[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Rules and Regulations]
[Pages 34584-34586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12115]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 220527-0125]
RIN 0648-BL24


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Extension of Period To Implement 
Decisions of the Western and Central Pacific Fisheries Commission 
Related to the COVID-19 Pandemic

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

ACTION: Interim final rule; temporary specifications; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: In response to the ongoing COVID-19 pandemic, this interim 
final rule extends the time period that temporary specifications issued 
to implement certain 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) may remain in 
effect. This action also extends temporary specifications to implement 
two short-notice WCPFC decisions. 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). NMFS 
seeks comments on this interim final rule and will respond to those 
comments in a subsequent final rule.

DATES: This interim final rule is effective on June 7, 2022. Temporary 
specifications are effective on June 7, 2022 until July 15, 2022. 
Comments on the interim final rule must be submitted in writing by July 
7, 2022.

ADDRESSES: You may submit comments on the interim final rule, 
identified by NOAA-NMFS-2022-0052, and the regulatory impact review 
(RIR) prepared for the interim final rule, 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-2022-0052 in the Search box. 
Click on 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 Regional Office (PIRO), 
1845 Wasp Blvd., Building 176, Honolulu, HI 96818.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
might not be considered by NMFS. 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 and address), 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).
    Copies of the RIR are available at www.regulations.gov or may be 
obtained from Michael D. Tosatto, Regional Administrator, NMFS PIRO 
(see address above).

FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS PIRO, 808-725-5033.

SUPPLEMENTARY INFORMATION: 

Background on the Convention

    The Convention is concerned with the conservation and management of 
highly migratory fish stocks (HMS) and the management of fisheries for 
HMS. The objective of the Convention is to ensure, through effective 
management, the long-term conservation and sustainable use of HMS in 
the western and central Pacific Ocean (WCPO). To accomplish this 
objective, the Convention established the Commission, which includes 
Members, Cooperating Non-members, and Participating Territories 
(collectively referred to here as ``members''). The United States of 
America is a Member. American Samoa, Guam, and the Commonwealth of the 
Northern Mariana Islands are Participating Territories.
    As a Contracting Party to the Convention and a Member of the 
Commission, the United States implements, as appropriate, conservation 
and management measures adopted by the Commission and other decisions 
of the Commission. The WCPFC Implementation Act (16 U.S.C. 6901 et 
seq.), authorizes the Secretary of Commerce, in consultation with the 
Secretary of State and the Secretary of the Department in which the 
United States Coast Guard is operating (the Department of Homeland 
Security), to promulgate such regulations as may be necessary to carry 
out the obligations of the United States under the Convention, 
including the decisions of the Commission. The WCPFC Implementation Act 
further provides that the Secretary of Commerce shall ensure 
consistency, to the extent practicable, of fishery management programs 
administered under the WCPFC Implementation Act and the Magnuson-
Stevens Fishery Conservation and Management Act (MSA; 16 U.S.C. 1801 et 
seq.), as well as other specific laws (see 16 U.S.C. 6905(b)). The 
Secretary of Commerce has delegated the authority to promulgate 
regulations under the WCPFC Implementation Act to NMFS. A map showing 
the boundaries of the area of application of the Convention (Convention 
Area), which comprises the majority of the WCPO, can be found on the 
WCPFC website at: www.wcpfc.int/doc/convention-area-map.

Background on WCPFC Decisions in Response to the COVID-19 Pandemic

    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 at-sea 
transshipment prohibition 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 subsequently extended that decision

[[Page 34585]]

several times but 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.

Background on NMFS's Regulations

    NMFS regulations at 50 CFR 300.223(e) implement a WCPFC requirement 
for 100 percent WCPFC observer \1\ coverage on purse seine vessels 
(with limited exceptions).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    NMFS regulations at 50 CFR 300.216(b)(1) implement the WCPFC 
prohibition on at-sea transshipments for purse seine vessels.
    NMFS regulations at 50 CFR 300.215(d) and 50 CFR 300.216(b)(2) 
implement WCPFC provisions regarding observer coverage for at-sea 
transshipments.
    NMFS published an interim final rule on June 11, 2021, to establish 
a framework to implement short-notice decisions of the Commission (86 
FR 31178; June 11, 2021) through temporary specifications. Under the 
framework, any temporary specification, including all extensions, may 
remain in effect for less than one year. Simultaneously, NMFS published 
temporary specifications to waive the regulations for WCPFC purse seine 
observer coverage, prohibitions on at-sea transshipment for purse seine 
vessels, and at-sea transshipment observer coverage. NMFS extended the 
duration of the temporary specifications and, based on the most recent 
WCPFC decision, the two temporary specifications on purse seine 
observer coverage and at-sea transshipment observers are currently in 
effect until June 10, 2022 (87 FR 21812; April 13, 2022). As described 
above, under the existing regulations at 50 CFR 300.228, the temporary 
specifications can only remain in effect for less than one year (i.e., 
until June 10, 2022).
    Based on the recent WCPFC intersessional decision and ongoing 
COVID-19 conditions worldwide, the temporary specifications to waive 
the regulations for WCPFC observer coverage and at-sea transshipment 
observer coverage must remain in effect after June 10, 2022. Thus, in 
this interim final rule, NMFS is extending the time period in which 
COVID-19 related temporary specifications may be effective from less 
than one year to no later than December 31, 2023, after which date the 
effective period will revert back to less than one year.

The Actions

Interim Final Rule: Extension of Time Period To Implement Decisions of 
the Western and Central Pacific Fisheries Commission Related to the 
COVID-19 Pandemic

    This interim final rule extends the time period in which COVID-19 
related temporary specifications may be effective from less than one 
year to no later than December 31, 2023, after which date the effective 
period will revert back to less than one year. Other temporary 
specifications issued under the framework will continue to be limited 
to less than one year in duration, and all temporary specifications 
issued under the framework will be limited to less than one year in 
duration after December 31, 2023.

Temporary Specifications: Implementation of Recent WCPFC Decisions That 
Need Immediate Implementation

    NMFS is using the framework as set forth at 50 CFR 300.228 and as 
modified in this interim final rule, to extend the effective date of 
the temporary specifications implementing the two WCPFC intersessional 
decisions (WCPFC decision dated April 8, 2020, on purse seine observer 
coverage; WCPFC decision dated May 13, 2020, on at-sea transshipment 
observers), 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 no longer than 30 days after the 
expiration of the underlying Commission decision.
    Accordingly, the requirements of the following regulations are 
waived. Such waiver shall remain in effect until July 15, 2022, unless 
NMFS earlier rescinds or extends this waiver by publication in the 
Federal Register under the procedures set forth at 50 CFR 300.228(b) 
and (c):
     50 CFR 300.223(e)(1). During the term of this waiver, U.S. 
purse seine vessels are not required to carry WCPFC observers 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;
     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.

Classification

    The Administrator, Pacific Islands Region, NMFS, has determined 
that this interim final rule is consistent with the WCPFC 
Implementation Act and other applicable laws.

Administrative Procedure Act

    There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice 
and the opportunity for public comment on the interim final rule and 
temporary measures included in this action, because prior notice and 
the opportunity for public comment would be contrary to the public 
interest. As stated above, two short-notice WCPFC decisions needing 
immediate extension have already gone into effect and NMFS is extending 
those two decisions through the framework process established at 50 CFR 
300.228 as modified under this interim final rule. The most recent 
WCPFC decision extends the short-notice decisions until June 15, 2022, 
but NMFS has only been able to implement them via temporary 
specification until June 10, 2022, due to the less than one year 
duration of temporary specifications issued under the current 
provisions of 50 CFR 300.228. The extension established under this 
interim final rule would provide NMFS with the ability to carry out the 
obligations of the United States under the Convention, including 
promptly extending the short-notice WCPFC decisions that address the 
COVID-19 pandemic. This interim final rule must enter into effect prior 
to June 10, 2022, in order for the United States to implement the 
current WCPFC decision, and thus prior notice and opportunity for 
public comment is not feasible given the short time frame available for 
the United States to implement the current WCPFC decision. NMFS will, 
however, consider and respond to public comments received on the 
interim final rule and will

[[Page 34586]]

accordingly make any revisions should NMFS find that any are prudent or 
necessary.
    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 
interim final rule and the temporary measures.

Executive Order 12866

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

Regulatory Flexibility Act

    Because prior notice and opportunity for public comment are not 
required for the interim final rule by 5 U.S.C. 553, or any other law, 
the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 
601 et seq., are inapplicable. Therefore, no regulatory flexibility 
analysis was required and none has been prepared.

Paperwork Reduction Act

    This interim final rule contains no information collection 
requirements under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Fish, Fisheries, Fishing, 
Marine resources, Reporting and recordkeeping requirements, Treaties.

    Dated: May 31, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 300 is amended 
as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart O--Western and Central Pacific Fisheries for Highly 
Migratory Species

0
1. The authority citation for 50 CFR part 300, subpart O, continues to 
read as follows:

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


0
2. In Sec.  300.228, add paragraph (e) to read as follows:


Sec.  300.228   Framework to implement emergency decisions.

* * * * *
    (e) Covid-19-related actions. Notwithstanding paragraph (a) of this 
section, a temporary specification to modify or suspend regulations 
related to the COVID-19 pandemic may be continued, as appropriate, 
until December 31, 2023, after which time such temporary specifications 
shall be effective for a period of less than one year.

[FR Doc. 2022-12115 Filed 6-6-22; 8:45 am]
BILLING CODE 3510-22-P