6474 Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Proposed Rules 

Petitioner requests the substitution of 

channel 20 for channel 10 at in the 

Table of Allotments. 

DATES: Comments must be filed on or 

before March 7, 2022 and reply 

comments on or before March 21, 2022. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 45 

L Street NE, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

counsel for the Petitioner as follows: 

Christina A. Burrow, Esq., Cooley LLP, 

1299 Pennsylvania Avenue NW, 

Washington, DC 20006. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647; or Joyce Bernstein, Media 

Bureau, at Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: In support 

of its channel substitution request, the 

Petitioner states that the Commission 

has recognized that very high frequency 

(VHF) channels have certain 

characteristics that pose challenges for 

their use in providing digital television 

service and the station has received 

many complaints from viewers unable 

to receive a reliable signal on channel 

10. An analysis using the Commission’s 

TVStudy software tool indicates that 

KTVQ’s move from channel 10 to 

channel 20 is predicted to create a small 

area where approximately 3,624 persons 

are predicted to lose service, but that the 

loss area, is partially overlapped by the 

noise limited contours of Scripps’ 

owned TV translator stations K15LB–D, 

Red Lodge, Montana, and K28ON–D, 

Castle Rock, Montana, both of which 

carry the CBS network programming 

aired by KTVQ. Accordingly, only 483 

persons would lose CBS service if 

KTVQ moves to channel 20, which 

Petitioner argues is de minimis. In 

addition, the Engineering Statement 

shows that the loss area is also partially 

overlapped by the noise limited 

contours of KSVI (ABC) and KULR 

(NBC), Billings, Montana; KHMT (FOX), 

Hardin, Montana; and KSGW (ABC/ 

FOX), Sheridan, Wyoming. Thus, 

viewers in the loss area will continue to 

have access to major network 

programming. 

This is a synopsis of the 

Commission’s Notice of Proposed 

Rulemaking, MB Docket No. 22–39; 

RM–11917; DA 22—87, adopted January 

26, 2022, and released January 26, 2022. 

The full text of this document is 

available for download at https://

www.fcc.gov/edocs. To request materials 

in accessible formats (braille, large 

print, computer diskettes, or audio 

recordings), please send an email to 

FCC504@fcc.gov or call the Consumer & 

Government Affairs Bureau at (202) 

418–0530 (VOICE), (202) 418–0432 

(TTY). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

Members of the public should note 

that all ex parte contacts are prohibited 

from the time a notice of proposed 

rulemaking is issued to the time the 

matter is no longer subject to 

Commission consideration or court 

review, see 47 CFR 1.1208. There are, 

however, exceptions to this prohibition, 

which can be found in § 1.1204(a) of the 

Commission’s rules, 47 CFR 1.1204(a). 

See §§ 1.415 and 1.420 of the 

Commission’s rules for information 

regarding the proper filing procedures 

for comments, 47 CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Proposed Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.622(j), amend the Table of 

Allotments under Montana by revising 

the entry for Billings to read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

MONTANA 

* * * * * 

Billings .......................... 11, * 16, 18, 20 

* * * * * 

[FR Doc. 2022–02337 Filed 2–3–22; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 216 and 300 

[Docket No. 220128–0036] 

RIN 0648–BK88 

International Fisheries; Pacific Tuna 

Fisheries; Purse Seine Observer 

Exemptions in the Eastern Pacific 

Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations 

under the authority of the Marine 

Mammal Protection Act (MMPA) and 

the Tuna Conventions Act (TCA) of 

1950, as amended, to allow NMFS to 

issue temporary exemptions from purse 

seine observer requirements in the 

eastern Pacific Ocean (EPO) in 

accordance with procedures adopted by 

Parties to the Agreement on the 

International Dolphin Conservation 

Program (AIDCP) and members of the 

Inter-American Tropical Tuna 

Commission (IATTC). This proposed 

rule is necessary for the continuity of 

fishing activities for large U.S. purse 

seine vessels and for the United States 

to satisfy its obligations as a member of 

the IATTC. 

DATES: Comments on the proposed rule 

must be submitted in writing by March 

7, 2022. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2021–0111, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

‘‘NOAA–NMFS–2021–0111’’ in the 

Search box. Click on the ‘‘Comment’’ 

icon, complete the required fields, and 

enter or attach your comments. 

• Mail: Submit written comments to 

William Stahnke, NMFS West Coast 

Region (WCR), Long Beach Office, 501 

W Ocean Blvd., Suite 4200, Long Beach, 

CA 90802. Include the identifier 

‘‘NOAA–NMFS–2021–0111’’ in the 

comments. 

Instructions: Comments must be 

submitted by one of the above methods 


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1 Defined as waters of the EPO within the area 

bounded by the west coast of the Americas and by 

50° N latitude, 150° W longitude, and 50° S latitude. 

2 Defined as waters of the EPO within the area 

bounded by the west coast of the Americas and by 

50° N latitude, 150° W longitude, and 50° S latitude. 

3Copies of IATTC Memo #0173–420 as well as 

the original NMFS exemption procedures can be 

found in the docket for this rulemaking. 

to ensure they are received, 

documented, and considered by NMFS. 

Comments sent by any other method, to 

any other address or individual, or 

received after the end of the comment 

period, may not be considered. All 

comments received are a part of the 

public record and will generally be 

posted for public viewing on 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the sender will be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Copies of supporting documents that 

were prepared for this proposed rule, 

including the Regulatory Impact 

Review, are available via the Federal eRulemaking Portal: 

www.regulations.gov, docket NOAA– 

NMFS–2021–0111, or contact William 

Stahnke, NMFS WCR, Long Beach 

Office, 501 W Ocean Blvd., Suite 4200, 

Long Beach, CA 90802, or WCR.HMS@

noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

William Stahnke, NMFS WCR, at (562) 

980–4088. 

SUPPLEMENTARY INFORMATION: 

Background on the AIDCP and IATTC 

The AIDCP has been ratified or 

acceded by 14 countries, including the 

United States, and is applied 

provisionally by another two. Among 

the objectives of the AIDCP are to 

reduce dolphin mortalities and ensure 

the long-term sustainability of the tuna 

stocks within the AIDCP Agreement 

Area.1 The full text of the AIDCP is 

available online at: https://

www.iattc.org/PDFFiles/AIDCP/_

English/AIDCP.pdf. 

The United States is a member of the 

IATTC, which was established under 

the 1949 Convention for the 

Establishment of an Inter-American 

Tropical Tuna Commission (1949 

Convention). The 1949 Convention was 

updated by the Convention for the 

Strengthening of the IATTC Established 

by the 1949 Convention between the 

United States of America and the 

Republic of Costa Rica (Antigua 

Convention). The full text of the 

Antigua Convention is available online 

at: https://www.iattc.org/PDFFiles/ 

IATTC-Instruments/_English/IATTC_

Antigua_

Convention%20vJun%202003.vpdf. 

The IATTC consists of 21 member 

nations and five cooperating nonmember nations. The IATTC facilitates 

scientific research, as well as the 

conservation and management, of tuna 

and tuna-like species in the IATTC 

Convention Area.2 The IATTC 

maintains a scientific research and 

fishery monitoring program and 

regularly assesses the status of tuna, 

sharks, and billfish stocks in the IATTC 

Convention Area to determine 

appropriate catch limits and other 

measures deemed necessary to promote 

sustainable fisheries and prevent the 

overexploitation of these stocks. 

International Obligations of the United 

States Under the Antigua Convention 

and AIDCP 

As a Party to the Antigua Convention 

and AIDCP and a Member of the IATTC, 

the United States is legally bound to 

implement decisions of the IATTC 

under the Tuna Conventions Act (16 

U.S.C. 951 et seq.) and decisions of the 

Parties to the AIDCP under the Marine 

Mammal Protection Act (16 U.S.C. 1361 

et seq.). The Tuna Conventions Act 

directs the Secretary of Commerce, in 

consultation with the Secretary of State 

and, with respect to enforcement 

measures, the U.S. Coast Guard, to 

promulgate such regulations as may be 

necessary to carry out the United States’ 

obligations under the Antigua 

Convention, including 

recommendations and decisions 

adopted by the IATTC. The authority of 

the Secretary of Commerce to 

promulgate such regulations has been 

delegated to NMFS. The MMPA directs 

the Secretary of Commerce to issue 

regulations, and revise those regulations 

as may be appropriate, to implement the 

International Dolphin Conservation 

Program. As with the TCA, the authority 

of the Secretary of Commerce to 

promulgate such regulations has been 

delegated to NMFS. 

AIDCP and IATTC Observer Program 

and U.S. Observer Requirements 

U.S. large purse seine vessels (i.e., 

those greater than 400 short ton carrying 

capacity) fishing for tuna in the EPO are 

subject to 100 percent observer coverage 

obligations under Annex II, paragraph 2 

of the AIDCP and IATTC Resolution C– 

09–04, Resolution on the International 

Dolphin Conservation Program. The 

United States implemented this 

requirement for 100 percent observer 

coverage into domestic regulation at 50 

CFR 216.24(e)(1), which requires vessel 

permit holders to allow an authorized 

observer to accompany the vessel on all 

fishing trips in the Eastern Tropical 

Pacific (ETP) for the purpose of 

collecting information pertaining to 

research and observing operations and 

prohibits vessels that fail to carry an 

observer in accordance with these 

requirements from engaging in fishing 

operations. The United States does not 

have its own national observer program 

for the large tuna purse seine fishery 

and relies solely on the AIDCP/IATTC 

program to place observers on U.S. large 

purse seine vessels. The observers are 

typically foreign nationals that board 

U.S. vessels at ports throughout Central 

and South America, as well as American 

Samoa. 

AIDCP and IATTC Agreement for 

Exemptions and NMFS Emergency 

Observer Exemption Rule 

On April 16, 2020, the IATTC issued 

a memorandum (Ref.: 0173–420) 3

indicating that the AIDCP Parties and 

the IATTC Members adopted 

procedures to provide for the temporary 

exemption, on a case-by-case basis, from 

purse seine observer requirements in the 

EPO for each vessel and trip where it is 

not possible to place an observer due to 

operational and logistical constraints 

arising from actions taken by 

governments or organizations to 

safeguard health in response to the 

COVID–19 Pandemic. Under these 

exemption procedures, owners and 

operators of vessels must continue 

requesting the placement of observers in 

accordance with pre-existing 

procedures. An AIDCP/IATTC 

exemption is considered granted when 

the IATTC Director, or the head of the 

field office and the national observer 

program office of AIDCP Parties, certify 

the unavailability of an observer for the 

vessel. These procedures were set to 

expire June 1, 2020, but the AIDCP/ 

IATTC issued several subsequent 

memoranda extending the procedures, 

most recently until March 31, 2022 

(0564–420; December 16, 2021), and 

they are expected to be extended 

further. The current AIDCP/IATTC 

exemption procedures are discussed in 

greater detail in the next section of this 

preamble. 

In addition to the AIDCP/IATTC 

procedures, NMFS needed authority to 

provide exemptions from domestic 

regulations requiring observer coverage. 

On March 27, 2020, NMFS published a 


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temporary rule for an emergency action 

in response to the COVID–19 Pandemic 

(85 FR 17285) that provides the 

authority to waive observer coverage 

requirements implemented under 

certain statutes, including the MMPA 

and TCA (‘‘NMFS Emergency Rule’’). 

That NMFS Emergency Rule permits 

NMFS to waive observer coverage 

requirements if: 

(1) Placing an observer conflicts with 

travel restrictions or other requirements 

addressing COVID–19 related concerns 

issued by local, state, or national 

governments, or the private companies 

that deploy observers pursuant to NMFS 

regulations; or 

(2) No qualified observer(s) are 

available for placement due to health, 

safety, or training issues related to 

COVID–19. 

That temporary NMFS Emergency 

Rule was extended and is currently in 

effect until March 26, 2022, or until the 

Secretary of Health and Human Services 

determines that the COVID–19 

Pandemic is no longer a public health 

emergency, whichever is earlier (March 

29, 2021; 86 FR 16307). Pursuant to the 

NMFS Emergency Rule, and in 

accordance with exemption procedures 

adopted by the AIDCP/IATTC, NMFS 

West Coast Region (WCR) established a 

process, subject to revocation or 

extension as circumstances warrant, for 

issuing temporary exemptions on an 

individual basis to the U.S. regulatory 

requirements for observer requirements 

for large U.S. tuna purse seine vessels in 

the EPO. This process, which NMFS is 

proposing to maintain under the 

proposed rule, is discussed in greater 

detail in the next section of this 

preamble. 

Proposed Amendment to 50 CFR 

216.24(e) To Allow for Exemptions 

From Purse Seine Observer 

Requirements in the EPO 

Though difficult to predict, NMFS 

expects travel restrictions will likely 

continue in American Samoa and other 

port States where observers are placed 

on purse seine vessels beyond March 

26, 2022. As noted, the AIDCP/IATTC 

exemptions procedures have been 

extended until March 31, 2022, and are 

expected to be extended further. 

However, the temporary NMFS 

Emergency Rule that provides the 

United States domestic authority to 

waive observer coverage for large EPO 

purse seine vessels will expire on March 

26, 2022. After this time, NMFS will no 

longer have the authority to issue 

exemptions from observer requirements 

to large purse seine vessels fishing in 

the EPO. Without the authority to issue 

observer exemptions, the United States 

would likely be the only AIDCP Party 

and IATTC Member unable to issue 

these exemptions to its purse seine 

vessels. This proposed rule is therefore 

necessary to allow NMFS to continue 

issuing temporary exemptions from the 

observer requirements beyond the 

NMFS Emergency Rule expiration date 

in March 2022 in accordance with 

continuing AIDCP/IATTC exemption 

procedures and, potentially, in 

accordance with exemption procedures 

adopted in the future. Because the 

AIDCP contains an unqualified 

requirement for 100 percent observer 

coverage, NMFS anticipates that the 

AIDCP/IATTC will only adopt 

exemption procedures in the future 

under emergency circumstances similar 

to the COVID–19 pandemic and that 

those procedures would be similarly 

limited to single fishing trips for which 

it would be impossible to place an 

observer on a vessel. 

This rule is proposed under the 

authorities of the MMPA and TCA. This 

rule would amend § 216.24(e)(1) to add 

a provision that will allow NMFS to 

issue temporary exemptions from purse 

seine observer requirements, on a caseby-case basis, in accordance with 

procedures adopted by the Parties to the 

AIDCP and Members of the IATTC. 

These temporary exemptions would 

apply to U.S. large purse seine vessels 

that are used to catch tropical tuna in 

the IATTC Convention Area and would 

exempt a single vessel from the 

requirement to carry an observer during 

a single fishing trip, provided the vessel 

complies with AIDCP/IATTC exemption 

procedures and with other applicable 

regulations and requirements. Although 

the proposed provision would not 

expire, it would only be applicable for 

the duration that AIDCP and IATTC 

observer exemption procedures are 

effective. In other words, the proposed 

provision would only give NMFS the 

authority to grant an exemption: (1) If 

the Parties to the AIDCP and Members 

of the IATTC have collectively agreed to 

adopt procedures for exempting 

observer coverage requirements under 

certain emergency circumstances; and 

(2) in accordance with the specific 

procedures adopted by AIDCP/IATTC 

for granting those exemptions. 

NMFS will notify the affected fleet via 

email when the current AIDCP/IATTC 

emergency exemption procedures are no 

longer in effect. NMFS will also notify 

the affected fleet via email and the 

public by publication of a notice in the 

Federal Register if new exemption 

procedures are adopted by the Parties to 

the AIDCP and Members of the IATTC. 

New exemptions would not be issued by 

NMFS when AIDCP/IATTC exemption 

procedures are not in effect and 

exemptions issued by NMFS while 

AIDCP/IATTC exemption procedures 

are in effect would only be effective for 

as long as the AIDCP/IATTC procedures 

remain in effect. 

Process for Obtaining an Observer 

Exemption From the IATTC 

As previously noted, the AIDCP 

Parties and the IATTC Members 

adopted procedures for the temporary 

exemption, on a case-by-case basis, of 

the requirement to carry an observer for 

trips where it is not possible to place an 

observer on a vessel. The process for a 

vessel to be granted an exemption from 

the IATTC is outlined below: 

• Vessel owners/operators planning a 

fishing trip in the EPO are to contact the 

IATTC Director and Observer 

Coordinator to request an observer. 

• If the IATTC Director, or the head 

of the field office and the national 

program office, certifies, in coordination 

with Flag State Authorities, that it is not 

possible to place an observer on the 

vessel, then an exemption from AIDCP 

observer requirements will be 

considered granted for the fishing trip. 

Process for Obtaining an Observer 

Exemption From NMFS 

In addition, U.S. large purse seine 

vessels must also obtain from NMFS 

WCR an individual exemption from 

regulatory observer coverage 

requirements. As discussed previously, 

NMFS has been issuing those 

exemptions under the authority of the 

NMFS Emergency Rule; however, if 

finalized, this proposed rule would 

provide NMFS the authority to continue 

issuing such exemptions while AIDCP/ 

IATTC exemption procedures are in 

effect. NMFS would continue using the 

existing process for a U.S. vessel to 

obtain an exemption from domestic 

regulations, as outlined below: 

• Once NMFS West Coast Region 

receives certification from the IATTC or 

the vessel owner/operator that an 

exemption has been granted, NMFS will 

confirm that the vessel owner/operator 

meets the criteria set forth in the 

AIDCP/IATTC exemption procedures. 

• If the criteria are met, NMFS will 

issue the permit holder a letter 

documenting that the requirement to 

carry an observer has been exempted for 

that vessel trip. 

• A NMFS observer exemption may 

be requested from the NMFS West Coast 

Region, Sustainable Fisheries Division, 

Highly Migratory Species (HMS) 

Branch, via WCR.HMS@noaa.gov. 

NMFS anticipates working in 

coordination with the IATTC and being 

able to provide individual vessel 


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exemptions without significant delay to 

U.S. large purse seine vessels. Any 

changes to these procedures will be 

notified by email directly and/or via 

relevant email distribution lists to vessel 

owners, operators, and permit holders. 

Dolphin-Safe Requirements 

It should be noted that although these 

proposed regulations will allow NMFS 

to waive the regulatory requirements in 

§ 216.24(e)(1) to carry an observer, tuna 

caught in the ETP on a trip without an 

AIDCP-approved observer will be 

ineligible for a United States dolphinsafe label or an AIDCP Dolphin-Safe 

Tuna Certificate. With respect to the 

U.S. dolphin-safe label, any tuna 

harvested by large purse seine vessels 

fishing in the ETP is subject to U.S. 

dolphin-safe labeling requirements at 50 

CFR part 216, subpart H, and also 

subject to the authority of the 

International Dolphin Conservation 

Program Act (ICDPA; 16 U.S.C. 1417). 

Without an AIDCP-approved observer 

on a fishing trip (even with an observer 

exemption), the Tuna Tracking Forms 

(TTFs) cannot be completed by an 

observer for that trip and, thus, the tuna 

would be ineligible for a dolphin-safe 

label. TTFs are necessary for the 

issuance of the U.S.-required IDCPmember nation certification to 

accompany the NOAA Form 370 for 

tuna harvested by large purse seine 

vessels in the ETP. However, such tuna 

harvested in the ETP without an 

observer may still be legally sold in the 

United States as non-dolphin-safe, 

provided it was harvested in accordance 

with other relevant requirements. 

With respect to the AIDCP DolphinSafe Tuna Certificate, it should also be 

noted that the AIDCP Parties did not 

waive the requirement for the observer’s 

role in verifying the dolphin-safe status 

of the catches under the AIDCP 

Dolphin-Safe Tuna Certification 

Program. Therefore, any trip by a vessel 

of an AIDCP Party that is made without 

an observer would not have valid TTFs 

and, thus, no valid AIDCP Dolphin-Safe 

Tuna Certificate can be issued by a Party 

for any catches made on that particular 

fishing trip. 

Proposed Amendments to 50 CFR 

300.24 and 300.25 To Incorporate 

Existing Purse Seine Observer 

Requirements Into the Regulations That 

Govern Eastern Pacific Tuna Fisheries 

As noted earlier, the regulatory 

requirement for large purse seine vessels 

to carry observers during fishing 

operations in the EPO are found in 50 

CFR part 216, which contains 

regulations governing the taking and 

importing of marine mammals. This 

proposed rule would incorporate that 

requirement into 50 CFR part 300, 

subpart C, which contains regulations 

governing eastern Pacific tuna fisheries. 

Specifically, NMFS proposes to add to 

§ 300.25, Fisheries Management, a 

provision that re-states, and crossreferences to, the existing observer 

coverage requirement in § 216.24(e)(1). 

This provision would clarify that the 

requirements in § 216.24(e)(1) apply 

within the IATTC Convention Area. 

NMFS also proposes to add to 

§ 300.24(n) a prohibition against 

operating a large purse seine vessel in 

the IATTC Convention Area in 

contravention of applicable observer 

requirements. 

Classification 

The NMFS Assistant Administrator 

has determined that this proposed rule 

is consistent with the Marine Mammal 

Protection Act, Tuna Conventions Act of 

1950, and other applicable laws. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

There are no new collection-ofinformation requirements associated 

with this action that are subject to the 

Paperwork Reduction Act (PRA), and 

the existing collection-of-information 

requirements still apply under Office of 

Management and Budget (OMB) Control 

Numbers 0648–0148 (West Coast Region 

Pacific Tuna Fisheries Logbook, Fish 

Aggregating Device Form, and Observer 

Safety Reporting) and 0648–0335 

(Fisheries Certificate of Origin). 

Notwithstanding any other provision of 

the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

All currently approved NOAA 

collections of information may be 

viewed at: https://www.reginfo.gov/ 

public/do/PRAMain. 

Pursuant to the Regulatory Flexibility 

Act, 5 U.S.C. 605(b), the Chief Counsel 

for Regulation of the Department of 

Commerce certified to the Chief Counsel 

for Advocacy of the Small Business 

Administration that this proposed rule, 

if adopted, would not have a significant 

economic impact on a substantial 

number of small entities. The rationale 

for the certification is provided in the 

following paragraphs. 

As previously mentioned, NMFS 

expects that travel restrictions due to 

the COVID–19 pandemic will likely 

continue in American Samoa and 

foreign ports where observers are placed 

on purse seine vessels into the 

foreseeable future. NMFS also expects 

that the AIDCP/IATTC will extend their 

observer exemptions procedures beyond 

the current March 31, 2022, expiration 

date. With the NMFS Emergency Rule 

that provides the United States domestic 

authority to waive observer coverage for 

large EPO purse seine vessels expiring 

on March 26, 2022, NMFS will no 

longer have the authority to issue 

exemptions from observer requirements 

to large purse seine vessels fishing in 

the or EPO after that date. This 

proposed rule will allow NMFS to 

continue issuing temporary exemptions 

from the observer requirements. The 

absence of this proposed rule would 

result in NMFS being unable to issue 

exemptions in cases where no observer 

is available, preventing U.S. large purse 

seine vessels from legally fishing, 

thereby decreasing fishing opportunities 

and putting the U.S. fleet at a 

competitive disadvantage. 

The United States Small Business 

Administration (SBA) defines a ‘‘small 

business’’ (or ‘‘small entities’’) as one 

with annual revenue that meets or is 

below an established size standard. 

NMFS has established that the small 

business size standard for all businesses 

primarily engaged in the commercial 

fishing industry (NAICS 11411) for 

Regulatory Flexibility Act (RFA) 

compliance purposes (80 FR 81194, 

December 29, 2015), is $11 million in 

annual gross receipts. The standard is to 

be used in place of the U.S. SBA 

standards of $20.5 million, $5.5 million, 

and $7.5 million for the finfish (NAICS 

114111), shellfish (NAICS 114112), and 

other marine fishing (NAICS 114119) 

sectors, respectively, of the U.S. 

commercial fishing industry. 

The entities directly affected by the 

actions of this proposed action are U.S. 

large (i.e., well volume greater than 425 

cubic meters) tuna purse seine vessels 

that are required to carry fisheries 

observers, pursuant to the AIDCP and 

U.S. regulations at § 216.24(e). Per the 

$11 million size standard, these purse 

seine vessels are both large and small 

businesses. 

Estimates of ex-vessel revenues for 

large U.S. purse seine vessels fishing in 

the IATTC Convention Area before 2015 

have been confidential and may not be 

publicly disclosed because of the small 

number of vessels in the fishery. 

However, beginning in 2015, more than 

three large purse seine vessels fished 

either exclusively in the EPO, or fished 

in both the EPO and WCPO. Thus, 

information from 2015 to 2020 is not 

confidential. 

Ex-vessel price information specific to 

individual large U.S. purse seine vessels 

are not available to NMFS because these 


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6478 Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Proposed Rules 

vessels did not land on the U.S. West 

Coast and the cannery receipts are not 

available through the IATTC. However, 

Regional Purse Seine Logbook (RPL) 

data from NMFS Pacific Islands 

Fisheries Science Center (PIFSC), and 

observer data from the IATTC may be 

used as a proxy for fish landings by 

large U.S. purse seiners, in lieu of 

cannery receipts. Since neither gross 

receipts nor ex-vessel price information 

specific to individual fishing vessels are 

available to NMFS, NMFS applied 

indicative regional cannery prices—as 

approximations of ex-vessel prices—to 

annual catches of individual vessels 

obtained from RPLs and IATTC observer 

data, to estimate the vessels’ annual 

receipts. Indicative regional cannery 

prices are available through 2020 

(developed by the Pacific Islands Forum 

Fisheries Agency; available at (https://

www.ffa.int/node/425). NMFS estimated 

vessels’ annual receipts during 2019– 

2020. Using this approach, NMFS 

estimates that among the affected 

vessels, the range in annual average 

receipts in 2019–2020 was $400,000 to 

$15 million with an average of 

approximately $8 million. U.S. EPO 

purse seine vessels that carry observers 

in the IATTC Convention Area are both 

large and small entities. While vessels 

often fluctuate from year to year as 

being classified as a large or small 

entity, the majority of large U.S. purse 

seine vessels typically fall under the 

small entity category. 

As of December 2021, there are 17 

U.S. purse seine vessels on the IATTC 

active purse seine register that are 

expected to be impacted by this action. 

These vessels are large, size class 6 

purse seine vessels, registered to fish in 

the IATTC Convention Area, and 

primarily based in the western and 

central Pacific Ocean (WCPO). They are 

subject to the 100 percent observer 

coverage requirement pursuant to the 

AIDCP and U.S. domestic regulations at 

§ 216.24(e)(1). 

As described in the previous section, 

even though NMFS would exempt the 

regulatory requirements in § 216.24(e) to 

carry an observer, if there are any tuna 

caught on a trip in the ETP, it would be 

ineligible for a U.S. dolphin-safe label or 

an AIDCP Dolphin-Safe Tuna Certificate 

if no observer was on board. However, 

such tuna harvested in the ETP without 

an observer may still be legally sold in 

the United States, provided it was 

harvested in accordance with other 

relevant requirements. 

Despite these restrictions for use of 

the U.S. dolphin-safe label or an AIDCP 

Dolphin-Safe Tuna Certificate, some 

U.S. purse seine vessels have made 

determinations that there is still a 

market for tuna caught without an 

observer. Out of the 87 trips by U.S. 

vessels that occurred since the observer 

exemptions were approved in March 

2020, the United States has issued 17 

observer exemptions under the 

authority of the NMFS Emergency Rule. 

Of those exemptions, approximately one 

third were not utilized, i.e., no fishing 

occurred in the IATTC Convention Area 

during the trip for which the exemption 

was issued. For trips where no observer 

was deployed, vessels are required to 

submit directly to the IATTC an IATTC 

bridge log and a fish aggregating device 

(FAD) form that contains fields that 

would have otherwise been collected by 

the observer. The compliance rate with 

these requirements is 100 percent as of 

December 2021. 

Lastly, beyond the aforementioned 

IATTC bridge log, FAD form, and 

NOAA Form 370 that are already 

collected for large purse seine trips, 

there are no new recordkeeping or 

reporting requirements associated with 

this action. There are also no relevant 

Federal rules that may duplicate, 

overlap, or conflict with this action. 

This proposed action is not expected 

to substantially change the typical 

fishing practices of affected vessels or 

have a significant impact on the 

profitability of the affected U.S. vessels, 

as a relatively small number of U.S. 

vessels have been issued observer 

exemptions for trips under the NMFS 

Emergency Rule since March 2020. 

Though observer exemptions make 

catch of tuna in the EPO ineligible for 

U.S. dolphin safe label and AIDCP 

dolphin safe certificate, U.S. vessels and 

other IATTC members have found 

markets for catch without these labels/ 

certificates and continue to request 

exemptions. The proposed action would 

allow U.S. large purse seine vessels to 

continue fishing activities in cases 

where it is not possible to place an 

observer. As such, this action is not 

expected to have a significant economic 

impact on a substantial number of small 

entities and will not have a 

disproportionate economic impact on 

small business entities relative to the 

large entities. Therefore, an Initial 

Regulatory Flexibility Analysis is not 

required and none has been prepared. 

List of Subjects in 50 CFR Parts 216 and 

300 

Administrative practice and 

procedure, Fish, Fisheries, Fishing, 

Marine resources, Reporting and 

recordkeeping requirements, Treaties. 

Dated: January 28, 2022. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, the National Marine Fisheries 

Service proposes to amend 50 CFR parts 

216 and 300 as follows: 

PART 216—REGULATIONS 

GOVERNING THE TAKING AND 

IMPORTING OF MARINE MAMMALS 

Subpart C—General Exceptions 

■ 1. The authority citation for 50 CFR 

part 216, subpart C, continues to read as 

follows: 

Authority: 16 U.S.C. 1361 et seq. 

■ 2. Amend § 216.24(e)(1) by adding 

paragraphs (i) and (ii) to read as follows: 

§ 216.24 Taking and related acts in 

commercial fishing operations including 

tuna purse seine vessels in the eastern 

tropical Pacific Ocean. 

* * * * * 

(e) * * * 

(1) * * * 

(i) Exemption from observer 

requirement. The Administrator, West 

Coast Region (or designee), may issue a 

temporary written exemption from the 

observer requirement in paragraph (e)(1) 

of this section if the Parties to the 

AIDCP and/or Members of the IATTC 

have adopted emergency observer 

exemption procedures to address 

relevant global or regional health, safety, 

and security concerns, as well as other 

international emergencies and crises. 

Such exemptions will be issued on a 

case-by-case basis for a single fishing 

trip, in accordance with the AIDCP/ 

IATTC exemption procedures in effect 

at the time of the request. Exemptions 

from the requirement in paragraph (e)(1) 

of this section will only be issued when 

AIDCP/IATTC exemption procedures 

are in effect and are only valid for as 

long as the AIDCP/IATTC exemption 

procedures remain in effect. NMFS will 

notify the affected fleet via email when 

existing AIDCP/IATTC exemption 

procedures expire. NMFS will also 

notify the affected fleet via email and 

the public by publication of a notice in 

the Federal Register if new exemption 

procedures are adopted by the Parties to 

the AIDCP and/or the Members of the 

IATTC. Requests for exemption must be 

made to the Administrator, West Coast 

Region, via email at WCR.HMS@

noaa.gov, or in a manner acceptable to 

the Administrator, West Coast Region. 

(ii) [Reserved] 

* * * * * 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Proposed Rules 6479 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

Subpart C—Eastern Pacific Tuna 

Fisheries 

■ 3. The authority citation for 50 CFR 

part 300, subpart C, continues to read as 

follows: 

Authority: 16 U.S.C. 951 et seq. 

■ 4. In § 300.24, revise paragraph (n) to 

read as follows: 

§ 300.24 Prohibitions. 

* * * * * 

(n) Use a fishing vessel of class size 

4–6 to fish with purse seine gear in the 

Convention Area in contravention of the 

observer requirements in § 300.25(d) or 

the purse seine closure period 

requirements in § 300.25(e)(1), (2), or 

(5). 

* * * * * 

■ 5. In § 300.25, add paragraph (d) to 

read as follows: 

§ 300.25 Fisheries management. 

* * * * * 

(d) Observer requirements. 

(1) Purse seine vessels. 

(i) The holder of an eastern tropical 

Pacific Ocean vessel permit, as required 

by § 216.24(b) of this title, must allow 

an observer duly authorized by the 

Administrator, West Coast Region, to 

accompany the vessel on all fishing 

trips in the IATTC Convention Area for 

the purpose of conducting research and 

observing operations, including 

collecting information that may be used 

in civil or criminal penalty proceedings, 

forfeiture actions, or permit sanctions, 

pursuant to the requirements in 

§ 216.24(e) of this title. A vessel that 

fails to carry an observer in accordance 

with these requirements may not engage 

in fishing operations unless an 

exemption has been granted from these 

requirements as provided for in 

§ 216.24(e)(1)(i) of this title. 

(ii) [Reserved]. 

(2) [Reserved]. 

* * * * * 

[FR Doc. 2022–02162 Filed 2–3–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 20131–0037] 

RIN 0648–BK79 

Pacific Island Fisheries; Rebuilding 

Plan for the American Samoa 

Bottomfish Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

a rebuilding plan that includes annual 

catch limits (ACL) and accountability 

measures (AM) for the overfished 

bottomfish stock complex in American 

Samoa. This action is necessary to end 

overfishing and rebuild the overfished 

stock consistent with the requirements 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: NMFS must receive comments 

by March 21, 2022. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2022–0006, by either of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2022–0006, in the 

Search box. Click the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Send written comments to 

Michael D. Tosatto, Regional 

Administrator, NMFS Pacific Islands 

Region (PIR), 1845 Wasp Blvd., Bldg. 

176, Honolulu, HI 96818. 

Instructions: NMFS may not consider 

comments sent by any other method, to 

any other address or individual, or 

received after the end of the comment 

period. All comments received are a 

part of the public record and will 

generally be posted for public viewing 

on www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.), 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). 

The Western Pacific Fishery 

Management Council (Council) 

prepared Amendment 5 to the Fishery 

Ecosystem Plan for the American Samoa 

Archipelago (FEP), which includes a 

draft environmental assessment (EA) 

and Regulatory Impact Review. Copies 

of Amendment 5 and other supporting 

documents are available at 

www.regulations.gov, or from the 

Council, 1164 Bishop St., Suite 1400, 

Honolulu, HI 96813, tel 808–522–8220, 

www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Heather Cronin, NMFS PIR Sustainable 

Fisheries, 808–725–5179. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage the American 

Samoa bottomfish fishery under the FEP 

and implementing regulations. The 

fishery primarily targets and harvests a 

complex of 11 bottomfish management 

unit species (BMUS), which includes 

emperors, snappers, groupers, and jacks. 

Bottomfish are typically harvested in 

deep waters, though some species are 

caught over reefs at shallower depths. 

Most (85 percent) bottomfish habitat is 

in territorial waters (generally from the 

shoreline to 3 nautical miles (5.6 km) 

offshore), with the rest in Federal waters 

(i.e., the U.S Exclusive Economic Zone) 

around offshore banks. Fishing for 

bottomfish in American Samoa 

primarily occurs within 20 mi (32.2 km) 

from shore using aluminum catamarans 

less than 32 ft (9.7 m) long, known 

locally as alia. 

The Council and NMFS only have the 

authority to develop and implement 

fishery management regulations in 

Federal waters, and the American 

Samoa Government has the authority to 

implement fishery management 

measures in territorial waters. 

Bottomfish fishermen in American 

Samoa are not required to obtain a 

Federal permit to fish for BMUS or to 

report their BMUS catch to NMFS. The 

American Samoa Department of Marine 

and Wildlife Resources collects fishery 

catch information from fishermen 

through voluntary creel surveys, and 

commercial sales data from the 

mandatory commercial receipt book 

program. There are no territorial 

permitting requirements to fish for 

bottomfish in territorial waters. 

The fishery is relatively small, with 

fewer than 20 participants in the fishery 

(86 FR 3028, January 14, 2021), and 

primarily non-commercial, but it is still 

of importance to the local economy, and 

from social, cultural, and food security 

standpoints. In the past 20 years, the 

estimated total catch has varied from a 

high of 42,301 lb (19,187 kg) in 2001 to 

a low of 7,688 lb (3,487 kg) in 2012. The 


lotter on DSK11XQN23PROD with PROPOSALS1