[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Rules and Regulations]
[Pages 21812-21813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07815]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 210603-0121;RTID 0648-XB905]
International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Extension of Emergency Decisions of the
Western and Central Pacific Fisheries Commission
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary specifications.
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SUMMARY: NMFS is extending the effective date of temporary
specifications that implement two short-notice decisions of the
Commission on the Conservation and Management of Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean (Commission or WCPFC).
NMFS issued temporary specifications on June 11, 2021, to implement
short-notice WCPFC decisions regarding purse seine observer coverage,
purse seine transshipments at sea, and transshipment observer coverage.
NMFS is extending the effective date of the temporary specifications on
purse seine observer coverage and transshipment observer coverage until
June 10, 2022. NMFS is also revoking the temporary specification on
purse seine transshipment at sea. NMFS is undertaking this action under
the authority of the Western and Central Pacific Fisheries Convention
Implementation Act (WCPFC Implementation Act) to satisfy the
obligations of the United States as a Contracting Party to the
Convention on the Conservation and Management of Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean (Convention).
DATES: The temporary specifications on purse seine observer coverage
and transshipment observer coverage are in
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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
short-notice 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 short-notice 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
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\1\ A 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 NMFS-administered 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.
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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]
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