e., four M&SI) has been met, and 
closing the SEZ to deep-set longline fishing is required until the end 
of the fishing year (December 31) as described in 50 CFR 229.37(e)(3). 
Under a plain reading of section 229.37(e)(3), NMFS applies the closure 
in the fishing year that the triggering M&SI occurs. Because the final 
injury determination for the fourth interaction meeting the trigger was 
not available until January 2022, the timeframe for closing the SEZ in 
2021 had passed, and the SEZ was not closed in 2021. Therefore, the 
requirements for an SEZ closure under 50 CFR 229.37(e)(3) were met in 
2021 and if the trigger is met in 2022, NMFS will follow the procedure 
for closing the SEZ until the reopening criteria are met as described 
in 50 CFR 229.37(e)(5).

Classification

    Prior notice and comment is unnecessary because the take reduction 
plan final rule (77 FR 71259, November

[[Page 12943]]

29, 2012) that implements the procedures for closing the SEZ (codified 
at 50 CFR 229.37(e)) has already been subject to an extensive public 
process, including the opportunity for prior notice and comment. All 
that remains is to notify the public that the trigger for closing the 
SEZ under Plan regulations at 50 CFR 229.37(e)(3) was met in 2021, and 
that NMFS will proceed with the closure procedure under 50 CFR 
229.37(e)(5) should the trigger be met in 2022.
    Authority: 16 U.S.C. 1361 et seq.

    Dated: March 2, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-04869 Filed 3-7-22; 8:45 am]
BILLING CODE 3510-22-P