International Fisheries; Eastern Pacific Tuna Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Area of Overlap Between the Convention Areas of the Inter-American Tropical Tuna Commission and the Western and Central Pacific Fisheries Commission, 15428-15430 [2021-05679]
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15428
Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Rules and Regulations
List of Subjects in 50 CFR Part 11
4245, 4901–4916, 5201–5207, 5301–5306; 18
U.S.C. 42–43; 25 U.S.C. 3001–3013; and Sec.
107, Pub. L. 114–74, 129 Stat. 599, unless
otherwise noted.
I, title 50 of the Code of Federal
Regulations as set forth below.
Administrative practice and
procedure, Exports, Fish, Imports,
Penalties, Plants, Transportation,
Wildlife.
PART 11—CIVIL PROCEDURES
1. The authority citation for part 11
continues to read as follows:
2. Revise the table in § 11.33 to read
as follows:
■
Regulation Promulgation
For the reasons described above, we
amend part 11, subchapter B of chapter
■
Authority: 16 U.S.C. 470aa–470mm,
470aaa–470aaa–11, 668–668d, 1361–1384,
1401–1407, 1531–1544, 3371–3378, 4201–
§ 11.33
*
*
Adjustments to penalties.
*
*
*
Maximum civil
monetary
penalty
Law
Citation
Type of violation
(a) African Elephant Conservation Act .................
(b) Bald and Golden Eagle Protection Act ...........
(c) Endangered Species Act of 1973 ....................
16 U.S.C. 4224(b) ..........
16 U.S.C. 668(b) ............
16 U.S.C. 1540(a)(1) .....
(d) Lacey Act Amendments of 1981 .....................
16 U.S.C. 3373(a) ..........
(e) Marine Mammal Protection Act of 1972 ..........
(f) Recreational Hunting Safety Act of 1994 .........
16 U.S.C. 1375 ..............
16 U.S.C. 5202(b) ..........
$10,832
13,685
54,157
25,995
1,368
27,371
684
27,371
17,416
8,708
(g) Rhinoceros and Tiger Conservation Act of
1998.
(h) Wild Bird Conservation Act .............................
16 U.S.C. 5305a(b)(2) ...
Any violation ........................................................
Any violation ........................................................
(1) Knowing violation of section 1538 .................
(2) Other knowing violation .................................
(3) Any other violation .........................................
(1) Violations referred to in 16 U.S.C. 3373(a)(1)
(2) Violations referred to in 16 U.S.C. 3373(a)(2)
Any violation ........................................................
(1) Violation involving use of force or violence or
threatened use of force or violence.
(2) Any other violation .........................................
Any violation ........................................................
(1) Violation of section 4910(a)(1), section
4910(a)(2), or any permit issued under section 4911.
(2) Violation of section 4910(a)(3) .......................
(3) Any other violation .........................................
45,907
22,034
919
Shannon A. Estenoz,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks, Exercising the
Delegated Authority of the Assistant Secretary
for Fish and Wildlife and Parks.
[FR Doc. 2021–05779 Filed 3–22–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 210224–0030]
RIN 0648–BH59
International Fisheries; Eastern Pacific
Tuna Fisheries; Western and Central
Pacific Fisheries for Highly Migratory
Species; Area of Overlap Between the
Convention Areas of the InterAmerican Tropical Tuna Commission
and the Western and Central Pacific
Fisheries Commission
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; date of effectiveness
for collection-of-information
requirements.
AGENCY:
VerDate Sep<11>2014
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16 U.S.C. 4912(a)(1) .....
NMFS announces approval by
the Office of Management and Budget
(OMB) of revisions to collection-ofinformation requirements published in a
final rule on June 22, 2020 (June 2020
Final Rule). The June 2020 Final Rule
revised the management regime for U.S.
fishing vessels that target tunas and
other highly migratory species (HMS) in
the area of overlapping jurisdiction in
the Pacific Ocean between the InterAmerican Tropical Tuna Commission
(IATTC) and the Commission for the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(WCPFC) and revised the reporting and
recordkeeping requirements applicable
in that area. The June 2020 Final Rule
did not include an effective date for
those changes because OMB had not yet
approved the collection-of-information
revisions. This final rule announces
OMB approval of the revisions to the
collection-of-information requirements
under OMB Control Numbers 0648–
0649 and 0648–0218 and an effective
date for the revisions to reporting
requirements included in the June 2020
Final Rule.
19,053
Written comments
regarding the burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
this final rule may be submitted to
Michael D. Tosatto, Regional
Administrator, NMFS, Pacific Islands
Regional Office (PIRO), 1845 Wasp
Blvd., Building 176, Honolulu, HI 96818
and to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Emily Reynolds, NMFS PIRO, 808–725–
5039.
SUPPLEMENTARY INFORMATION: Under
authority of the Western and Central
Pacific Fisheries Convention
Implementation Act (WCPFC
Implementation Act; 16 U.S.C. 6901 et
seq.) and the Tuna Conventions Act (16
U.S.C. 951 et seq.), NMFS implemented
changes in management of the area of
overlapping jurisdiction between the
IATTC and the WCPFC (overlap area),
in accordance with WCPFC and IATTC
decisions regarding the overlap area
(June 2020 Final Rule).
SUMMARY:
ADDRESSES:
This final rule is effective March
23, 2021. The amendment in instruction
7 to 50 CFR 300.218, published at 85 FR
37376 (June 22, 2020), is effective on
March 23, 2021.
Background
The June 2020 Final Rule changes
management of the overlap area so that
all NMFS regulations implementing
DATES:
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Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Rules and Regulations
IATTC resolutions apply in the overlap
area and some regulations implementing
WCPFC decisions apply in the overlap
area. The June 2020 Final Rule revised
certain recordkeeping and reporting
requirements so that they no longer
apply in the overlap area. Specifically,
the transshipment reporting
requirements at 50 CFR 300.218(b) and
(d), the discard reporting requirements
at 50 CFR 300.218(e), the net sharing
reporting requirements at 50 CFR
300.218(f), the daily purse seine fishing
effort reports at 50 CFR 300.218(g), and
the whale shark reporting requirements
at 50 CFR 300.218(h) no longer apply in
the overlap area. A more detailed
description of these changes can be
found in the June 2020 Final Rule. The
June 2020 Final Rule was published in
the Federal Register on June 22, 2020
(85 FR 37376), and the associated
regulations are found at 50 CFR part
300. Other than the changes to the
collection-of-information requirements
at 50 CFR 300.218, the requirements of
the June 2020 Final Rule entered into
effect on July 22, 2020. On November
10, 2020, OMB approved the collectionof-information requirements contained
in the June 2020 Final Rule under OMB
Control Numbers 0648–0649 and 0648–
0218, which specified that certain
reporting and recordkeeping
requirements no longer apply in the
overlap area. Other existing collectionof-information requirements under OMB
Control Numbers 0648–0148, 0648–
0595, and 0648–0204 continue to apply
in the overlap area. Accordingly, this
final rule announces the approval and
effective date of the changes to the
reporting requirements found in the
regulations at 50 CFR 300.218(c), (d),
(e), (f), (g), and (h), and reflected in
OMB Control Numbers 0648–0649 and
0648–0218.
further exercise of agency discretion by
NMFS or OMB. Moreover, the public
has had prior notice and the
opportunity to comment on the
collection-of-information requirements.
NMFS published a proposed rule
including some of the changes to the
collection-of-information requirements
(84 FR 60040; November 7, 2019), with
comments accepted until November 22,
2019. No comments were received
relating to the changes to collection-ofinformation requirements. The June
2020 Final Rule (85 FR 37376; June 22,
2020) included additional changes to
the collection-of-information
requirements. As explained in the June
2020 Final Rule, the transshipment
reporting requirements at 50 CFR
300.218(b) and (d), the discard reporting
requirements at 50 CFR 300.218(e), the
net sharing reporting requirements at 50
CFR 300.218(f), the daily purse seine
fishing effort reports at 50 CFR
300.218(g), and the whale shark
reporting requirements at 50 CFR
300.218(h) no longer apply in the
overlap area. The whale shark reporting
requirements were described as no
longer applicable in the overlap area
under the proposed rule. However, the
other requirements listed are changes
from the proposed rule in response to
comments on the proposed rule. In
addition, the June 2020 Final Rule
indicated that this final rule would be
published to announce the effective date
for the reporting requirements upon
OMB approval of OMB Control
Numbers 0648–0649 and 0648–0218.
Because this rule relieves a restriction
by putting into effect changes to certain
reporting requirements so that they no
longer apply in the overlap area, it is not
subject to the 30-day delayed
effectiveness provision of the APA
pursuant to 5 U.S.C. 553(d)(1).
Classification
The Administrator, Pacific Islands
Region, NMFS, has determined that this
final rule is consistent with the WCPFC
Implementation Act, and other
applicable laws.
Executive Order 12866
The June 2020 Final Rule that
amended the requirements at 50 CFR
300.218 was determined to be not
significant for purposes of Executive
Order 12866. The June 2020 Final Rule
removed certain regulations from
application in the overlap area and
revised certain reporting requirements
so that they no longer apply in the
overlap area. This final rule makes
effective the revisions to reporting
requirements for which the effective
date was delayed in the June 2020 Final
Rule.
Administrative Procedure Act (APA)
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
opportunity for public comment for this
action because notice and comment
would be unnecessary and contrary to
the public interest. This action simply
provides notice of OMB’s approval of
the changes to the reporting
requirements, which were described in
the proposed rule (84 FR 60040;
November 7, 2019) and the June 2020
Final Rule (85 FR 37376; June 22, 2020).
Thus, this action does not involve any
VerDate Sep<11>2014
16:06 Mar 22, 2021
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Regulatory Flexibility Act
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
PO 00000
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15429
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable to this
particular action. However, we note
that, as described in the proposed rule
and the June 2020 Final Rule, an initial
regulatory flexibility analysis and final
regulatory flexibility analysis were
prepared and published for the
regulatory changes that would go into
effect with this final rule. Please see 84
FR 60040, published November 7, 2019
and 85 FR 37376, published June 22,
2020.
Paperwork Reduction Act
This final rule contains collection-ofinformation requirements, which are
subject to the Paperwork Reduction Act
(PRA), and which OMB approved under
OMB Control Numbers 0648–0649 and
0648–0218. Specifically, the purse seine
discard reporting requirements, purse
seine net sharing reporting
requirements, and purse seine daily
effort reports at 50 CFR 300.218 no
longer apply in the overlap area. The
transshipment reporting requirements
and transshipment notice requirements
at 50 CFR 300.218 no longer apply in
the overlap area to transshipment of fish
caught in the overlap area, but continue
to apply to fish caught in other parts of
the area of application of the
Convention on the Conservation of
Highly Migratory Species in the Western
and Central Pacific Ocean and
transshipped in the overlap area. The
purse seine whale shark encirclement
reporting requirements at 50 CFR
300.218 also no longer apply in the
overlap area, but similar reporting
requirements at 50 CFR 300.22 do
apply. Because this final rule makes
effective certain changes to reporting
and recordkeeping requirements so that
they no longer apply in the overlap area,
this final rule would not affect the
estimated public reporting burden of
these collections. Written comments
regarding the burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
this final rule may be submitted to
NMFS (see ADDRESSES) and to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection-of-information subject
to the requirements of the PRA, unless
that collection-of-information displays a
currently valid OMB control number.
All currently approved NOAA
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Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Rules and Regulations
collections of information may be
viewed at https://www.cio.noaa.gov/
services_programs/prasubs.html.
Authority: 16 U.S.C. 6901 et seq.
Dated: March 15, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–05679 Filed 3–22–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140818679–5356–02]
RTID 0648–XA942
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; 2021
Red Snapper Recreational For-Hire
Fishing Season in the Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces the 2021
recreational fishing season for the
Federal charter vessel/headboat (forhire) component for red snapper in the
exclusive economic zone (EEZ) of the
Gulf of Mexico (Gulf) through this
temporary rule. The red snapper
recreational for-hire component in the
Gulf EEZ opens on June 1, 2021, and
will close at 12:01 a.m., local time, on
August 3, 2021. This closure is
necessary to prevent the Federal for-hire
component from exceeding its quota
and to prevent overfishing of the Gulf
red snapper resource.
DATES: The closure is effective at 12:01
a.m., local time, on August 3, 2021,
until 12:01 a.m., local time, on January
1, 2022.
FOR FURTHER INFORMATION CONTACT:
Daniel Luers, NMFS Southeast Regional
Office, telephone: 727–551–5719, email:
daniel.luers@noaa.gov.
SUMMARY:
VerDate Sep<11>2014
16:06 Mar 22, 2021
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The Gulf
reef fish fishery, which includes red
snapper, is managed under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP).
The FMP was prepared by the Gulf of
Mexico Fishery Management Council
and is implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The final rule implementing
Amendment 40 to the FMP established
two components within the recreational
sector fishing for Gulf red snapper: The
private angling component, and the
Federal for-hire component (80 FR
22422, April 22, 2015). Amendment 40
also allocated the red snapper
recreational ACL (recreational quota)
between the components and
established separate seasonal closures
for the two components. The Federal
for-hire component’s red snapper
annual catch target (ACT) is 9 percent
below the for-hire component quota (85
FR 9684, February 20, 2020; 50 CFR
622.41(q)(2)(iii)(B)).
The red snapper for-hire component
seasonal closure is projected from the
component ACT. Projecting the for-hire
component’s seasonal closure using the
ACT reduces the likelihood of the
harvest exceeding the component quota
and the total recreational quota.
All weights described in this
temporary rule are in round weight.
The Federal for-hire component 2021
ACT for red snapper in the Gulf EEZ is
2.848 million lb (1.292 million kg) (50
CFR 622.41(q)(2)(iii)(B)).
The 2021 Federal Gulf red snapper
for-hire fishing season has been
determined to be 63 days based on
NMFS’ projection of the date landings
are expected to reach the component
ACT. For details about the calculation of
the projection for 2021, see https://
www.fisheries.noaa.gov/southeast/
sustainable-fisheries/gulf-mexicorecreational-red-snapper-management.
Therefore, the 2021 recreational season
for the Federal for-hire component will
begin at 12:01 a.m., local time, on June
1, 2021, and close at 12:01 a.m., local
time, on August 3, 2021.
On and after the effective date of the
Federal for-hire component closure, the
SUPPLEMENTARY INFORMATION:
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bag and possession limits for red
snapper for Federal for-hire vessels are
zero. When the Federal for-hire
component is closed, these bag and
possession limits apply in the Gulf on
board a vessel for which a valid Federal
for-hire permit for Gulf reef fish has
been issued, without regard to where
such species were harvested, i.e., in
state or Federal waters. In addition, a
person aboard a vessel that has been
issued a charter vessel/headboat permit
for Gulf reef fish any time during the
fishing year may not harvest or possess
red snapper in or from the Gulf EEZ
when the Federal charter vessel/
headboat component is closed.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is taken under 50 CFR
622.41(q)(2)(i) and (ii), which was
issued pursuant to section 304(b) of the
Magnuson-Stevens Act, and is exempt
from review under Executive Order
12866., and other applicable laws.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment is
unnecessary and contrary to the public
interest.
Such procedures are unnecessary
because the rule implementing the
recreational red snapper quotas and
ACTs, and the rule implementing the
requirement to close the for-hire
component when its ACT is projected to
be reached have already been subject to
notice and comment, and all that
remains is to notify the public of the
closure. Such procedures are contrary to
the public interest because many forhire operations book trips for clients in
advance and require as much notice as
NMFS is able to provide to adjust their
business plans to account for the fishing
season.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 18, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–05971 Filed 3–22–21; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Rules and Regulations]
[Pages 15428-15430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05679]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 210224-0030]
RIN 0648-BH59
International Fisheries; Eastern Pacific Tuna Fisheries; Western
and Central Pacific Fisheries for Highly Migratory Species; Area of
Overlap Between the Convention Areas of the Inter-American Tropical
Tuna Commission and the Western and Central Pacific Fisheries
Commission
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; date of effectiveness for collection-of-information
requirements.
-----------------------------------------------------------------------
SUMMARY: NMFS announces approval by the Office of Management and Budget
(OMB) of revisions to collection-of-information requirements published
in a final rule on June 22, 2020 (June 2020 Final Rule). The June 2020
Final Rule revised the management regime for U.S. fishing vessels that
target tunas and other highly migratory species (HMS) in the area of
overlapping jurisdiction in the Pacific Ocean between the Inter-
American Tropical Tuna Commission (IATTC) and the Commission for the
Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean (WCPFC) and revised the reporting and
recordkeeping requirements applicable in that area. The June 2020 Final
Rule did not include an effective date for those changes because OMB
had not yet approved the collection-of-information revisions. This
final rule announces OMB approval of the revisions to the collection-
of-information requirements under OMB Control Numbers 0648-0649 and
0648-0218 and an effective date for the revisions to reporting
requirements included in the June 2020 Final Rule.
DATES: This final rule is effective March 23, 2021. The amendment in
instruction 7 to 50 CFR 300.218, published at 85 FR 37376 (June 22,
2020), is effective on March 23, 2021.
ADDRESSES: Written comments regarding the burden-hour estimates or
other aspects of the collection-of-information requirements contained
in this final rule may be submitted to Michael D. Tosatto, Regional
Administrator, NMFS, Pacific Islands Regional Office (PIRO), 1845 Wasp
Blvd., Building 176, Honolulu, HI 96818 and to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
FOR FURTHER INFORMATION CONTACT: Emily Reynolds, NMFS PIRO, 808-725-
5039.
SUPPLEMENTARY INFORMATION: Under authority of the Western and Central
Pacific Fisheries Convention Implementation Act (WCPFC Implementation
Act; 16 U.S.C. 6901 et seq.) and the Tuna Conventions Act (16 U.S.C.
951 et seq.), NMFS implemented changes in management of the area of
overlapping jurisdiction between the IATTC and the WCPFC (overlap
area), in accordance with WCPFC and IATTC decisions regarding the
overlap area (June 2020 Final Rule).
Background
The June 2020 Final Rule changes management of the overlap area so
that all NMFS regulations implementing
[[Page 15429]]
IATTC resolutions apply in the overlap area and some regulations
implementing WCPFC decisions apply in the overlap area. The June 2020
Final Rule revised certain recordkeeping and reporting requirements so
that they no longer apply in the overlap area. Specifically, the
transshipment reporting requirements at 50 CFR 300.218(b) and (d), the
discard reporting requirements at 50 CFR 300.218(e), the net sharing
reporting requirements at 50 CFR 300.218(f), the daily purse seine
fishing effort reports at 50 CFR 300.218(g), and the whale shark
reporting requirements at 50 CFR 300.218(h) no longer apply in the
overlap area. A more detailed description of these changes can be found
in the June 2020 Final Rule. The June 2020 Final Rule was published in
the Federal Register on June 22, 2020 (85 FR 37376), and the associated
regulations are found at 50 CFR part 300. Other than the changes to the
collection-of-information requirements at 50 CFR 300.218, the
requirements of the June 2020 Final Rule entered into effect on July
22, 2020. On November 10, 2020, OMB approved the collection-of-
information requirements contained in the June 2020 Final Rule under
OMB Control Numbers 0648-0649 and 0648-0218, which specified that
certain reporting and recordkeeping requirements no longer apply in the
overlap area. Other existing collection-of-information requirements
under OMB Control Numbers 0648-0148, 0648-0595, and 0648-0204 continue
to apply in the overlap area. Accordingly, this final rule announces
the approval and effective date of the changes to the reporting
requirements found in the regulations at 50 CFR 300.218(c), (d), (e),
(f), (g), and (h), and reflected in OMB Control Numbers 0648-0649 and
0648-0218.
Classification
The Administrator, Pacific Islands Region, NMFS, has determined
that this final rule is consistent with the WCPFC Implementation Act,
and other applicable laws.
Administrative Procedure Act (APA)
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and opportunity for public comment for this action because
notice and comment would be unnecessary and contrary to the public
interest. This action simply provides notice of OMB's approval of the
changes to the reporting requirements, which were described in the
proposed rule (84 FR 60040; November 7, 2019) and the June 2020 Final
Rule (85 FR 37376; June 22, 2020). Thus, this action does not involve
any further exercise of agency discretion by NMFS or OMB. Moreover, the
public has had prior notice and the opportunity to comment on the
collection-of-information requirements. NMFS published a proposed rule
including some of the changes to the collection-of-information
requirements (84 FR 60040; November 7, 2019), with comments accepted
until November 22, 2019. No comments were received relating to the
changes to collection-of-information requirements. The June 2020 Final
Rule (85 FR 37376; June 22, 2020) included additional changes to the
collection-of-information requirements. As explained in the June 2020
Final Rule, the transshipment reporting requirements at 50 CFR
300.218(b) and (d), the discard reporting requirements at 50 CFR
300.218(e), the net sharing reporting requirements at 50 CFR
300.218(f), the daily purse seine fishing effort reports at 50 CFR
300.218(g), and the whale shark reporting requirements at 50 CFR
300.218(h) no longer apply in the overlap area. The whale shark
reporting requirements were described as no longer applicable in the
overlap area under the proposed rule. However, the other requirements
listed are changes from the proposed rule in response to comments on
the proposed rule. In addition, the June 2020 Final Rule indicated that
this final rule would be published to announce the effective date for
the reporting requirements upon OMB approval of OMB Control Numbers
0648-0649 and 0648-0218.
Because this rule relieves a restriction by putting into effect
changes to certain reporting requirements so that they no longer apply
in the overlap area, it is not subject to the 30-day delayed
effectiveness provision of the APA pursuant to 5 U.S.C. 553(d)(1).
Executive Order 12866
The June 2020 Final Rule that amended the requirements at 50 CFR
300.218 was determined to be not significant for purposes of Executive
Order 12866. The June 2020 Final Rule removed certain regulations from
application in the overlap area and revised certain reporting
requirements so that they no longer apply in the overlap area. This
final rule makes effective the revisions to reporting requirements for
which the effective date was delayed in the June 2020 Final Rule.
Regulatory Flexibility Act
Because prior notice and opportunity for public comment are not
required for this 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 to this particular action. However, we note
that, as described in the proposed rule and the June 2020 Final Rule,
an initial regulatory flexibility analysis and final regulatory
flexibility analysis were prepared and published for the regulatory
changes that would go into effect with this final rule. Please see 84
FR 60040, published November 7, 2019 and 85 FR 37376, published June
22, 2020.
Paperwork Reduction Act
This final rule contains collection-of-information requirements,
which are subject to the Paperwork Reduction Act (PRA), and which OMB
approved under OMB Control Numbers 0648-0649 and 0648-0218.
Specifically, the purse seine discard reporting requirements, purse
seine net sharing reporting requirements, and purse seine daily effort
reports at 50 CFR 300.218 no longer apply in the overlap area. The
transshipment reporting requirements and transshipment notice
requirements at 50 CFR 300.218 no longer apply in the overlap area to
transshipment of fish caught in the overlap area, but continue to apply
to fish caught in other parts of the area of application of the
Convention on the Conservation of Highly Migratory Species in the
Western and Central Pacific Ocean and transshipped in the overlap area.
The purse seine whale shark encirclement reporting requirements at 50
CFR 300.218 also no longer apply in the overlap area, but similar
reporting requirements at 50 CFR 300.22 do apply. Because this final
rule makes effective certain changes to reporting and recordkeeping
requirements so that they no longer apply in the overlap area, this
final rule would not affect the estimated public reporting burden of
these collections. Written comments regarding the burden-hour estimates
or other aspects of the collection-of-information requirements
contained in this final rule may be submitted to NMFS (see ADDRESSES)
and to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection-of-information subject to the
requirements of the PRA, unless that collection-of-information displays
a currently valid OMB control number. All currently approved NOAA
[[Page 15430]]
collections of information may be viewed at https://www.cio.noaa.gov/services_programs/prasubs.html.
Authority: 16 U.S.C. 6901 et seq.
Dated: March 15, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-05679 Filed 3-22-21; 8:45 am]
BILLING CODE 3510-22-P
