[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Rules and Regulations]
[Pages 31178-31181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12258]


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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.

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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 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: 
    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:
    <bullet> 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.
    <bullet> 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 long-term 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 Non-members, 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

[[Page 31179]]

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.
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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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    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 short-
notice 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 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.
    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 at-sea 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 at-sea 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

[[Page 31180]]

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:
    <bullet> 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;
    <bullet> 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
    <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 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

0
1. The authority citation for 50 CFR part 300, subpart O, continues to 
read as follows:

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


0
2. In Sec.  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:


Sec.  300.215  Observers.

* * * * *
    (d) * * *
    (1) * * *
    (iii) The transshipment is an emergency, as specified under Sec.  
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 Sec.  300.228.
    (2) * * *
    (vi) The transshipment is an emergency, as specified under Sec.  
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 Sec.  300.228.
* * * * *

0
3. In Sec.  300.216, add paragraph (b)(1)(iii) and revise paragraph 
(b)(2) introductory text to read as follows:


Sec.  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 Sec.  
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 Sec.  300.228; the 
transshipment takes place entirely

[[Page 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.
* * * * *

0
4. In Sec.  300.222, add paragraph (yy) to read as follows:


Sec.  300.222  Prohibitions.

* * * * *
    (yy) Fail to comply with the requirements of any temporary 
specification issued under Sec.  300.228.

0
5. In Sec.  300.223, revise paragraphs (e)(1) introductory text and 
(e)(1)(ii) and add paragraph (e)(1)(iii) to read as follows:


Sec.  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[deg] N latitude and 20[deg] 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 Sec.  300.228.
* * * * *

0
6. Add Sec.  300.228 to read as follows:


Sec.  300.228  Framework to implement emergency decisions.

    (a) General. To implement short-notice 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 Sec.  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 Sec.  
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 Sec. Sec.  
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]
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