31178 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 

Appendix A(2) to Part 61 [Corrected] 

■ 2. On page 43976, in the second 

column, in appendix A(2) to part 61, the 

signatory ‘‘Administrator, Federal 

Insurance and Mitigation 

Administration’’ is corrected to read 

‘‘Federal Insurance and Mitigation 

Administration’’. 

Appendix A(3) to Part 61 [Corrected] 

■ 3. On page 43985, in the first column, 

in appendix A(3) to part 61, the 

signatory ‘‘Administrator, Federal 

Insurance and Mitigation 

Administration’’ is corrected to read 

‘‘Federal Insurance and Mitigation 

Administration’’. 

Deanne B. Criswell, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2021–12236 Filed 6–10–21; 8:45 am] 

BILLING CODE 9111–52–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 210603–0121] 

RIN 0648–BJ86 

International Fisheries; Western and 

Central Pacific Fisheries for Highly 

Migratory Species; Implementation 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: Interim final rule; temporary 

specifications; request for comments. 

SUMMARY: This interim final rule 

establishes a framework to implement 

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). 

Using the framework established 

through this interim final rule, this 

action also includes temporary 

specifications to implement three shortnotice 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:

Effective date: This interim final rule 

is effective on June 11, 2021. 

Temporary specifications: The 

temporary specifications set out in the 

preamble are in effect from June 11, 

2021 until September 14, 2021. 

Comment due date: Comments on the 

interim final rule must be submitted in 

writing by July 12, 2021. 

ADDRESSES: You may submit comments 

on the interim final rule, identified by 

NOAA–NMFS–2020–0150, 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–2020–0150 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, the programmatic 

environmental assessment (PEA), 2019 

supplemental environmental assessment 

(SEA), and 2021 SEA prepared for 

National Environmental Policy Act 

(NEPA) purposes 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 Emergency 

Decisions 

On March 27, 2020, in response to 

public health concerns related to the 

COVID–19 pandemic, NMFS published 

an emergency rule providing authority 

to waive certain observer requirements 

(85 FR 17285). This rule was 


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Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 31179 

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. 

subsequently extended through March 

26, 2022 (86 FR 16307; March 29, 2021). 

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 August 15, 2021. 

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). 

Accordingly, in order to carry out the 

Commission’s intersessional decision, 

NMFS has waived the requirement 

under 50 CFR 300.223(e) until August 

15, 2021. 

NMFS regulations at 50 CFR 

300.216(b)(1) implement the WCPFC 

prohibition on at-sea transshipments for 

purse seine vessels. 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 this prohibition 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 August 15, 2021. 

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. 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 August 15, 2021. 

NMFS anticipates that the 

Commission may make additional shortnotice decisions in the near future that 

require immediate implementation and 

are temporary in nature. NMFS 

regulations at 50 CFR part 300, subpart 

O, implement multiple WCPFC 

decisions that are currently in force. The 

WCPFC Implementation Act authorizes 

NMFS to promulgate such regulations as 

may be necessary to carry out the 

United States’ international obligations 

as a member of the Commission, 

including recommendations and 

decisions adopted by the Commission. 

However, NMFS does not currently 

have a process to quickly implement 

short-notice WCPFC decisions requiring 

immediate action that address relevant 

global or regional health, safety, and 

security concerns, as well as other 

international emergencies and crises. 

The Actions 

Interim Final Rule: Establishment of 

Framework To Implement Certain 

Decisions of the Commission 

This interim final rule establishes a 

framework through which NMFS may 

issue temporary specifications, each for 

a period less than one year in total, 

inclusive of all extensions, that 

promptly suspend or modify existing 

regulations in 50 CFR part 300, subpart 

O, which implement the United States’ 

obligations under the Convention and 

WCPFC decisions. This framework 

allows NMFS to modify or suspend 

existing NMFS regulations in response 

to short-notice WCPFC decisions, 

including intersessional decisions that 

address relevant global or regional 

health, safety, and security concerns, as 

well as other international emergencies 

and crises. This framework helps ensure 

that NMFS regulations remain 

consistent with international obligations 

that may unexpectedly and quickly 

change in response to global events. 

NMFS does not intend to use this 

framework to implement WCPFC 

decisions that are routine and enter into 

effect at least 60 days after the decision 

is made, as specified in Article 20(5) of 

the Convention. 

The process enables NMFS to 

implement short-notice WCPFC 

decisions through the issuance of 

temporary specifications that modify or 

suspend specific existing regulations at 

50 CFR part 300, subpart O. As 

appropriate, temporary specifications 

may remain in effect up to 30 days after 

the expiration of the underlying WCPFC 

decision to allow NMFS adequate time 

to issue extensions or changes to the 

temporary specification, if needed, 

without unnecessarily exceeding the 

timeframe of the underlying WCPFC 

decision. 

Any temporary specification issued 

pursuant to this framework will be 

published in the Federal Register and 

will include information regarding the 

basis for the modification or suspension 

(i.e., a description of the WCPFC 

decision), the temporary modifications 

or suspension to the regulations, and the 

duration of the changes. Under the 

framework, NMFS may change 

(including extend, so long as the 

duration of the original temporary 

specification in addition to any 

extension is less than one year) any 

temporary specification by publishing a 

new temporary specification in the 

Federal Register. NMFS may revoke any 

temporary specification by publishing a 

notification in the Federal Register. 

NMFS reviewed the regulations at 50 

CFR part 300, subpart O, implementing 

the Convention and WCPFC 

conservation and management 

measures, to identify reasonably 

foreseeable temporary specifications to 

the regulations in response to shortnotice WCPFC decisions, including 

intersessional decisions, that address 

relevant global or regional health, safety, 

and security concerns, as well as other 

international emergencies and crises. 

Temporary specifications issued 

under the framework in this interim 

final rule shall be limited to the 

following: 

(1) Modifications or suspensions of 

the purse seine observer coverage 

requirements at 50 CFR 300.223(e), 

including suspensions of some or all of 

the requirements on a fleet-wide or 

individual vessel basis, requiring the 

carrying of observers other than WCPFC 

observers, requirements to carry 

electronic monitoring devices in lieu of 

observers, and requirements to collect 

and submit photographic or written 

information; 

(2) Modifications or suspensions of 

the regulations at 50 CFR 300.216(b)(1) 

prohibiting at-sea transshipment for 

purse seine vessels, including 

suspensions of some or all of the 

prohibitions, prior notification for an atsea transshipment, and suspension of 

the prohibitions for particular 

transshipments; and 

(3) Modifications or suspensions of 

the regulations at 50 CFR 300.215(d) 

and 50 CFR 300.216(b)(2) regarding atsea transshipment observer 

requirements, including suspensions of 

some or all of the requirements, 

suspension of some or all of the 

requirements for particular 

transshipments, requiring the carrying 

of observers other than WCPFC 

observers, requirements to carry 


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31180 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 

electronic monitoring devices in lieu of 

observers, and requirements to collect 

and submit photographic or written 

information. 

Temporary Specifications: 

Implementation of Recent WCPFC 

Decisions That Need Immediate 

Implementation 

NMFS is using the framework 

established under the interim final rule 

to implement by temporary 

specification 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 August 15, 

2021. Accordingly, the requirements of 

the following regulations are waived. 

Such waiver shall remain in effect until 

September 14, 2021, 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 

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 

observers when directed by NMFS to do 

so 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 an 

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, three short-notice WCPFC 

decisions needing immediate 

implementation have already gone into 

effect and NMFS is implementing those 

three decisions through the framework 

process established under this interim 

final rule. In addition, it is likely that 

the WCPFC will agree upon additional 

short-notice decisions, which address 

relevant global or regional health, safety, 

and security concerns, as well as other 

international emergencies and crises, in 

the near future. The process 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 implementing the short-notice 

decisions of the Commission. NMFS 

will, however, consider and respond to 

public comments received on the 

interim final rule. 

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: June 7, 2021. 

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 § 300.215, revise paragraph 

(d)(1)(iii), add paragraph (d)(1)(iv), 

revise paragraph (d)(2)(vi), and add 

paragraph (d)(2)(vii) to read as follows: 

§ 300.215 Observers. 

* * * * * 

(d) * * * 

(1) * * * 

(iii) The transshipment is an 

emergency, as specified under 

§ 300.216(b)(4); or 

(iv) The Pacific Islands Regional 

Administrator has by temporary 

specification published in the Federal 

Register modified or suspended the 

requirement to carry an observer for 

transshipments in accordance with 

§ 300.228. 

(2) * * * 

(vi) The transshipment is an 

emergency, as specified under 

§ 300.216(b)(4); or 

(vii) The Pacific Islands Regional 

Administrator has by temporary 

specification published in the Federal 

Register modified or suspended the 

requirement to carry an observer for 

transshipments in accordance with 

§ 300.228. 

* * * * * 

■ 3. In § 300.216, add paragraph 

(b)(1)(iii) and revise paragraph (b)(2) 

introductory text to read as follows: 

§ 300.216 Transshipping, bunkering and 

net sharing. 

* * * * * 

(b) * * * 

(1) * * * 

(iii) The restrictions in paragraphs 

(b)(1)(i) and (ii) of this section shall not 

apply to transshipments that are subject 

to a modification or suspension issued 

by the Pacific Islands Regional 

Administrator and published in the 

Federal Register under § 300.228. 

(2) Restrictions on at-sea 

transshipments. This paragraph (b)(2) 

does not apply to transshipments 

meeting any of the following conditions: 

The transshipment is subject to a 

modification or suspension issued by 

the Pacific Islands Regional 

Administrator and published in the 

Federal Register under § 300.228; the 

transshipment takes place entirely 


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Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 31181 

within the territorial seas or 

archipelagic waters of any nation, as 

defined by the domestic laws and 

regulations of that nation and 

recognized by the United States, and 

only includes fish caught within such 

waters; or, the transshipment takes 

place entirely within the Overlap Area, 

and only includes fish caught within 

such waters. 

* * * * * 

■ 4. In § 300.222, add paragraph (yy) to 

read as follows: 

§ 300.222 Prohibitions. 

* * * * * 

(yy) Fail to comply with the 

requirements of any temporary 

specification issued under § 300.228. 

■ 5. In § 300.223, revise paragraphs 

(e)(1) introductory text and (e)(1)(ii) and 

add paragraph (e)(1)(iii) to read as 

follows: 

§ 300.223 Purse seine fishing restrictions. 

* * * * * 

(e) * * * 

(1) A fishing vessel of the United 

States may not be used to fish with 

purse seine gear in the Convention Area 

without a WCPFC observer on board. 

The requirement in the preceding 

sentence does not apply to fishing trips 

that meet one of the following 

conditions: 

* * * * * 

(ii) No fishing takes place during the 

fishing trip in the Convention Area in 

the area between 20° N latitude and 20° 

S latitude; or 

(iii) The Pacific Islands Regional 

Administrator has by temporary 

specification published in the Federal 

Register modified or suspended the 

requirement to carry an observer in 

accordance with § 300.228. 

* * * * * 

■ 6. Add § 300.228 to read as follows: 

§ 300.228 Framework to implement 

emergency decisions. 

(a) General. To implement shortnotice Commission decisions, including 

intersessional decisions, that address 

relevant global or regional health, safety, 

and security concerns, as well as other 

international emergencies and crises, 

the Pacific Islands Regional 

Administrator may, by temporary 

specification, modify or suspend 

regulations in this subpart for a period 

less than one year. A temporary 

specification under this paragraph (a) 

will remain in effect no longer than 30 

days after the expiration of the 

underlying Commission decision. 

(b) Procedures for regulatory 

modifications or suspensions. The 

Pacific Islands Regional Administrator 

will publish in the Federal Register 

each temporary specification issued 

under paragraph (a) of this section. The 

temporary specification will identify the 

basis for the modification or suspension 

(i.e., a description of the Commission 

decision), the changes to the 

regulations, and the duration of the 

changes. 

(c) Procedures for revoking regulatory 

modifications or suspensions. The 

Pacific Islands Regional Administrator 

may revoke any temporary specification 

issued under paragraph (a) of this 

section by notification published in the 

Federal Register. 

(d) Limitations on regulatory 

modifications or suspensions. 

Temporary specifications issued under 

paragraph (a) of this section shall be 

limited to the following: 

(1) Modifications or suspensions of 

the purse seine observer coverage 

requirements at § 300.223(e), including 

the Pacific Islands Regional 

Administrator’s suspension of some or 

all of the requirements on a fleet-wide 

or individual vessel basis, requiring the 

carrying of observers other than WCPFC 

observers, requirements to carry 

electronic monitoring devices in lieu of 

observers, and requirements to collect 

and submit photographic or written 

information; 

(2) Modifications or suspensions of 

the regulations at § 300.216(b)(1) 

prohibiting at-sea transshipment for 

purse seine vessels, including 

suspensions of some or all of the 

prohibitions, prior notification to an 

address specified by the Pacific Islands 

Regional Administrator for an at-sea 

transshipment, and authority of the 

Pacific Islands Regional Administrator 

to suspend the prohibitions for 

particular transshipments; and 

(3) Modifications or suspensions of 

the regulations at §§ 300.215(d) and 

300.216(b)(2) regarding at-sea 

transshipment observer requirements, 

including suspensions of some or all of 

the requirements, the Pacific Islands 

Regional Administrator’s authorization 

to suspend some or all of the 

requirements for particular 

transshipments, requiring the carrying 

of observers other than WCPFC 

observers, requirements to carry 

electronic monitoring devices in lieu of 

observers, and requirements to collect 

and submit photographic or written 

information. 

[FR Doc. 2021–12258 Filed 6–10–21; 8:45 am] 

BILLING CODE 3510–22–P 


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