Rule2021-12258
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Implementation of Emergency Decisions of the Western and Central Pacific Fisheries Commission
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 11, 2021
Effective
June 11, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This interim final rule establishes a framework to implement 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). Using the framework established through this interim final rule, this action also includes temporary specifications to implement three 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.
Full Text
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<title>Federal Register, Volume 86 Issue 111 (Friday, June 11, 2021)</title>
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[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Rules and Regulations]
[Pages 31178-31181]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12258]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 210603-0121]
RIN 0648-BJ86
International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Implementation 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: Interim final rule; temporary specifications; request for
comments.
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SUMMARY: This interim final rule establishes a framework to implement
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). Using the framework established
through this interim final rule, this action also includes temporary
specifications to implement three 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:
Effective date: This interim final rule is effective on June 11,
2021.
Temporary specifications: The temporary specifications set out in
the preamble are in effect from June 11, 2021 until September 14, 2021.
Comment due date: Comments on the interim final rule must be
submitted in writing by July 12, 2021.
ADDRESSES: You may submit comments on the interim final rule,
identified by NOAA-NMFS-2020-0150, and the regulatory impact review
(RIR) prepared for the interim final rule, by either of the following
methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2020-0150 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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, the programmatic environmental assessment (PEA),
2019 supplemental environmental assessment (SEA), and 2021 SEA prepared
for National Environmental Policy Act (NEPA) purposes are available at
<a href="http://www.regulations.gov">www.regulations.gov</a> 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: <a href="http://www.wcpfc.int/doc/convention-area-map">www.wcpfc.int/doc/convention-area-map</a>.
Background on WCPFC Emergency Decisions
On March 27, 2020, in response to public health concerns related to
the COVID-19 pandemic, NMFS published an emergency rule providing
authority to waive certain observer requirements (85 FR 17285). This
rule was
[[Page 31179]]
subsequently extended through March 26, 2022 (86 FR 16307; March 29,
2021). 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 August 15, 2021.
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). Accordingly, in order to carry out the
Commission's intersessional decision, NMFS has waived the requirement
under 50 CFR 300.223(e) until August 15, 2021.
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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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NMFS regulations at 50 CFR 300.216(b)(1) implement the WCPFC
prohibition on at-sea transshipments for purse seine vessels. 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 this prohibition 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 and the
current extension is effective until August 15, 2021.
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. 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 August 15, 2021.
NMFS anticipates that the Commission may make additional short-
notice decisions in the near future that require immediate
implementation and are temporary in nature. NMFS regulations at 50 CFR
part 300, subpart O, implement multiple WCPFC decisions that are
currently in force. The WCPFC Implementation Act authorizes NMFS to
promulgate such regulations as may be necessary to carry out the United
States' international obligations as a member of the Commission,
including recommendations and decisions adopted by the Commission.
However, NMFS does not currently have a process to quickly implement
short-notice WCPFC decisions requiring immediate action that address
relevant global or regional health, safety, and security concerns, as
well as other international emergencies and crises.
The Actions
Interim Final Rule: Establishment of Framework To Implement Certain
Decisions of the Commission
This interim final rule establishes a framework through which NMFS
may issue temporary specifications, each for a period less than one
year in total, inclusive of all extensions, that promptly suspend or
modify existing regulations in 50 CFR part 300, subpart O, which
implement the United States' obligations under the Convention and WCPFC
decisions. This framework allows NMFS to modify or suspend existing
NMFS regulations in response to short-notice WCPFC decisions, including
intersessional decisions that address relevant global or regional
health, safety, and security concerns, as well as other international
emergencies and crises. This framework helps ensure that NMFS
regulations remain consistent with international obligations that may
unexpectedly and quickly change in response to global events. NMFS does
not intend to use this framework to implement WCPFC decisions that are
routine and enter into effect at least 60 days after the decision is
made, as specified in Article 20(5) of the Convention.
The process enables NMFS to implement short-notice WCPFC decisions
through the issuance of temporary specifications that modify or suspend
specific existing regulations at 50 CFR part 300, subpart O. As
appropriate, temporary specifications may remain in effect up to 30
days after the expiration of the underlying WCPFC decision to allow
NMFS adequate time to issue extensions or changes to the temporary
specification, if needed, without unnecessarily exceeding the timeframe
of the underlying WCPFC decision.
Any temporary specification issued pursuant to this framework will
be published in the Federal Register and will include information
regarding the basis for the modification or suspension (i.e., a
description of the WCPFC decision), the temporary modifications or
suspension to the regulations, and the duration of the changes. Under
the framework, NMFS may change (including extend, so long as the
duration of the original temporary specification in addition to any
extension is less than one year) any temporary specification by
publishing a new temporary specification in the Federal Register. NMFS
may revoke any temporary specification by publishing a notification in
the Federal Register.
NMFS reviewed the regulations at 50 CFR part 300, subpart O,
implementing the Convention and WCPFC conservation and management
measures, to identify reasonably foreseeable temporary specifications
to the regulations in response to short-notice WCPFC decisions,
including intersessional decisions, that address relevant global or
regional health, safety, and security concerns, as well as other
international emergencies and crises.
Temporary specifications issued under the framework in this interim
final rule shall be limited to the following:
(1) Modifications or suspensions of the purse seine observer
coverage requirements at 50 CFR 300.223(e), including suspensions of
some or all of the requirements on a fleet-wide or individual vessel
basis, requiring the carrying of observers other than WCPFC observers,
requirements to carry electronic monitoring devices in lieu of
observers, and requirements to collect and submit photographic or
written information;
(2) Modifications or suspensions of the regulations at 50 CFR
300.216(b)(1) prohibiting at-sea transshipment for purse seine vessels,
including suspensions of some or all of the prohibitions, prior
notification for an at-sea transshipment, and suspension of the
prohibitions for particular transshipments; and
(3) Modifications or suspensions of the regulations at 50 CFR
300.215(d) and 50 CFR 300.216(b)(2) regarding at-sea transshipment
observer requirements, including suspensions of some or all of the
requirements, suspension of some or all of the requirements for
particular transshipments, requiring the carrying of observers other
than WCPFC observers, requirements to carry
[[Page 31180]]
electronic monitoring devices in lieu of observers, and requirements to
collect and submit photographic or written information.
Temporary Specifications: Implementation of Recent WCPFC Decisions That
Need Immediate Implementation
NMFS is using the framework established under the interim final
rule to implement by temporary specification the three recent WCPFC
intersessional decisions (WCPFC decisions dated April 8, 2020, April
20, 2020, and May 13, 2020), described above, that are in effect until
August 15, 2021. Accordingly, the requirements of the following
regulations are waived. Such waiver shall remain in effect until
September 14, 2021, unless NMFS earlier rescinds or extends this waiver
by publication in the Federal Register:
<bullet> 50 CFR 300.223(e)(1). During the term of this waiver, U.S.
purse seine vessels are not required to carry 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 observers when
directed by NMFS to do so remain in effect;
<bullet> 50 CFR 300.216(b)(1). During the term of this waiver, U.S.
purse seine fishing vessels are not prohibited from at-sea
transshipment conducted within the national waters of the coastal
state, in accordance with applicable national laws. Transshipment on
the high seas remains prohibited; and
<bullet> 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 an 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, three short-notice WCPFC decisions needing
immediate implementation have already gone into effect and NMFS is
implementing those three decisions through the framework process
established under this interim final rule. In addition, it is likely
that the WCPFC will agree upon additional short-notice decisions, which
address relevant global or regional health, safety, and security
concerns, as well as other international emergencies and crises, in the
near future. The process 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 implementing the
short-notice decisions of the Commission. NMFS will, however, consider
and respond to public comments received on the interim final rule.
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: June 7, 2021.
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. 300.215, revise paragraph (d)(1)(iii), add paragraph
(d)(1)(iv), revise paragraph (d)(2)(vi), and add paragraph (d)(2)(vii)
to read as follows:
Sec. 300.215 Observers.
* * * * *
(d) * * *
(1) * * *
(iii) The transshipment is an emergency, as specified under Sec.
300.216(b)(4); or
(iv) The Pacific Islands Regional Administrator has by temporary
specification published in the Federal Register modified or suspended
the requirement to carry an observer for transshipments in accordance
with Sec. 300.228.
(2) * * *
(vi) The transshipment is an emergency, as specified under Sec.
300.216(b)(4); or
(vii) The Pacific Islands Regional Administrator has by temporary
specification published in the Federal Register modified or suspended
the requirement to carry an observer for transshipments in accordance
with Sec. 300.228.
* * * * *
0
3. In Sec. 300.216, add paragraph (b)(1)(iii) and revise paragraph
(b)(2) introductory text to read as follows:
Sec. 300.216 Transshipping, bunkering and net sharing.
* * * * *
(b) * * *
(1) * * *
(iii) The restrictions in paragraphs (b)(1)(i) and (ii) of this
section shall not apply to transshipments that are subject to a
modification or suspension issued by the Pacific Islands Regional
Administrator and published in the Federal Register under Sec.
300.228.
(2) Restrictions on at-sea transshipments. This paragraph (b)(2)
does not apply to transshipments meeting any of the following
conditions: The transshipment is subject to a modification or
suspension issued by the Pacific Islands Regional Administrator and
published in the Federal Register under Sec. 300.228; the
transshipment takes place entirely
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within the territorial seas or archipelagic waters of any nation, as
defined by the domestic laws and regulations of that nation and
recognized by the United States, and only includes fish caught within
such waters; or, the transshipment takes place entirely within the
Overlap Area, and only includes fish caught within such waters.
* * * * *
0
4. In Sec. 300.222, add paragraph (yy) to read as follows:
Sec. 300.222 Prohibitions.
* * * * *
(yy) Fail to comply with the requirements of any temporary
specification issued under Sec. 300.228.
0
5. In Sec. 300.223, revise paragraphs (e)(1) introductory text and
(e)(1)(ii) and add paragraph (e)(1)(iii) to read as follows:
Sec. 300.223 Purse seine fishing restrictions.
* * * * *
(e) * * *
(1) A fishing vessel of the United States may not be used to fish
with purse seine gear in the Convention Area without a WCPFC observer
on board. The requirement in the preceding sentence does not apply to
fishing trips that meet one of the following conditions:
* * * * *
(ii) No fishing takes place during the fishing trip in the
Convention Area in the area between 20[deg] N latitude and 20[deg] S
latitude; or
(iii) The Pacific Islands Regional Administrator has by temporary
specification published in the Federal Register modified or suspended
the requirement to carry an observer in accordance with Sec. 300.228.
* * * * *
0
6. Add Sec. 300.228 to read as follows:
Sec. 300.228 Framework to implement emergency decisions.
(a) General. To implement short-notice Commission decisions,
including intersessional decisions, that address relevant global or
regional health, safety, and security concerns, as well as other
international emergencies and crises, the Pacific Islands Regional
Administrator may, by temporary specification, modify or suspend
regulations in this subpart for a period less than one year. A
temporary specification under this paragraph (a) will remain in effect
no longer than 30 days after the expiration of the underlying
Commission decision.
(b) Procedures for regulatory modifications or suspensions. The
Pacific Islands Regional Administrator will publish in the Federal
Register each temporary specification issued under paragraph (a) of
this section. The temporary specification will identify the basis for
the modification or suspension (i.e., a description of the Commission
decision), the changes to the regulations, and the duration of the
changes.
(c) Procedures for revoking regulatory modifications or
suspensions. The Pacific Islands Regional Administrator may revoke any
temporary specification issued under paragraph (a) of this section by
notification published in the Federal Register.
(d) Limitations on regulatory modifications or suspensions.
Temporary specifications issued under paragraph (a) of this section
shall be limited to the following:
(1) Modifications or suspensions of the purse seine observer
coverage requirements at Sec. 300.223(e), including the Pacific
Islands Regional Administrator's suspension of some or all of the
requirements on a fleet-wide or individual vessel basis, requiring the
carrying of observers other than WCPFC observers, requirements to carry
electronic monitoring devices in lieu of observers, and requirements to
collect and submit photographic or written information;
(2) Modifications or suspensions of the regulations at Sec.
300.216(b)(1) prohibiting at-sea transshipment for purse seine vessels,
including suspensions of some or all of the prohibitions, prior
notification to an address specified by the Pacific Islands Regional
Administrator for an at-sea transshipment, and authority of the Pacific
Islands Regional Administrator to suspend the prohibitions for
particular transshipments; and
(3) Modifications or suspensions of the regulations at Sec. Sec.
300.215(d) and 300.216(b)(2) regarding at-sea transshipment observer
requirements, including suspensions of some or all of the requirements,
the Pacific Islands Regional Administrator's authorization to suspend
some or all of the requirements for particular transshipments,
requiring the carrying of observers other than WCPFC observers,
requirements to carry electronic monitoring devices in lieu of
observers, and requirements to collect and submit photographic or
written information.
[FR Doc. 2021-12258 Filed 6-10-21; 8:45 am]
BILLING CODE 3510-22-P
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