Rule2022-14954
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
July 13, 2022
Effective
July 13, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 133 (Wednesday, July 13, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> 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]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 13, 2022.
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