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62494

Federal Register / Vol. 86, No. 215 / Wednesday, November 10, 2021 / Rules and Regulations
On-Going Issues Related to Gillnet Fishing and North Atlantic Right Whales The Atlantic Large Whale Take Reduction Team is considering broader impacts of gillnet fishing on North Atlantic right whales. These considerations may include area-based closures seasonal or year-round or other measures that may restrict gillnet fishing in the areas of the Nantucket Lightship and Groundfish Closure Areas in the future. Interested parties should continue to follow the Take Reduction Team process and provide comments, concerns, and suggestions as described.
More information is available on our website https www.fisheries.noaa.
gov/new-england-mid-atlantic/marinemammal-protection/atlantic-largewhale-take-reduction-plan.
Classification
khammond on DSKJM1Z7X2PROD with RULES

Pursuant to section 304a of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that the regulations as implemented in this final rule are necessary to discharge the Secretarys responsibilities under the Magnuson-Stevens Act and to comply with the Order issued from the First District Court on October 28, 2019.
This final rule has been determined to be not significant for purposes of Executive Order 12866.
The NMFS Assistant Administrator finds good cause that prior notice and an opportunity for public comment is unnecessary or contrary to public interest pursuant to 5 U.S.C. 553bB.
Notice and opportunity for public comment prior to reopening the Nantucket Lightship and Closed Area 1
Groundfish Closure Areas to gillnet fishing is contrary to public interest because the Omnibus Habitat Amendment and its suspended measures fully comply with the Endangered Species Act and Magnuson-

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Stevens Act, and the prohibitions against fishing with gillnets are no longer necessary to comply with the Courts order enjoining fishing with gillnets in the Nantucket Lightship and Closed Area I Groundfish Closure Areas.
Because the Amendment is now in full compliance with the Endangered Species Act and Magnuson-Stevens Act, the Secretary has no basis on which to keep the areas closed or modify the gillnet provisions that the Secretary approved in the Amendment. Further delaying reopening the areas for public comment would be inconsistent with the Secretarys responsibility to carry out fishery management amendments the Secretary has approved and are in full compliance with all applicable laws.
Additional opportunity for public comment on the open areas is unnecessary because notice and opportunity for comment on the Omnibus Habitat Amendment measures and its implementing regulations were provided already. The development of the Omnibus Habitat Amendment was a public process led by the New England Fishery Management Council, during which there were over 200 public meetings. The public had an opportunity to comment on the Amendments measures and regulations involved in this action when they were implemented through publication in the Federal Register of the proposed and final rules for the Omnibus Habitat Amendment. An additional opportunity for comments on the suspended measures would be unnecessarily duplicative. Therefore, it is unnecessary and contrary to the public interest to delay this action for prior notice and the opportunity for public comment.
For the same reasons as above and additional reasons stated below, pursuant to 5 U.S.C. 553d3, the NMFS Assistant Administrator finds good cause for these provisions to be
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effective immediately upon publication of this final rule. A delay in implementation is unnecessary because affected members of the public do not need time to prepare and the rule relieves a restriction implemented by the Court. The suspended measures were implemented on April 9, 2018.
From that day until December 17, 2019, approximately 11 gillnet vessels took 39
trips into these areas. These vessel owners and operators along with others are familiar with the suspended measures. Access to these areas once these measures are restored and the prohibitions removed in this action is expected to provide an economic benefit to gillnet vessels fishing in these areas.
Delaying the effective date for reopening these areas will unnecessarily delay and reduce this economic benefit to these vessels that could be gained during this fishing year.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: November 4, 2021.
Carrie Robinson, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons stated in the preamble, 50 CFR part 648 is amended as follows:
PART 648FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.
648.81

Amended
2. In 648.81, remove paragraph a6.

FR Doc. 202124510 Filed 11921; 8:45 am BILLING CODE 351022P

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