34584 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Rules and Regulations 

CFR part 300 and that was published at 

86 FR 31178 on June 11, 2021. 

Authority: 16 U.S.C. 6901 et seq. 

Dated: June 1, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2022–12114 Filed 6–6–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 220527–0125] 

RIN 0648–BL24 

International Fisheries; Western and 

Central Pacific Fisheries for Highly 

Migratory Species; Extension of Period 

To Implement Decisions of the 

Western and Central Pacific Fisheries 

Commission Related to the COVID–19 

Pandemic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Interim final rule; temporary 

specifications; request for comments. 

SUMMARY: In response to the ongoing 

COVID–19 pandemic, this interim final 

rule extends the time period that 

temporary specifications issued to 

implement certain 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) may remain in 

effect. This action also extends 

temporary specifications to implement 

two short-notice WCPFC decisions. 

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). NMFS seeks comments on 

this interim final rule and will respond 

to those comments in a subsequent final 

rule. 

DATES: This interim final rule is 

effective on June 7, 2022. Temporary 

specifications are effective on June 7, 

2022 until July 15, 2022. Comments on 

the interim final rule must be submitted 

in writing by July 7, 2022. 

ADDRESSES: You may submit comments 

on the interim final rule, identified by 

NOAA–NMFS–2022–0052, and the 

regulatory impact review (RIR) prepared 

for the interim final rule, 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–2022–0052 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Michael D. Tosatto, Regional 

Administrator, NMFS, Pacific Islands 

Regional Office (PIRO), 1845 Wasp 

Blvd., Building 176, Honolulu, HI 

96818. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, might not be 

considered by NMFS. 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 and address), 

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). 

Copies of the RIR are available at 

www.regulations.gov or may be obtained 

from Michael D. Tosatto, Regional 

Administrator, NMFS PIRO (see address 

above). 

FOR FURTHER INFORMATION CONTACT: Rini 

Ghosh, NMFS PIRO, 808–725–5033. 

SUPPLEMENTARY INFORMATION: 

Background on the Convention 

The Convention is concerned with the 

conservation and management of highly 

migratory fish stocks (HMS) and the 

management of fisheries for HMS. The 

objective of the Convention is to ensure, 

through effective management, the longterm conservation and sustainable use 

of HMS in the western and central 

Pacific Ocean (WCPO). To accomplish 

this objective, the Convention 

established the Commission, which 

includes Members, Cooperating Nonmembers, and Participating Territories 

(collectively referred to here as 

‘‘members’’). The United States of 

America is a Member. American Samoa, 

Guam, and the Commonwealth of the 

Northern Mariana Islands are 

Participating Territories. 

As a Contracting Party to the 

Convention and a Member of the 

Commission, the United States 

implements, as appropriate, 

conservation and management measures 

adopted by the Commission and other 

decisions of the Commission. The 

WCPFC Implementation Act (16 U.S.C. 

6901 et seq.), authorizes the Secretary of 

Commerce, in consultation with the 

Secretary of State and the Secretary of 

the Department in which the United 

States Coast Guard is operating (the 

Department of Homeland Security), to 

promulgate such regulations as may be 

necessary to carry out the obligations of 

the United States under the Convention, 

including the decisions of the 

Commission. The WCPFC 

Implementation Act further provides 

that the Secretary of Commerce shall 

ensure consistency, to the extent 

practicable, of fishery management 

programs administered under the 

WCPFC Implementation Act and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA; 16 U.S.C. 1801 et seq.), as well 

as other specific laws (see 16 U.S.C. 

6905(b)). The Secretary of Commerce 

has delegated the authority to 

promulgate regulations under the 

WCPFC Implementation Act to NMFS. 

A map showing the boundaries of the 

area of application of the Convention 

(Convention Area), which comprises the 

majority of the WCPO, can be found on 

the WCPFC website at: www.wcpfc.int/ 

doc/convention-area-map. 

Background on WCPFC Decisions in 

Response to the COVID–19 Pandemic 

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 atsea transshipment prohibition 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 


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Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Rules and Regulations 34585 

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. 

several times but 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. 

Background on NMFS’s Regulations 

NMFS regulations at 50 CFR 

300.223(e) implement a WCPFC 

requirement for 100 percent WCPFC 

observer 1 coverage on purse seine 

vessels (with limited exceptions). 

NMFS regulations at 50 CFR 

300.216(b)(1) implement the WCPFC 

prohibition on at-sea transshipments for 

purse seine vessels. 

NMFS regulations at 50 CFR 

300.215(d) and 50 CFR 300.216(b)(2) 

implement WCPFC provisions regarding 

observer coverage for at-sea 

transshipments. 

NMFS published an interim final rule 

on June 11, 2021, to establish a 

framework to implement short-notice 

decisions of the Commission (86 FR 

31178; June 11, 2021) through 

temporary specifications. Under the 

framework, any temporary specification, 

including all extensions, may remain in 

effect for less than one year. 

Simultaneously, NMFS published 

temporary specifications to waive the 

regulations for WCPFC purse seine 

observer coverage, prohibitions on atsea transshipment for purse seine 

vessels, and at-sea transshipment 

observer coverage. NMFS extended the 

duration of the temporary specifications 

and, based on the most recent WCPFC 

decision, the two temporary 

specifications on purse seine observer 

coverage and at-sea transshipment 

observers are currently in effect until 

June 10, 2022 (87 FR 21812; April 13, 

2022). As described above, under the 

existing regulations at 50 CFR 300.228, 

the temporary specifications can only 

remain in effect for less than one year 

(i.e., until June 10, 2022). 

Based on the recent WCPFC 

intersessional decision and ongoing 

COVID–19 conditions worldwide, the 

temporary specifications to waive the 

regulations for WCPFC observer 

coverage and at-sea transshipment 

observer coverage must remain in effect 

after June 10, 2022. Thus, in this interim 

final rule, NMFS is extending the time 

period in which COVID–19 related 

temporary specifications may be 

effective from less than one year to no 

later than December 31, 2023, after 

which date the effective period will 

revert back to less than one year. 

The Actions 

Interim Final Rule: Extension of Time 

Period To Implement Decisions of the 

Western and Central Pacific Fisheries 

Commission Related to the COVID–19 

Pandemic 

This interim final rule extends the 

time period in which COVID–19 related 

temporary specifications may be 

effective from less than one year to no 

later than December 31, 2023, after 

which date the effective period will 

revert back to less than one year. Other 

temporary specifications issued under 

the framework will continue to be 

limited to less than one year in 

duration, and all temporary 

specifications issued under the 

framework will be limited to less than 

one year in duration after December 31, 

2023. 

Temporary Specifications: 

Implementation of Recent WCPFC 

Decisions That Need Immediate 

Implementation 

NMFS is using the framework as set 

forth at 50 CFR 300.228 and as modified 

in this interim final rule, to extend the 

effective date of the temporary 

specifications implementing the two 

WCPFC intersessional decisions 

(WCPFC decision dated April 8, 2020, 

on purse seine observer coverage; 

WCPFC decision dated May 13, 2020, 

on at-sea transshipment observers), 

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 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 July 

15, 2022, unless NMFS earlier rescinds 

or extends this waiver by publication in 

the Federal Register under the 

procedures set forth at 50 CFR 

300.228(b) and (c): 

• 50 CFR 300.223(e)(1). During the 

term of this waiver, U.S. purse seine 

vessels are not required to carry WCPFC 

observers 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)(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 

The Administrator, Pacific Islands 

Region, NMFS, has determined that this 

interim final rule is consistent with the 

WCPFC Implementation Act and other 

applicable laws. 

Administrative Procedure Act 

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 would 

be contrary to the public interest. As 

stated above, two short-notice WCPFC 

decisions needing immediate extension 

have already gone into effect and NMFS 

is extending those two decisions 

through the framework process 

established at 50 CFR 300.228 as 

modified under this interim final rule. 

The most recent WCPFC decision 

extends the short-notice decisions until 

June 15, 2022, but NMFS has only been 

able to implement them via temporary 

specification until June 10, 2022, due to 

the less than one year duration of 

temporary specifications issued under 

the current provisions of 50 CFR 

300.228. The extension established 

under this interim final rule would 

provide NMFS with the ability to carry 

out the obligations of the United States 

under the Convention, including 

promptly extending the short-notice 

WCPFC decisions that address the 

COVID–19 pandemic. This interim final 

rule must enter into effect prior to June 

10, 2022, in order for the United States 

to implement the current WCPFC 

decision, and thus prior notice and 

opportunity for public comment is not 

feasible given the short time frame 

available for the United States to 

implement the current WCPFC decision. 

NMFS will, however, consider and 

respond to public comments received 

on the interim final rule and will 


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34586 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Rules and Regulations 

accordingly make any revisions should 

NMFS find that any are prudent or 

necessary. 

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 interim final rule 

and the temporary measures. 

Executive Order 12866 

This interim final rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Regulatory Flexibility Act 

Because prior notice and opportunity 

for public comment are not required for 

the interim final rule by 5 U.S.C. 553, 

or any other law, the analytical 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601 et seq., are 

inapplicable. Therefore, no regulatory 

flexibility analysis was required and 

none has been prepared. 

Paperwork Reduction Act 

This interim final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 300 

Administrative practice and 

procedure, Fish, Fisheries, Fishing, 

Marine resources, Reporting and 

recordkeeping requirements, Treaties. 

Dated: May 31, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 300 is amended 

as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

Subpart O—Western and Central 

Pacific Fisheries for Highly Migratory 

Species 

■ 1. The authority citation for 50 CFR 

part 300, subpart O, continues to read as 

follows: 

Authority: 16 U.S.C. 6901 et seq. 

■ 2. In § 300.228, add paragraph (e) to 

read as follows: 

§ 300.228 Framework to implement 

emergency decisions. 

* * * * * 

(e) Covid-19-related actions. 

Notwithstanding paragraph (a) of this 

section, a temporary specification to 

modify or suspend regulations related to 

the COVID–19 pandemic may be 

continued, as appropriate, until 

December 31, 2023, after which time 

such temporary specifications shall be 

effective for a period of less than one 

year. 

[FR Doc. 2022–12115 Filed 6–6–22; 8:45 am] 

BILLING CODE 3510–22–P 


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