Rule2022-12115
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
Primary source
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Published
June 7, 2022
Effective
June 7, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 109 (Tuesday, June 7, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12115]
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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.
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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:
<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-2022-0052 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 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 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
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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).
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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.
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):
<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 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;
<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
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
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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
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</html>Indexed from Federal Register on June 7, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.