21812 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 

lark. Except as provided under 

paragraph (a)(2) of this section and 

§§ 17.4 and 17.5, it is unlawful for any 

person subject to the jurisdiction of the 

United States to commit, to attempt to 

commit, to solicit another to commit, or 

cause to be committed, any of the 

following acts in regard to this species: 

(i) Import or export, as set forth at 

§ 17.21(b) for endangered wildlife. 

(ii) Take, as set forth at § 17.21(c)(1) 

for endangered wildlife. 

(iii) Possession and other acts with 

unlawfully taken specimens, as set forth 

at § 17.21(d)(1) for endangered wildlife. 

(iv) Interstate or foreign commerce in 

the course of commercial activity, as set 

forth at § 17.21(e) for endangered 

wildlife. 

(v) Sale or offer for sale, as set forth 

at § 17.21(f) for endangered wildlife. 

(2) Exceptions from prohibitions. In 

regard to this species, you may: 

(i) Conduct activities as authorized by 

a permit under § 17.32. 

(ii) Take, as set forth at § 17.21(c)(2) 

through (4) for endangered wildlife, and 

(c)(6) and (7) for endangered migratory 

birds. 

(iii) Take, as set forth at § 17.31(b). 

(iv) Take incidental to an otherwise 

lawful activity caused by: 

(A) The management of hazardous 

wildlife at airport facilities by airport 

staff or employees contracted by the 

airport to perform hazardous wildlife 

management activities. Hazardous 

wildlife is defined by the Federal 

Aviation Administration as species of 

wildlife, including feral animals and 

domesticated animals not under control, 

that are associated with aircraft strike 

problems, are capable of causing 

structural damage to airport facilities, or 

act as attractants to other wildlife that 

pose a strike hazard. Routine 

management activities include, but are 

not limited to, the following: 

(1) Hazing of hazardous wildlife; 

(2) Habitat modification and 

management of sources of forage, water, 

and shelter to reduce the attractiveness 

of the area around the airport for 

hazardous wildlife. This exception for 

habitat modification and management 

includes control and management of 

vegetation (grass, weeds, shrubs, and 

trees) through mowing, discing, 

herbicide application, or burning; and 

(3) Routine management, repair, and 

maintenance of roads and runways 

(does not include upgrades or 

construction of new roads or runways). 

(B) Accidental aircraft strikes at 

airports on non-Federal lands. 

(C) Agricultural (farming) practices 

implemented on farms in accordance 

with State laws on non-Federal lands in 

Washington and Oregon. 

(1) For the purposes of this rule, farm 

means any facility, including land, 

buildings, watercourses and 

appurtenances, used in the commercial 

production of crops, nursery stock, 

livestock, poultry, livestock products, 

poultry products, vermiculture 

products, or the propagation and raising 

of nursery stock. 

(2) For the purposes of this rule, an 

agricultural (farming) practice means a 

mode of operation on a farm that is or 

may be used on a farm of a similar 

nature; is a generally accepted, 

reasonable, and prudent method for the 

operation of the farm to obtain a profit 

in money; is or may become a generally 

accepted, reasonable, and prudent 

method in conjunction with farm use; 

complies with applicable State laws; 

and is done in a reasonable and prudent 

manner. Common agricultural (farming) 

practices include, but are not limited to, 

the following activities: 

(i) Planting, harvesting, rotation, 

mowing, tilling, discing, burning, and 

herbicide application to crops; 

(ii) Normal transportation activities, 

and repair and maintenance of 

unimproved farm roads (this exception 

does not include improvement or 

construction of new roads) and graveled 

margins of rural roads; 

(iii) Livestock grazing according to 

normally acceptable and established 

levels; 

(iv) Hazing of geese or predators; and 

(v) Maintenance of irrigation and 

drainage systems. 

(D) Removal or other management of 

noxious weeds. Routine removal or 

other management of noxious weeds are 

limited to the following, and must be 

conducted in such a way that impacts 

to non-target plants are avoided to the 

maximum extent practicable: 

(1) Mowing; 

(2) Herbicide and fungicide 

application; 

(3) Fumigation; and 

(4) Burning. 

(E) Habitat restoration actions. Habitat 

restoration and enhancement activities 

for the conservation of streaked horned 

lark may include activities consistent 

with formal approved conservation 

plans or strategies, such as Federal, 

Tribal, or State plans that include 

streaked horned lark conservation 

prescriptions or compliance, which the 

Service has determined (on a case-bycase basis) would be consistent with 

this rule. 

(v) Possess and engage in other acts 

with unlawfully taken wildlife, as set 

forth at § 17.21(d)(2) through (d)(4). 

* * * * * 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2022–07920 Filed 4–12–22; 8:45 am] 

BILLING CODE 4333–15–P 

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. 

SUMMARY: NMFS is extending the 

effective date of temporary 

specifications that implement two shortnotice 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 


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Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 21813 

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. 

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 shortnotice 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 shortnotice 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: 

• 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 

• 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] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120404257–3325–02; RTID 

0648–XB956] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; ReOpening of Commercial Longline 

Fishery for South Atlantic Golden 

Tilefish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


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