48916 Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Rules and Regulations 

1A 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 NMFSadministered 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. 

Management Contract Opportunities at 

https://www.sam.gov’’ in its place. 

[FR Doc. 2021–18847 Filed 8–31–21; 8:45 am] 

BILLING CODE 6820–61–P 

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. 

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 shortnotice 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: 

• 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; 

• 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 

• 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 


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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Rules and Regulations 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210217–0022; RTID 0648– 

XB372] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure; request for comments. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet (18.3 meters) length 

overall (LOA) using hook-and-line or 

pot gear in the Bering Sea and Aleutian 

Islands Management Area (BSAI). This 

action is necessary to fully use the 2021 

total allowable catch of Pacific cod 

allocated to catcher vessels less than 60 

feet LOA using hook-and-line or pot 

gear in the BSAI. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), September 1, 2021, 

through 2400 hours, A.l.t., December 31, 

2021. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., September 16, 2021. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2020–0141, 

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–2020–0141 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Records Office. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the 

comment period ends. All comments 

received are a part of the public record, 

and NMFS will post the comments for 

public viewing on www.regulations.gov 

without change. All personal identifying 

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

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender is 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Krista Milani, 907–581–2062. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR parts 600 

and 679. 

NMFS closed directed fishing for 

Pacific cod by catcher vessels less than 

60 feet LOA using hook-and-line or pot 

gear in the BSAI under 

§ 679.20(d)(1)(iii) on January 26, 2021 

(86 FR 7818, February 2, 2021). 

NMFS has determined that as of 

August 23, 2021, approximately 797 

metric tons of Pacific cod remain in the 

2021 Pacific cod apportionment for 

catcher vessels less than 60 feet LOA 

using hook-and-line or pot gear in the 

BSAI. Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully use the 2021 

total allowable catch (TAC) of Pacific 

cod in the BSAI, NMFS is terminating 

the previous closure and is opening 

directed fishing for Pacific cod by 

catcher vessels less than 60 feet LOA 

using hook-and-line or pot gear in the 

BSAI. The Administrator, Alaska 

Region, NMFS, (Regional Administrator) 

considered the following factors in 

reaching this decision: (1) The current 

catch of Pacific cod by catcher vessels 

less than 60 feet LOA using hook-andline or pot gear in the BSAI and, (2) the 

harvest capacity and stated intent on 

future harvesting patterns of vessels in 

participating in this fishery. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay the opening of directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet LOA using hook-andline or pot gear in the BSAI. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of August 26, 2021. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

Pacific cod by catcher vessels less than 

60 feet LOA using hook-and-line or pot 

gear in the BSAI to be harvested in an 

expedient manner and in accordance 

with the regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

September 16, 2021. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 27, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–18855 Filed 8–31–21; 8:45 am] 

BILLING CODE 3510–22–P 


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