[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Rules and Regulations]
[Pages 21812-21813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07815]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 210603-0121;RTID 0648-XB905]


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 two 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 the temporary specifications on 
purse seine observer coverage and transshipment observer coverage until 
June 10, 2022. NMFS is also revoking the temporary specification on 
purse seine transshipment at sea. 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 on purse seine observer coverage 
and transshipment observer coverage are in

[[Page 21813]]

effect from April 13, 2022, until June 10, 2022. The temporary 
specification on purse seine transshipments at sea is revoked from 
April 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. 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 those three temporary 
specifications until April 14, 2022 (87 FR 885; January 7, 2022).

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 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 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 
subsequently extended that decision and the current extension is 
effective until June 15, 2022.

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 
two of the three recent WCPFC intersessional decisions (WCPFC decisions 
dated April 8, 2020 and May 13, 2020), 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 for less 
than one year. Because NMFS implemented the temporary specifications on 
purse seine and at-sea transshipment observer coverage on June 11, 
2021, these temporary specifications cannot be extended past June 10, 
2022 under the current framework at 50 CFR 300.228.
    Accordingly, the requirements of the following regulations are 
waived. Such waiver shall remain in effect until June 10, 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 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; and
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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)(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.

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 April 20, 2020, to waive the prohibition on purse seine at-sea 
transshipments set forth at 50 CFR 300.216(b)(1).

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 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 two 
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: April 7, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-07815 Filed 4-12-22; 8:45 am]
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