[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Rules and Regulations]
[Pages 49975-49976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16730]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 216 and 300

[Docket No. 200728-0201]
RIN 0648-BJ23


International Fisheries; Pacific Tuna Fisheries; Fishing 
Restrictions for Silky Shark, Fish Aggregating Devices, and Observer 
Safety in the Eastern Pacific Ocean

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

ACTION: Final rule; date of effectiveness for collection-of-information 
requirements.

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SUMMARY: NMFS announces approval by the Office of Management and Budget 
(OMB) of collection-of-information requirements contained in 
regulations published in a final rule on May 18, 2020. The final rule 
implements three resolutions adopted by the Members of the Inter-
American Tropical Tuna Commission (IATTC) in 2018 and 2019: Resolution 
C-19-01 (Amendment to Resolution C-18-05 on the Collection and Analyses 
of Data on Fish-Aggregating Devices); Resolution C-19-05 (Amendment to 
the Resolution C-16- 06 Conservation Measures for Shark Species, with 
Special Emphasis on the Silky Shark (Carcharhinus falciformis), for the 
Years 2020 and 2021); and Resolution C-18-07 (Resolution on Improving 
Observer Safety at Sea: Emergency Action Plan). The final rule also 
implements a resolution adopted by Parties to the Agreement on the 
International Dolphin Conservation Program (AIDCP): Resolution A-18-03 
(On Improving Observer Safety At Sea: Emergency Action Plan). The 
intent of this final rule is to inform the public of the effectiveness 
of the collection-of information requirements associated with silky 
shark reporting, fish aggregating device (FAD) reporting, and observer 
reporting included in the final rule.

DATES: This final rule is effective August 17, 2020. The amendments to 
Sec. Sec.  216.24, 300.22(a)(3)(i), 300.24(ff), (gg), (hh), 300.27(f), 
and 300.29 published at 85 FR 29666 (May 18, 2020) are effective on 
August 17, 2020.

ADDRESSES: Copies of supporting documents are available via the Federal 
eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2019-
0149, or contact Rachael Wadsworth, NMFS WCR SFD, 7600 Sand Point Way 
NE, Building 1, Seattle, WA 98115, or [email protected].

FOR FURTHER INFORMATION CONTACT: Rachael Wadsworth, NMFS at 562-980-
4036.

SUPPLEMENTARY INFORMATION: NMFS implemented decisions of the IATTC and 
AIDCP in the eastern Pacific Ocean under the authority of the Tuna 
Conventions Act (16 U.S.C. 951 et seq.) and the Marine Mammal 
Protection Act (16 U.S.C. 1361 et seq.).

Background

    NMFS issued a final rule to implement three IATTC Resolutions and 
one AIDCP Resolution on silky shark, data collection for FADs, and 
observer safety. The rule applies to U.S. commercial fishing vessels 
that fish for tuna or tuna-like species in the IATTC Convention Area. 
The IATTC Convention Area is defined as waters of the eastern Pacific 
Ocean within the area bounded by the west coast of the Americas and by 
50[deg] N latitude, 150[deg] W longitude, and 50[deg] S latitude.
    The final rule was published in the Federal Register on May 18, 
2020 (85 FR 29666), and associated regulations are found at 50 CFR 
parts 216 and 300. The requirements of that final rule related to the 
retention prohibition on silky shark caught on longline vessels became 
effective June 17, 2020, and the remaining amendments that included 
collection-of-information requirements were delayed. OMB approved the 
collection-of-information requirements for the remaining amendments 
contained in the final rule on June 12, 2020, under OMB Control Number 
0648-0214 and 0648-0148. Accordingly, this final rule announces the 
approval and effective date of those remaining amendments related to 
FAD, silky shark, and observer safety collection-of-information 
requirements found in Subpart C of 50 CFR parts 216 and 300.

Classification

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and opportunity for public comment for this action because 
notice and comment would be unnecessary and contrary to the public 
interest. This action simply provides notice of OMB's approval of the 
reporting requirements at issue, which has already occurred, and 
renders those requirements effective. Thus, this action does not 
involve any further exercise of agency discretion by NMFS or OMB. 
Moreover, the public has had prior notice and the opportunity to 
comment on the collection-of-information requirements. NMFS published 
the proposed rule in the Federal Register (85 FR 4250; January 24, 
2020), with comments accepted until February 24, 2020. NMFS received 
one comment during the comment period. This comment was outside the 
scope of the action and is not relevant to this rule. The final rule 
was published on May 18, 2020 (85 FR 29666), and indicated that this 
final rule would be published announcing the effective date for the 
revised reporting requirements upon OMB approval.
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effective date for the collection-of information requirements. 
This final rule relieves some of the reporting requirements for 
captains of purse seine vessels, allows NMFS to collect data related to 
silky shark regulations, and implements reporting requirements intended 
to improve observer safety at sea. In addition, the final rule is 
necessary for the United States to satisfy its obligations as a member 
of the IATTC and Party to the AIDCP. Accordingly, waiver of the 30-day 
delay in effective date is necessary to improve compliance with the 
requirements of the IATTC and AIDCP, the failure of which would be 
contrary to the public interest.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Paperwork Reduction Act

    This final rule contains collection of-information requirements 
subject to the Paperwork Reduction Act (PRA) and which OMB approved 
under OMB Control Number 0648-0214 and 0648-0148 on June 12, 2020.
    Specifically, captains of U.S. purse seine vessels are only 
required to collect FAD data (OMB Control No. 0648-0148) when an 
observer is not onboard, and captains are still required to provide the 
observer with the FAD identification number. The public reporting 
burden for these requirements is estimated to average 1 minute per 
form. The requirement to report silky shark surrendered or donated is 
also estimated to average 1 minute per form, and the reporting related 
to observer safety on purses seine vessels is estimated to average 5 
minutes per reporting incident. Public reporting burden for amendments 
to the supporting

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statement for the Pacific Islands Region Logbook Family of Forms (OMB 
Control No. 0648-0214) for reporting related to observer safety on 
longline vessels is estimated to average 5 minutes per reporting 
incident. These estimates include time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection-of-information subject to the 
requirements of the PRA, unless that collection-of-information displays 
a currently valid OMB control number.

    Authority: 16 U.S.C. 1361 et seq. and 16 U.S.C. 951 et seq.

    Dated: July 28, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-16730 Filed 8-14-20; 8:45 am]
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