Rule2021-18846
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Extension 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
September 1, 2021
Effective
September 1, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is extending the effective date of temporary specifications that implement three 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 those temporary specifications until January 13, 2022. 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).
Full Text
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<title>Federal Register, Volume 86 Issue 167 (Wednesday, September 1, 2021)</title>
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[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Rules and Regulations]
[Pages 48916-48917]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18846]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 210603-0121; RTID 0648-XB334]
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 three 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 those temporary specifications
until January 13, 2022. 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 are in effect from September 1,
2021 until January 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. Also
in this rule, NMFS simultaneously issued temporary specifications to
implement three short-notice WCPFC decisions; those temporary
specifications are in effect 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).
Background on 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 15, 2021.
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 subsequently extended that decision and the
current extension is effective until December 15, 2021.
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 December 15, 2021.
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
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 December 15, 2021. 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 January 13, 2022,
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 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;
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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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<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 a WCPFC observer on
board the offloading or receiving vessel.
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 interim final rule and
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
[[Page 48917]]
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 three 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: August 27, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-18846 Filed 8-31-21; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 1, 2021.
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