[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Rules and Regulations]
[Pages 41625-41626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14954]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 220527-0125; RTID 0648-XC133]


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 specification.

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SUMMARY: NMFS is extending the effective date of a temporary 
specification that implements a short-notice decision 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 specification on purse 
seine observer coverage until December 31, 2022. NMFS is also revoking 
the temporary specification on transshipment observer coverage. 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 specification on purse seine observer coverage is 
in effect from July 13, 2022 until December 31, 2022. The temporary 
specification on transshipment observer coverage is revoked from July 
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 (50 
CFR 300.228). 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 the temporary 
specifications for purse seine observer coverage and transshipment 
observer coverage until June 10, 2022, and revoked the temporary 
specification on purse seine transshipment at sea (87 FR 21812; April 
13, 2022). Under the interim final rule at 86 FR 31178, temporary 
specifications can only remain in effect for less than one year. NMFS 
published a final rule on June 7, 2022, to make final this interim 
rule, effective on July 7, 2022 (87 FR 34580).
    In response to the ongoing COVID-19 pandemic, NMFS published 
another interim final rule to extend the time period that temporary 
specifications issued to implement short-notice WCPFC decisions related 
to the COVID-19 pandemic may remain in effect(87 FR 34584; June 7, 
2022). Such temporary specifications may be continued, as appropriate, 
until December 31, 2023. NMFS simultaneously extended the temporary 
specifications on purse seine observer coverage and at-sea 
transshipment observer coverage until July 15, 2022 (87 FR 34584; June 
7, 2022).
    Based on a recent WCPFC decision, NMFS is now extending the 
temporary specification on purse seine observer coverage until December 
31, 2022, and revoking the temporary specification on transshipment 
observer coverage.

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 December 31, 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 decided not 
to extend that decision past June 15, 2022.

Extension of Temporary Specification

    NMFS is using the framework as set forth at 50 CFR 300.228 to 
extend the effective date of the temporary specification implementing 
one of the three recent WCPFC intersessional decisions (WCPFC decision 
dated April 8, 2020), described above, that is in effect until December 
23, 2022. The regulations to implement short-notice WCPFC decisions at 
50 CFR 300.228 provide that short-notice decisions related to the 
COVID-19 pandemic may be continued, as appropriate, until December 31, 
2023.
    Accordingly, the requirements of the following regulations are 
waived. Such waiver shall remain in effect until December 31, 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

[[Page 41626]]

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.
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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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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 May 13, 2020, to waive the regulations on at-sea transshipment 
observer coverage at 50 CFR 300.215(d) and 50 CFR 300.216(b)(2).

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 the Commission decision. NMFS has responded to 
public comments received on the interim final rule to establish the 
framework and those Commission decisions in a separate final rule (87 
FR 34580; June 7, 2022). NMFS will be responding to any public comments 
received on the interim final rule to extend the time period to 
implement WCPFC decision related to the COVID-19 pandemic in a separate 
final rule (see 87 FR 34584; June 7, 2022).
    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: July 8, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-14954 Filed 7-12-22; 8:45 am]
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