International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Requirements To Safeguard Fishery Observers, 35653-35659 [2021-14256]
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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
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32. Amend § 391.64 by revising the
section heading to read as follows:
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§ 391.64 Grandfathering for certain drivers
who participated in a vision waiver study
program.
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Issued under authority delegated in 49 CFR
1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021–13888 Filed 7–6–21; 8:45 am]
BILLING CODE 4910–EX–C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
SUPPLEMENTARY INFORMATION:
50 CFR Part 300
Background
[Docket No. 210629–0138]
On October 20, 2020, NMFS
published a proposed rule in the
Federal Register (85 FR 66513)
proposing to establish requirements to
safeguard fishery observers and to
establish pre-trip notification
procedures for observer placement. The
30-day public comment period for the
proposed rule closed on November 19,
2020.
The final rule is issued under the
authority of the WCPFC Implementation
Act (16 U.S.C. 6901 et seq.), which
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 (currently 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 for the Conservation and
Management of Highly Migratory Fish
Stocks in the Western and Central
Pacific Ocean (WCPFC or 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
RIN 0648–BG66
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Requirements To
Safeguard Fishery Observers
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
Under authority of the
Western and Central Pacific Fisheries
Convention Implementation Act
(WCPFC Implementation Act), NMFS
issues this final rule establishing
requirements to safeguard fishery
observers and establishing pre-trip
notification procedures for observer
placement. This action is necessary to
satisfy the obligations of the United
States under the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Convention), to which it is a
Contracting Party.
DATES: This rule is effective on August
6, 2021.
ADDRESSES: Copies of supporting
documents prepared for this final rule,
including the regulatory impact review
(RIR), as well as the proposed rule (85
FR 66513; October 20, 2020), are
available via the Federal e-rulemaking
Portal, at www.regulations.gov (search
for Docket ID NOAA–NMFS–2020–
0125). Those documents are also
available from NMFS at the following
address: Michael D. Tosatto, Regional
Administrator, NMFS, Pacific Islands
Regional Office (PIRO), 1845 Wasp
SUMMARY:
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Blvd., Building 176, Honolulu, HI
96818.
A final regulatory flexibility analysis
(FRFA) prepared under authority of the
Regulatory Flexibility Act is included in
the Classification section of the
SUPPLEMENTARY INFORMATION section of
this document.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this rule may
be submitted to PIRO at the address
listed above, by email to OIRA_
Submission@omb.eop.gov, or by fax to
(202) 395–5806.
FOR FURTHER INFORMATION CONTACT:
Valerie Post, NMFS PIRO, 808–725–
5034.
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the WCPFC website at: www.wcpfc.int/
doc/convention-area-map.
This final rule implements specific
provisions of Conservation and
Management Measure (CMM) 2017–03,
‘‘Conservation and Management
Measure for WCPFC Regional
Programme Observers,’’ as well as
establishes pre-trip notification
procedures for observer placement. The
preamble to the proposed rule provides
background information, including
information on the Convention and the
Commission, the provisions that are
being implemented in this rule, and the
basis for the regulations, which is not
repeated here.
The Action
The specific elements of the final rule
are detailed below.
1. Observer Safety Requirements
This final rule implements specific
requirements for vessel owners and
operators to help ensure the safety of
WCPFC observers.1 CMM 2017–03
describes requirements for vessel
owners and operators specifically
related to vessel operations, notification,
search and rescue procedures, and
investigations in the event of death,
injury, serious illness, missing
overboard, or harassment of a WCPFC
observer.
NMFS is not promulgating additional
regulations in the event of death, loss or
serious injury as they would be
duplicative of U.S. Coast Guard
regulations on marine casualties and
investigations at 46 CFR part 4.
Under the final rule, vessel owners
and operators are required to notify the
designated authorities as specified by
the Regional Administrator at https://
www.fisheries.noaa.gov/pacific-islands/
commercial-fishing/western-andcentral-pacific-longline-and-purseseine-vessels in the event of serious
illness, assault, intimidation, threats,
interference, or harassment of a WCPFC
observer. NMFS has created a website
that provides specific contact
information of the designated
authorities, including emails and phone
numbers. At this time, NMFS has
identified the observer provider and
NOAA Office of Law Enforcement
Pacific Islands Division Duty Officer as
contacts in the event of serious assault,
1 A WCPFC observer is 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 (ROP), 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 ROP (see 50 CFR 300.211).
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intimidation, threats, interference or
harassment of a WCPFC observer, and
the NOAA Office of Law Enforcement in
the event of serious illness. Any changes
or updates to these contacts will be
posted on the website. Owners and
operators are required to immediately
notify the contacts of the situation and
the status and location of the observer.
NMFS does not maintain a 24-hour
hotline to handle search and rescue or
urgent law enforcement response. Thus,
in emergency situations that need an
immediate response, vessel owners and
operators are encouraged to contact the
nearest U.S. Coast Guard Rescue
Coordination Center (RCC) that can help
coordinate with the closest Search and
Rescue (SAR) facility in the area of the
vessel: https://www.dco.uscg.mil/OurOrganization/Assistant-Commandantfor-Response-Policy-CG-5R/Office-ofIncident-Management-Preparedness-CG5RI/US-Coast-Guard-Office-of-Searchand-Rescue-CG-SAR/RCC-Numbers/.
In addition, under the final rule, the
vessel owner or operator would be
required to follow certain procedures in
the event of serious illness, assault,
intimidation, threats, interference or
harassment of a WCPFC observer. The
rule would require that, in these cases,
the owner or operator of the fishing
vessel must: (1) Immediately cease
fishing operations; (2) take all
reasonable actions to care for the
observer and provide any medical
treatment available and possible on
board the vessel; (3) where directed by
the observer provider, if not already
directed by the appropriate U.S.
Government contact, facilitate the
disembarkation and transport of the
observer to a medical facility equipped
to provide the required care, as soon as
practicable; and (4) cooperate fully in
any official investigations into the cause
of the illness or incident.
As stated above, the final rule
specifies that the owner or operator of
the fishing vessel must ‘‘immediately
cease fishing operations’’ in the event of
serious illness, assault, intimidation,
threats, interference or harassment of a
WCPFC observer. NMFS anticipates that
there may be circumstances where
‘‘immediately cease’’ could allow for
gear to be retrieved and NMFS does not
encourage abandoning fishing gear.
Although the owner or operator of a
vessel is required to immediately cease
fishing operations, this rule would not
prohibit reasonable steps to recover gear
and catch, if appropriate under the
circumstances.
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2. Pre-Trip Notification Procedures for
Vessels Requiring a WCPFC Observer
To facilitate the placement of WCPFC
observers on U.S. purse seine vessels
when departing from American Samoa,
this final rule requires U.S. purse seine
vessel owners and operators to submit
notifications to NMFS at least five
business days before expected
departure. The notification must
include the name of the vessel, name of
the operator of the vessel, telephone
number or email at which the owner or
operator may be contacted, and
intended departure date.
As stated in the preamble to the
proposed rule, after reviewing the
current administrative process for
observer placements, NMFS believes
such notifications are needed to
facilitate observer placement for trips
departing from American Samoa.
NMFS notes that a variety of factors
may influence a vessel’s departure date,
including the availability of an observer.
Pursuant to the South Pacific Tuna
Treaty (SPTT) and through a separate
contractual agreement between the
American Tunaboat Association (ATA)
and the Pacific Islands Forum Fisheries
Agency (FFA), U.S. purse seine vessels
carry observers deployed by the FFA
Observer Program. FFA observers are
authorized WCPFC observers and are
nationals of Pacific Island countries.
Currently, NMFS coordinates with FFA
and places WCPFC observers on U.S.
purse seine vessels departing from
American Samoa. As such, NMFS
cannot guarantee that an observer will
be placed within five business days of
a request. Similarly, an observer may be
placed earlier than five business days
from intended departure (e.g., an
observer on board the vessel decides to
continue on board for another trip), in
which case the vessel may leave port
earlier than the intended departure date
specified in the notification. NMFS is
clarifying in this final rule that the
departure date submitted in the
notification is the vessel owner or
operator’s intended departure date and
not necessarily the date the vessel
actually leaves port.
In the proposed rule, NMFS also
proposed a pre-trip notification
requirement of five business days prior
to expected departure for vessels
requesting a cross-endorsed observer.2
This requirement would have applied to
vessels of any gear type requesting a
2 A cross-endorsed observer is an observer that is
‘‘cross-endorsed’’ pursuant to a Memorandum of
Cooperation between the Commission and the InterAmerican Tropical Tuna Commission (IATTC) that
specifies a process to allow the observer to meet the
observer requirements of both organizations.
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cross-endorsed observer though to-date
only U.S. purse seine vessels have used
cross-endorsed observers. NMFS has
reviewed its existing processes for crossendorsed observer requests, including a
pre-trip notification requirement of at
least five days prior to vessel departure
at 50 CFR 216.24(b)(8)(iv)(A) for
requests for cross-endorsed observers in
the eastern Pacific Ocean (EPO), which
became effective on September 18, 2020
(85 FR 58297; September 18, 2020). As
the requirements for the EPO for
requesting a cross-endorsed observer
also apply to those purse seine vessels
in the WCPO requesting a crossendorsed observer, NMFS has decided
not to implement the cross-endorsed
observer notification requirements
specified in the proposed rule.
Public Comments and Responses
NMFS received two comment letters
on the proposed rule. Below, NMFS
summarizes the matters raised in each
of the individual comment letters,
grouping similar comments together,
and provides a response to each of these
matters.
Comment 1: One commenter provided
a general statement of support for the
proposed rule so that observers would
be protected when carrying out their
duties. Another commenter provided a
statement of support for NMFS to
implement CMM 2017–03 and to protect
observer health and safety.
Response: NMFS acknowledges the
comments.
Comment 2: One commenter noted
that CMM 2017–03 and the proposed
regulatory language outline
requirements for vessel owners or
operators to follow in the event that an
observer is seriously ill and
requirements for vessel owners and
operators to follow in the event of
assault, intimidation, threats or
harassment, but that the proposed rule’s
preamble erroneously characterized the
requirements as being the same for the
two types of events. The commenter
requested that the final rule correct this
misstatement and clarify that the
regulatory language of the proposed rule
and the provisions of CMM 2017–03 are
what NMFS is promulgating.
Response: NMFS agrees that CMM
2017–03 describes specific requirements
in the event that an observer is seriously
ill and specific requirements in the
event that an observer has been
assaulted, intimidated, threatened or
harassed. Although NMFS described the
processes as similar in the proposed
rule’s preamble, the proposed regulatory
text clearly differentiated between the
events, in accordance with the language
in CMM 2017–03. NMFS clarifies here
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that in the event of serious illness, the
owner and operator of the fishing vessel
must: (1) Immediately cease fishing
operations, (2) take all reasonable action
to care for the observer and provide any
medical treatment available and
possible aboard the vessel; (3) where
directed by the observer provider, if not
already directed by the appropriate U.S.
Government contact, facilitate the
disembarkation and transport of the
observer to a medical facility equipped
to provide the required care, as soon as
practicable, and (4) cooperate fully in
any official investigation as to the cause
of the illness. Additionally, in the event
that an observer has been assaulted,
intimidated, threatened or harassed, the
owner and operator of the fishing vessel
must: (1) Immediately take action to
preserve the safety of the observer and
mitigate and resolve the situation on
board; (2) if the observer or the observer
provider indicate that they wish to be
removed from the vessel, facilitate the
safe disembarkation of the observer in a
manner and place, as agreed by the
observer provider and a U.S.
Government contact, that facilitates
access to any needed medical treatment;
and (3) cooperate fully in any official
investigations into the incident.
Comment 3: One commenter
requested that NMFS clarify that the
observer safety protocols applicable to
where an observer has been assaulted,
intimidated, threatened, or harassed are
triggered only where the vessel owner or
operator either: (1) Has firsthand
knowledge that the observer was
assaulted, intimidated, threatened, or
harassed (i.e., saw or overhead the
problem); or (2) where the vessel owner
or operator has been presented with
objective evidence from the observer or
others clearly showing that the observer
has been assaulted, intimidated,
threatened, or harassed. The commenter
stated that a response to mere
allegations of harassment could result in
costly ramifications if they are
unjustified. The commenter noted that
the proposed rule calculated the
potential foregone opportunity for purse
seine vessels as high as the revenue
from a trip at $1.4 million dollars, and
asserted that the costs were
disproportionate compared to other
fisheries being regulated under the same
rule. The commenter stated that these
clarifications are necessary to ensure
that vessel owners and operators are
afforded appropriate due process
protections and that compliance costs
and penalties are fairly applied. The
commenter stated that without
amendment or clarification by NMFS,
the proposed rule could subject vessel
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owners or operators to penalties for not
immediately knowing that one of the
conditions triggering a set of duties has
occurred. Although the commenter
stated that NMFS would likely not
impose penalties for not taking quick
enough action where delay primarily
was attributable to neither the vessel
owner nor operator knowing about the
observer’s illness or other issues, the
commenter requested that NMFS clarify
that the respective duties to act are
triggered when either the vessel owner
or operator knows of the observer’s
condition triggering the duties.
Response: CMM 2017–03 does not
qualify that these protocols are only
triggered if vessel owners and operators
have firsthand knowledge or have an
evidentiary standard. Moreover, as
discussed in the RIR, NMFS projects
that these incidents will occur
infrequently. Thus, NMFS does not
believe it appropriate to limit the
protocols accordingly.
Under the regulations at 50 CFR
300.43(a)(3), purse seine vessels
operating under the SPTT, which
includes most purse seine vessels
fishing within the Convention Area, are
required to disembark observers at the
point and time notified by the FFA to
the U.S. Government. This requirement
is already in place and is not limited to
observer safety-related events. NMFS
also notes that similar observer safety
protocol requirements to this rule are
also already in place for vessels
operating in the EPO under regulations
at 50 CFR 300.29 so vessels operating in
the EPO are already subject to them.
The intent of this rulemaking is
protect observer safety and not
necessarily to pre-judge the outcome of
any investigation. NMFS disagrees with
the statement that the proposed text
does not afford due process protections.
The rule will encourage owners and
operators of U.S. purse seine vessels to
take affirmative steps to train their
crews and to prevent acts of harassment
against observers. Under CMM 2017–03,
the United States has the responsibility
under the CMM to investigate any
alleged incidents.
Moreover, NMFS believes the rule
would not have disproportionate effects
on purse seine vessels, but rather would
affect all vessels equally in proportion
to their individual trip costs.
Comment 4: One commenter stated
that they opposed the proposed change
to require purse seine vessels to provide
pre-trip notifications and requests for
observers because the scope of the
requirement is not clear. The
commenter stated that the preamble
described reasons for the need for pretrip notification for trips departing from
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35655
American Samoa, but did not feel that
the preamble identified specific
shortcomings or deficiencies to the
current process that justified the new
requirement. The commenter noted that
purse seine vessels cannot depart unless
an observer is onboard, and did not feel
there was sufficient explanation as to
why the pre-trip notification
requirement applies to when requesting
a cross-endorsed observer and when
departing from ports other than
American Samoa. The commenter stated
that they believed that the pre-trip
notification requirement of five business
days prior to trip departure would
restrict operational flexibility and
would result in larger costs to purse
seine vessels than what are described in
the proposed rule. The commenter
requested that the pre-trip notification
period be shortened to 48 hours if
NMFS believes there is a real need for
the requirement. Finally, the commenter
requested confirmation that the pre-trip
notification requirement does not apply
to owners and operators of purse seine
vessels picking up observers at ports
other than American Samoa if they are
not seeking a cross-endorsed observer.
Response: NMFS confirms that the
pre-trip notification requirements apply
to purse seine vessels requesting a
WCPFC observer and departing from
American Samoa and the requirements
do not apply to vessels picking up
observers at ports other than American
Samoa. As discussed above, NMFS has
also re-evaluated the need for pre-trip
notification for vessels requesting
placement of a cross-endorsed observer
regardless of port of departure, and
decided not to implement this
requirement in this final rule because a
similar requirement for cross-endorsed
observer requests has already been
implemented at 50 CFR 216.24(a)(8)(iv).
NMFS continues to believe that the
notification prior to a trip is necessary
for purse seine trips departing from
American Samoa and requesting a
WCPFC observer.
NMFS facilitates entry into American
Samoa for WCPFC observers being
placed on purse seine vessels. If
adequate pre-trip notification is not
given, entry into American Samoa may
be delayed and this could delay
placement of the observer and therefore
vessel departure. As the placement of
WCPFC observers on purse seine vessels
is provided currently by FFA, vessel
owners and operators have an incentive
to ensure that adequate notice is given
to ensure that observers can travel to the
port of departure. Given that these
observers are nationals from other
countries, NMFS assists with obtaining
the necessary entry permits into
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American Samoa. NMFS commits
significant resources facilitating the
deployment of these observers in Pago
Pago. The requirements in this final rule
formalize an informal process that is
already in place.
As stated above, this rule does not
guarantee that a WCPFC observer will
be placed on board a purse seine vessel
within five business days of a
notification being submitted. Similarly,
as the commenter noted there may be
circumstances in which a WCPFC
observer is already in American Samoa
and fewer than five days may be needed
for an observer to be placed on a purse
seine vessel in those circumstances.
NMFS acknowledges that there may be
times where observer placement could
occur more quickly. In this final rule
NMFS has changed the regulatory text
so that the date that must be provided
in the notification is the intended date
and not necessarily the date the vessel
leaves port.
NMFS does not believe that the pretrip notification requirement would
restrict operational flexibility for purse
seine vessels.
Changes From the Proposed Rule
This final rule includes four changes
to the regulatory text from the proposed
rule. NMFS has removed the regulatory
text requiring pre-trip notification
requests for cross-endorsed observers, as
well as the definition of WCPFC–IATTC
cross-endorsed observer associated with
that requirement. NMFS has also
changed the timing of the pre-trip
notification requirement at 50 CFR
300.215(d)(2) for purse seine vessels
departing from American Samoa such
that the notification must be submitted
at least five business days before the
vessel owner’s or operator’s intended
departure date rather than the actual
departure date. NMFS has made
editorial changes to correctly spell the
WCPFC Regional Observer Programme
in 50 CFR 300.215(f). NMFS also added
paragraph (aaa) in 50 CFR 300.222
prohibiting the failure to provide pretrip notification.
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Classification
The Administrator, Pacific Islands
Region, NMFS, has determined that this
final rule is consistent with the WCPFC
Implementation Act and other
applicable laws.
Coastal Zone Management Act (CZMA)
NMFS determined that this action is
consistent to the maximum extent
practicable with the enforceable policies
of the approved coastal management
program of American Samoa, the
Commonwealth of the Northern Mariana
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Islands (CNMI), Guam, and the State of
Hawaii. NMFS submitted
determinations to Hawaii and each of
the Territories on March 16, 2020, for
review by the responsible state and
territorial agencies under section 307 of
the CZMA. Hawaii replied by letter
dated March 19, 2020, stating that,
because the proposed rule is outside of
the jurisdiction of the Hawaii Coastal
Zone Management Program’s
enforceable policies, it would not be
responding to the consistency
determination. The CNMI replied by
letter dated May 12, 2020, stating that
based on the information provided, it
has determined that the action will be
undertaken in a manner that is
consistent to the maximum extent
practicable with the enforceable policies
of the CNMI’s coastal management
program. Guam replied by letter dated
May 27, 2020, stating that based on the
information provided, it has determined
that the action will be consistent with
the enforceable policies of Guam’s
Coastal Management Program. No
response was received from American
Samoa, and thus, concurrence with the
respective consistency determinations is
presumed (15 CFR 930.41).
Executive Order 12866
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Regulatory Flexibility Act (RFA)
A final regulatory flexibility analysis
(FRFA) was prepared, as required by
section 604 of the RFA. The FRFA
incorporates the initial regulatory
flexibility analysis (IRFA) prepared for
the proposed rule. The analysis in the
IRFA is not repeated here in its entirety.
A description of the action, why it is
being considered, and the legal basis for
this action are contained in the SUMMARY
section and this SUPPLEMENTARY
INFORMATION section of the preamble of
this final rule. The FRFA analysis
follows: Significant Issues Raised by
Public Comments in Response to the
IRFA
See comment three and response by
NMFS above for matters raised
regarding the IRFA, which pertains to
potential disproportionate burden for
purse seine vessels.
Description of Small Entities to Which
the Rule Will Apply
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (50 CFR 200.2). A
business primarily engaged in
commercial fishing (NAICS code
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114111) is classified as a small business
if it is independently owned and
operated, is not dominant in its field of
operation (including its affiliates), and
has combined annual receipts not in
excess of $11 million for all its affiliated
operations worldwide.
This final rule would apply to owners
and operators of U.S. commercial
fishing vessels that fish for highly
migratory species (HMS) in the
Convention Area that: (1) Carry a
WCPFC Observer or (2) purse seine for
HMS in the Convention Area. This
includes vessels in the purse seine,
longline, and albacore troll fleets. The
estimated number of affected fishing
vessels is as follows based on the
number of vessels on the WCPFC
Record of Fishing Vessels as of March
2, 2021: 20 Purse seine vessels, 154
longline vessels, and 27 albacore troll
vessels. Thus, the total estimated
number of commercial fishing vessels
that would be subject to the rule is 201.
The purse seine vessels operating in the
Convention Area generally land in
American Samoa and other ports in
Pacific Islands, the longline vessels
operating in the Convention Area
generally land in American Samoa and
Hawaii, and the albacore troll vessels
operating in the Convention Area
generally land their catch in California,
Oregon, Washington, or Canada.
Based on (limited) financial
information about the affected fishing
fleets, and using individual vessels as
proxies for individual businesses,
NMFS believes that all the affected fish
harvesting businesses in all the fleets,
except the purse seine fleet, are small
entities as defined by the RFA; that is,
they are independently owned and
operated and not dominant in their
fields of operation, and have annual
receipts of no more than $11.0 million.
Within the purse seine fleet, analysis of
average revenue, by vessel, for 2017–
2019 reveals that average fleet revenue
was $8,212,000 (NMFS unpublished
data combined with price data from
https://www.ffa.int/node/425 and
https://www.wcpfc.int/node/46580
accessed on July 27, 2020); however, 14
participating vessels qualified as small
entities with their average of the most
recent three years of vessel revenue for
which data is available of less than $11
million. Within the Hawaii based
longline fleet, an average of 146 vessels
recorded landings during 2017–2019
with a average vessel revenue of
approximately $828,000 per vessel
(estimate calculated using data from the
2019 Pelagic Fishery Ecosystem Plan
Stock Assessment and Fishery
Evaluation Report and Annual Reports
of the Hawaii Longline Fishery). For the
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American Samoa based longline fleet,
an average of 15 vessels recorded
landings during 2017–2019 with average
vessel revenue of approximately
$339,000 per vessel (estimate calculated
using data from the 2019 Pelagic Fishery
Ecosystem Plan Stock Assessment and
Fishery Evaluation Report and Annual
Reports of the American Samoa
Longline Fishery). None of the other
potentially directly regulated fishing
sectors had total fishery revenue of all
vessels combined that exceeded the
small entity threshold.
Recordkeeping, Reporting, and Other
Compliance Requirements
The reporting, recordkeeping and
other compliance requirements of this
final rule are described earlier in the
preamble. The classes of small entities
subject to the requirements and the
expected costs of complying with the
requirements are described above in the
Classification section of this final rule.
As described in the Paperwork
Reduction Act (PRA) subsection below,
this final rule contains a revised
collection-of-information requirement
subject to review and approval by the
Office of Management and Budget
(OMB) under the PRA.
Fulfillment of the requirements under
the final rule is not expected to require
any professional skills that affected
vessel owners and operators do not
already possess.
(1) Reporting requirements when
carrying a WCPFC observer: This
requirement is part of a proposed
collection of information subject to
approval by OMB under the PRA. It
would apply to about 195 small
business entities, (derived from
subtracting the six vessels that do not
qualify as small business entities from
201, the number of fishing vessels
affected by this rule as estimated from
vessels with WCPFC area
endorsements). Complying would
require that owners and operators of
purse seine, longline and troll vessels to
contact NMFS in the event of serious
illness, assault, intimidation, threats,
interference, or harassment of a WCPFC
observer. NMFS estimates the cost of
compliance as the cost of a five minute
phone call though the cost of
compliance could vary depending on
the directions given by NMFS. NMFS
cannot project how many calls would
occur, but from 2015–2019, NOAA
Office of Law Enforcement charged a
total of six cases of harassment against
purse seine and longline vessels in the
Pacific Islands Region. Thus, NMFS
expects events of serious illness, assault,
intimidation, threats, interference, or
harassment of a WCPFC observer to
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occur very rarely (average of one per
year) and thus the cost of reporting to
be very small. The Commission has
indefinitely deferred implementation of
placing WCPFC observers on troll
vessels, and for the foreseeable future,
NMFS does not believe that this
requirement would add any new
compliance costs for troll vessels. If the
Commission were to change its position
on placing WCPFC observers on troll
vessels, troll operators may incur
compliance costs similar to those
described above. Fulfillment of this
requirement is not expected to require
any professional skills that the vessel
owners and operators do not already
possess.
(2) Requirement to ensure observer
safety: This requirement is outside of
the proposed collection of information
under the PRA. In the event of serious
illness, assault, intimidation, threats,
interference or harassment of a WCPFC
observer, the proposed rule would
require the owner or operator of the
fishing vessel to: (1) Immediately cease
fishing operations; (2) take all
reasonable actions to care for the
observer and provide any medical
treatment available and possible on
board the vessel; (3) where directed by
the observer provider, if not already
directed by the appropriate U.S.
Government contact, facilitate the
disembarkation and transport of the
observer to a medical facility equipped
to provide the required care, as soon as
practicable; and (4) cooperate fully in
any official investigations into the cause
of the illness. NMFS cannot project how
often this would occur, but anticipates
these events to occur rarely. As
mentioned above, NOAA Office of Law
Enforcement has charged six cases of
harassment against purse seine and
longline vessels over 2015–2019 in the
Pacific Islands Region, which equates to
approximately one per year. If such an
event does occur, the impacts could
vary depending on when the event
occurs and what foregone opportunity is
lost. For illustrative purposes, the
average gross revenue of a U.S. purse
seine fishing trip from 2017–2019 was a
little under $1.4 million per trip
(calculated by multiplying Bangkok fish
prices by average catch per trip using
NMFS data) so if an event occurred near
the start of a fishing trip, the vessel
could potentially forgo much of that
revenue along with any trip costs
already incurred. For U.S. longline
vessels the average gross revenue from
2017–2019 (calculated using nominal
revenue and trip information from the
2019 Pelagic Fishery Ecosystem Plan
Stock Assessment and Fishery
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35657
Evaluation Report) was around $664,000
per Hawaii-based deep-set trip, $64,000
per Hawaii-based shallow-set trip, and
$39,000 per American Samoa-based trip
so if an event occurred near the start of
a fishing trip, the vessel could
potentially forgo much of that revenue
along with any trip costs already
incurred.
(3) Notification requesting a WCPFC
Observer: This requirement is part of a
proposed collection of information
subject to approval by OMB under the
PRA. It would apply to about 199 small
business entities. Vessels are already
required to provide notification prior to
trip departure if they intend to transship
at sea, and this proposed requirement
would expand notification requirements
to purse seine vessels requesting a
WCPFC observer and departing from
American Samoa.
The proposed requirement may result
in compliance costs for purse seine
vessels requesting a WCPFC observer
when departing from American Samoa.
It is estimated that each notification
would require 1 minute of labor and
about $1 in communication costs. The
value of the required labor is estimated
to be $24.42 per hour. The estimated
cost of compliance is less than $2 per
notification. The number of requests
and notifications cannot be predicted
with any certainty, but for the purpose
of this analysis, each purse seine vessel
is expected to make 3.57 requests or
notifications per year related to WCPFC
observers (estimate based on the average
number of trips per year from 2016–
2020 divided by 20, the number of
expected potential respondents). The
estimated cost of compliance is
therefore expected to be $4.96 for a
vessel that makes 3.57 pre-trip
notifications per year.
Duplicating, Overlapping, and
Conflicting Federal Regulations
NMFS has not identified any Federal
regulations that conflict with these
regulations. NMFS has identified
several Federal regulations that overlap
with the final rule:
As mentioned above, the U.S. Coast
Guard has regulations at 46 CFR part 4
relating to marine casualties. This final
rule implements the requirements of
CMM 2017–03 that are not marine
casualties covered by the existing U.S.
Coast Guard regulations.
IATTC adopted Resolution C 18–07
on Observer Safety, and NMFS
published a final rule on May 18, 2020
(85 FR 29666) related to actions
required in the event of loss of life,
serious illness or injury and assault,
intimidation, threats or harassment to
observers on vessels that are on fishing
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trips in the IATTC Area. The regulations
in this final rule and the regulations
applicable to the IATTC Area would
apply to WCPFC observers that are on
vessels that are fishing in the IATTC
Area, such as WCPFC observers that are
also cross-endorsed observers. In this
case, there would be overlapping
regulations, but NMFS has ensured
consistency in the protocols and in the
contacts required in the event of serious
illness, assault, intimidation, threats or
harassment such that both requirements
for notification would be satisfied with
one notification.
Alternatives to the Final Rule
NMFS has not been able to identify
any alternatives that would minimize
any significant economic impact of the
final rule on small entities. NMFS
rejected the alternative of taking no
action at all because it would be
inconsistent with the United States’
obligations under the Convention. As a
Contracting Party to the Convention, the
United States is required to implement
the decisions of the WCPFC.
Consequently, NMFS has limited
discretion as to how to implement those
decisions.
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Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. NMFS has prepared a
small entity compliance guide for this
rule, and will send copies of the
appropriate guide to holders of permits
in the relevant fisheries. The guide and
this final rule also will be available via
the Federal e-rulemaking Portal, at
www.regulations.gov (search for ID
NOAA–NMFS–2020–0125) and by
request from NMFS PIRO (see
ADDRESSES).
Paperwork Reduction Act
This final rule contains a collectionof-information requirement subject to
review and approval by OMB under the
PRA. This rule changes the existing
requirements for the collection of
information 0648–0649,
‘‘Transshipment Requirements Under
the WCPFC,’’ and requires reporting in
the event of serious illness, assault,
intimidation, threats, interference, or
harassment of a WCPFC observer as well
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as pre-trip notifications for purse seine
vessels requesting a purse seine
observer and departing from American
Samoa. Public reporting burden for
reporting events of serious illness,
assault, intimidation, threats, or
harassment of a WCPFC observer is
estimated to be 5 minutes per response,
and public reporting burden for purse
seine vessels requesting a purse seine
observer and departing from American
Samoa is estimated to average 1 minute
per response, including the time for
reviewing instructions searching
existing data sources, gathering and
maitnaing the data needed and
completing and reviewing the collection
of information.
At the proposed rule stage, NMFS had
considered revising Control Number
0648–0214, ‘‘Pacific Islands Region
Logbook Family of Forms’’ to include
the observer safety collection of
information requirements for longline
vessels. NMFS now believes that it
makes more sense to include the
observer safety collection of information
requirements for all gear types in
Control Number 0648–0649,
‘‘Transshipment Requirements Under
the WCPFC’’, so the 0648–0214
collection will not be revised.
We invite the general public and other
Federal agencies to comment on
proposed and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. Written comments
and recommendations for this
information collection should be
submitted at the following website
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by using the search function
and entering either the title of the
collection or the OMB Control Number
0648–0649.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a 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.
List of Subjects in 50 CFR Part 300
Administrative practice and
procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and
recordkeeping requirements, Treaties.
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
Dated: June 29, 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 (b)
and add paragraph (f) to read as follows:
■
§ 300.215
Observers.
*
*
*
*
*
(b) Notifications. (1) If a fishing vessel
of the United States used for
commercial fishing for HMS in the
Convention Area intends to conduct
transshipments at sea, the owner or
operator of that fishing vessel is
required to carry a WCPFC observer
under paragraph (d) of this section
during the fishing trip and shall notify
the Pacific Islands Regional
Administrator of the need for a WCPFC
observer at least 72 hours (exclusive of
weekends and Federal holidays) before
the vessel leaves port on the fishing trip.
The notice shall be provided to the
Observer Placement Contact specified
by the Pacific Islands Regional
Administrator and must include the
official number of the vessel, the name
of the vessel, the intended departure
date, time, and location, the name of the
operator of the vessel, and a telephone
number at which the owner, operator, or
a designated agent may be contacted
during the business day (8 a.m. to 5 p.m.
Hawaii Standard Time). If applicable,
this notice may be provided in
conjunction with the notice required
under § 665.803(a) of this title.
(2) In order to obtain a WCPFC
observer on a fishing trip departing from
American Samoa, the owner or operator
of a fishing vessel of the United States
equipped with purse seine gear shall
provide the Pacific Islands Regional
Administrator with the following
information before departure on the
fishing trip, at least five days (exclusive
of weekends and Federal holidays)
before the owner or operator of the
fishing vessel’s intended departure: The
name of the vessel; name of the operator
of the vessel; a telephone number or
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email at which the owner or operator
may be contacted; and the intended
departure date. This information shall
be provided to the address specified by
the Pacific Islands Regional
Administrator.
*
*
*
*
*
(f) Observer safety. The following
requirements apply when a WCPFC
observer is on a fishing trip operating
under the Commission’s Regional
Observer Programme.
(1) The owner or operator of a fishing
vessel of the United States shall
immediately report the serious illness
that threatens the health or safety of a
WCPFC observer to the U.S Government
contact on the list provided by the
Pacific Islands Regional Administrator
at https://www.fisheries.noaa.gov/
pacific-islands/commercial-fishing/
western-and-central-pacific-longlineand-purse-seine-vessels. In addition, the
owner or operator of the fishing vessel
must:
(i) Immediately cease fishing
operations;
(ii) Take all reasonable actions to care
for the observer and provide any
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15:58 Jul 06, 2021
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medical treatment available and
possible on board the vessel, and where
appropriate seek external medical
advice;
(iii) Where directed by the observer
provider, if not already directed by the
appropriate U.S. Government contact,
facilitate the disembarkation and
transport of the observer to a medical
facility equipped to provide the
required care, as soon as practicable;
and
(iv) Cooperate fully in any official
investigations into the cause of the
illness.
(2) In the event that a WCPFC
observer on a fishing vessel of the
United States has been assaulted,
intimidated, threatened, or harassed, the
owner or operator of the fishing vessel
shall immediately notify the U.S.
Government contact and observer
program contact on the list provided by
the Pacific Islands Regional
Administrator at https://
www.fisheries.noaa.gov/pacific-islands/
commercial-fishing/western-andcentral-pacific-longline-and-purseseine-vessels of the situation and the
PO 00000
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Sfmt 9990
35659
status and location of the observer. In
addition, the owner or operator of the
fishing vessel must:
(i) Immediately take action to preserve
the safety of the observer and mitigate
and resolve the situation on board;
(ii) If the observer or the observer
provider indicate that they wish to be
removed from the vessel, facilitate the
safe disembarkation of the observer in a
manner and place, as agreed by the
observer provider and a U.S.
Government contact, that facilitates
access to any needed medical treatment;
and
(iii) Cooperate fully in any official
investigations into the incident.
■ 3. In § 300.222, add paragraphs (zz)
and (aaa) to read as follows:
§ 300.222
Prohibitions.
*
*
*
*
*
(zz) Fail to comply with the observer
safety requirements in § 300.215(f).
(aaa) Fail to provide pre-trip
notification per requirements in
§ 300.215(b).
[FR Doc. 2021–14256 Filed 7–6–21; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Rules and Regulations]
[Pages 35653-35659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14256]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 210629-0138]
RIN 0648-BG66
International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Requirements To Safeguard Fishery
Observers
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Under authority of the Western and Central Pacific Fisheries
Convention Implementation Act (WCPFC Implementation Act), NMFS issues
this final rule establishing requirements to safeguard fishery
observers and establishing pre-trip notification procedures for
observer placement. This action is necessary to satisfy the obligations
of the United States under the Convention on the Conservation and
Management of Highly Migratory Fish Stocks in the Western and Central
Pacific Ocean (Convention), to which it is a Contracting Party.
DATES: This rule is effective on August 6, 2021.
ADDRESSES: Copies of supporting documents prepared for this final rule,
including the regulatory impact review (RIR), as well as the proposed
rule (85 FR 66513; October 20, 2020), are available via the Federal e-
rulemaking Portal, at www.regulations.gov (search for Docket ID NOAA-
NMFS-2020-0125). Those documents are also available from NMFS at the
following address: Michael D. Tosatto, Regional Administrator, NMFS,
Pacific Islands Regional Office (PIRO), 1845 Wasp Blvd., Building 176,
Honolulu, HI 96818.
A final regulatory flexibility analysis (FRFA) prepared under
authority of the Regulatory Flexibility Act is included in the
Classification section of the SUPPLEMENTARY INFORMATION section of this
document.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
rule may be submitted to PIRO at the address listed above, by email to
[email protected], or by fax to (202) 395-5806.
FOR FURTHER INFORMATION CONTACT: Valerie Post, NMFS PIRO, 808-725-5034.
SUPPLEMENTARY INFORMATION:
Background
On October 20, 2020, NMFS published a proposed rule in the Federal
Register (85 FR 66513) proposing to establish requirements to safeguard
fishery observers and to establish pre-trip notification procedures for
observer placement. The 30-day public comment period for the proposed
rule closed on November 19, 2020.
The final rule is issued under the authority of the WCPFC
Implementation Act (16 U.S.C. 6901 et seq.), which 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 (currently 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 for the Conservation and Management of
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
(WCPFC or 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.
This final rule implements specific provisions of Conservation and
Management Measure (CMM) 2017-03, ``Conservation and Management Measure
for WCPFC Regional Programme Observers,'' as well as establishes pre-
trip notification procedures for observer placement. The preamble to
the proposed rule provides background information, including
information on the Convention and the Commission, the provisions that
are being implemented in this rule, and the basis for the regulations,
which is not repeated here.
The Action
The specific elements of the final rule are detailed below.
1. Observer Safety Requirements
This final rule implements specific requirements for vessel owners
and operators to help ensure the safety of WCPFC observers.\1\ CMM
2017-03 describes requirements for vessel owners and operators
specifically related to vessel operations, notification, search and
rescue procedures, and investigations in the event of death, injury,
serious illness, missing overboard, or harassment of a WCPFC observer.
---------------------------------------------------------------------------
\1\ A WCPFC observer is 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 (ROP), 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 ROP (see 50 CFR 300.211).
---------------------------------------------------------------------------
NMFS is not promulgating additional regulations in the event of
death, loss or serious injury as they would be duplicative of U.S.
Coast Guard regulations on marine casualties and investigations at 46
CFR part 4.
Under the final rule, vessel owners and operators are required to
notify the designated authorities as specified by the Regional
Administrator at https://www.fisheries.noaa.gov/pacific-islands/commercial-fishing/western-and-central-pacific-longline-and-purse-seine-vessels in the event of serious illness, assault, intimidation,
threats, interference, or harassment of a WCPFC observer. NMFS has
created a website that provides specific contact information of the
designated authorities, including emails and phone numbers. At this
time, NMFS has identified the observer provider and NOAA Office of Law
Enforcement Pacific Islands Division Duty Officer as contacts in the
event of serious assault,
[[Page 35654]]
intimidation, threats, interference or harassment of a WCPFC observer,
and the NOAA Office of Law Enforcement in the event of serious illness.
Any changes or updates to these contacts will be posted on the website.
Owners and operators are required to immediately notify the contacts of
the situation and the status and location of the observer.
NMFS does not maintain a 24-hour hotline to handle search and
rescue or urgent law enforcement response. Thus, in emergency
situations that need an immediate response, vessel owners and operators
are encouraged to contact the nearest U.S. Coast Guard Rescue
Coordination Center (RCC) that can help coordinate with the closest
Search and Rescue (SAR) facility in the area of the vessel: https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Response-Policy-CG-5R/Office-of-Incident-Management-Preparedness-CG-5RI/US-Coast-Guard-Office-of-Search-and-Rescue-CG-SAR/RCC-Numbers/.
In addition, under the final rule, the vessel owner or operator
would be required to follow certain procedures in the event of serious
illness, assault, intimidation, threats, interference or harassment of
a WCPFC observer. The rule would require that, in these cases, the
owner or operator of the fishing vessel must: (1) Immediately cease
fishing operations; (2) take all reasonable actions to care for the
observer and provide any medical treatment available and possible on
board the vessel; (3) where directed by the observer provider, if not
already directed by the appropriate U.S. Government contact, facilitate
the disembarkation and transport of the observer to a medical facility
equipped to provide the required care, as soon as practicable; and (4)
cooperate fully in any official investigations into the cause of the
illness or incident.
As stated above, the final rule specifies that the owner or
operator of the fishing vessel must ``immediately cease fishing
operations'' in the event of serious illness, assault, intimidation,
threats, interference or harassment of a WCPFC observer. NMFS
anticipates that there may be circumstances where ``immediately cease''
could allow for gear to be retrieved and NMFS does not encourage
abandoning fishing gear. Although the owner or operator of a vessel is
required to immediately cease fishing operations, this rule would not
prohibit reasonable steps to recover gear and catch, if appropriate
under the circumstances.
2. Pre-Trip Notification Procedures for Vessels Requiring a WCPFC
Observer
To facilitate the placement of WCPFC observers on U.S. purse seine
vessels when departing from American Samoa, this final rule requires
U.S. purse seine vessel owners and operators to submit notifications to
NMFS at least five business days before expected departure. The
notification must include the name of the vessel, name of the operator
of the vessel, telephone number or email at which the owner or operator
may be contacted, and intended departure date.
As stated in the preamble to the proposed rule, after reviewing the
current administrative process for observer placements, NMFS believes
such notifications are needed to facilitate observer placement for
trips departing from American Samoa.
NMFS notes that a variety of factors may influence a vessel's
departure date, including the availability of an observer. Pursuant to
the South Pacific Tuna Treaty (SPTT) and through a separate contractual
agreement between the American Tunaboat Association (ATA) and the
Pacific Islands Forum Fisheries Agency (FFA), U.S. purse seine vessels
carry observers deployed by the FFA Observer Program. FFA observers are
authorized WCPFC observers and are nationals of Pacific Island
countries. Currently, NMFS coordinates with FFA and places WCPFC
observers on U.S. purse seine vessels departing from American Samoa. As
such, NMFS cannot guarantee that an observer will be placed within five
business days of a request. Similarly, an observer may be placed
earlier than five business days from intended departure (e.g., an
observer on board the vessel decides to continue on board for another
trip), in which case the vessel may leave port earlier than the
intended departure date specified in the notification. NMFS is
clarifying in this final rule that the departure date submitted in the
notification is the vessel owner or operator's intended departure date
and not necessarily the date the vessel actually leaves port.
In the proposed rule, NMFS also proposed a pre-trip notification
requirement of five business days prior to expected departure for
vessels requesting a cross-endorsed observer.\2\ This requirement would
have applied to vessels of any gear type requesting a cross-endorsed
observer though to-date only U.S. purse seine vessels have used cross-
endorsed observers. NMFS has reviewed its existing processes for cross-
endorsed observer requests, including a pre-trip notification
requirement of at least five days prior to vessel departure at 50 CFR
216.24(b)(8)(iv)(A) for requests for cross-endorsed observers in the
eastern Pacific Ocean (EPO), which became effective on September 18,
2020 (85 FR 58297; September 18, 2020). As the requirements for the EPO
for requesting a cross-endorsed observer also apply to those purse
seine vessels in the WCPO requesting a cross-endorsed observer, NMFS
has decided not to implement the cross-endorsed observer notification
requirements specified in the proposed rule.
---------------------------------------------------------------------------
\2\ A cross-endorsed observer is an observer that is ``cross-
endorsed'' pursuant to a Memorandum of Cooperation between the
Commission and the Inter-American Tropical Tuna Commission (IATTC)
that specifies a process to allow the observer to meet the observer
requirements of both organizations.
---------------------------------------------------------------------------
Public Comments and Responses
NMFS received two comment letters on the proposed rule. Below, NMFS
summarizes the matters raised in each of the individual comment
letters, grouping similar comments together, and provides a response to
each of these matters.
Comment 1: One commenter provided a general statement of support
for the proposed rule so that observers would be protected when
carrying out their duties. Another commenter provided a statement of
support for NMFS to implement CMM 2017-03 and to protect observer
health and safety.
Response: NMFS acknowledges the comments.
Comment 2: One commenter noted that CMM 2017-03 and the proposed
regulatory language outline requirements for vessel owners or operators
to follow in the event that an observer is seriously ill and
requirements for vessel owners and operators to follow in the event of
assault, intimidation, threats or harassment, but that the proposed
rule's preamble erroneously characterized the requirements as being the
same for the two types of events. The commenter requested that the
final rule correct this misstatement and clarify that the regulatory
language of the proposed rule and the provisions of CMM 2017-03 are
what NMFS is promulgating.
Response: NMFS agrees that CMM 2017-03 describes specific
requirements in the event that an observer is seriously ill and
specific requirements in the event that an observer has been assaulted,
intimidated, threatened or harassed. Although NMFS described the
processes as similar in the proposed rule's preamble, the proposed
regulatory text clearly differentiated between the events, in
accordance with the language in CMM 2017-03. NMFS clarifies here
[[Page 35655]]
that in the event of serious illness, the owner and operator of the
fishing vessel must: (1) Immediately cease fishing operations, (2) take
all reasonable action to care for the observer and provide any medical
treatment available and possible aboard the vessel; (3) where directed
by the observer provider, if not already directed by the appropriate
U.S. Government contact, facilitate the disembarkation and transport of
the observer to a medical facility equipped to provide the required
care, as soon as practicable, and (4) cooperate fully in any official
investigation as to the cause of the illness. Additionally, in the
event that an observer has been assaulted, intimidated, threatened or
harassed, the owner and operator of the fishing vessel must: (1)
Immediately take action to preserve the safety of the observer and
mitigate and resolve the situation on board; (2) if the observer or the
observer provider indicate that they wish to be removed from the
vessel, facilitate the safe disembarkation of the observer in a manner
and place, as agreed by the observer provider and a U.S. Government
contact, that facilitates access to any needed medical treatment; and
(3) cooperate fully in any official investigations into the incident.
Comment 3: One commenter requested that NMFS clarify that the
observer safety protocols applicable to where an observer has been
assaulted, intimidated, threatened, or harassed are triggered only
where the vessel owner or operator either: (1) Has firsthand knowledge
that the observer was assaulted, intimidated, threatened, or harassed
(i.e., saw or overhead the problem); or (2) where the vessel owner or
operator has been presented with objective evidence from the observer
or others clearly showing that the observer has been assaulted,
intimidated, threatened, or harassed. The commenter stated that a
response to mere allegations of harassment could result in costly
ramifications if they are unjustified. The commenter noted that the
proposed rule calculated the potential foregone opportunity for purse
seine vessels as high as the revenue from a trip at $1.4 million
dollars, and asserted that the costs were disproportionate compared to
other fisheries being regulated under the same rule. The commenter
stated that these clarifications are necessary to ensure that vessel
owners and operators are afforded appropriate due process protections
and that compliance costs and penalties are fairly applied. The
commenter stated that without amendment or clarification by NMFS, the
proposed rule could subject vessel owners or operators to penalties for
not immediately knowing that one of the conditions triggering a set of
duties has occurred. Although the commenter stated that NMFS would
likely not impose penalties for not taking quick enough action where
delay primarily was attributable to neither the vessel owner nor
operator knowing about the observer's illness or other issues, the
commenter requested that NMFS clarify that the respective duties to act
are triggered when either the vessel owner or operator knows of the
observer's condition triggering the duties.
Response: CMM 2017-03 does not qualify that these protocols are
only triggered if vessel owners and operators have firsthand knowledge
or have an evidentiary standard. Moreover, as discussed in the RIR,
NMFS projects that these incidents will occur infrequently. Thus, NMFS
does not believe it appropriate to limit the protocols accordingly.
Under the regulations at 50 CFR 300.43(a)(3), purse seine vessels
operating under the SPTT, which includes most purse seine vessels
fishing within the Convention Area, are required to disembark observers
at the point and time notified by the FFA to the U.S. Government. This
requirement is already in place and is not limited to observer safety-
related events. NMFS also notes that similar observer safety protocol
requirements to this rule are also already in place for vessels
operating in the EPO under regulations at 50 CFR 300.29 so vessels
operating in the EPO are already subject to them.
The intent of this rulemaking is protect observer safety and not
necessarily to pre-judge the outcome of any investigation. NMFS
disagrees with the statement that the proposed text does not afford due
process protections. The rule will encourage owners and operators of
U.S. purse seine vessels to take affirmative steps to train their crews
and to prevent acts of harassment against observers. Under CMM 2017-03,
the United States has the responsibility under the CMM to investigate
any alleged incidents.
Moreover, NMFS believes the rule would not have disproportionate
effects on purse seine vessels, but rather would affect all vessels
equally in proportion to their individual trip costs.
Comment 4: One commenter stated that they opposed the proposed
change to require purse seine vessels to provide pre-trip notifications
and requests for observers because the scope of the requirement is not
clear. The commenter stated that the preamble described reasons for the
need for pre-trip notification for trips departing from American Samoa,
but did not feel that the preamble identified specific shortcomings or
deficiencies to the current process that justified the new requirement.
The commenter noted that purse seine vessels cannot depart unless an
observer is onboard, and did not feel there was sufficient explanation
as to why the pre-trip notification requirement applies to when
requesting a cross-endorsed observer and when departing from ports
other than American Samoa. The commenter stated that they believed that
the pre-trip notification requirement of five business days prior to
trip departure would restrict operational flexibility and would result
in larger costs to purse seine vessels than what are described in the
proposed rule. The commenter requested that the pre-trip notification
period be shortened to 48 hours if NMFS believes there is a real need
for the requirement. Finally, the commenter requested confirmation that
the pre-trip notification requirement does not apply to owners and
operators of purse seine vessels picking up observers at ports other
than American Samoa if they are not seeking a cross-endorsed observer.
Response: NMFS confirms that the pre-trip notification requirements
apply to purse seine vessels requesting a WCPFC observer and departing
from American Samoa and the requirements do not apply to vessels
picking up observers at ports other than American Samoa. As discussed
above, NMFS has also re-evaluated the need for pre-trip notification
for vessels requesting placement of a cross-endorsed observer
regardless of port of departure, and decided not to implement this
requirement in this final rule because a similar requirement for cross-
endorsed observer requests has already been implemented at 50 CFR
216.24(a)(8)(iv).
NMFS continues to believe that the notification prior to a trip is
necessary for purse seine trips departing from American Samoa and
requesting a WCPFC observer.
NMFS facilitates entry into American Samoa for WCPFC observers
being placed on purse seine vessels. If adequate pre-trip notification
is not given, entry into American Samoa may be delayed and this could
delay placement of the observer and therefore vessel departure. As the
placement of WCPFC observers on purse seine vessels is provided
currently by FFA, vessel owners and operators have an incentive to
ensure that adequate notice is given to ensure that observers can
travel to the port of departure. Given that these observers are
nationals from other countries, NMFS assists with obtaining the
necessary entry permits into
[[Page 35656]]
American Samoa. NMFS commits significant resources facilitating the
deployment of these observers in Pago Pago. The requirements in this
final rule formalize an informal process that is already in place.
As stated above, this rule does not guarantee that a WCPFC observer
will be placed on board a purse seine vessel within five business days
of a notification being submitted. Similarly, as the commenter noted
there may be circumstances in which a WCPFC observer is already in
American Samoa and fewer than five days may be needed for an observer
to be placed on a purse seine vessel in those circumstances. NMFS
acknowledges that there may be times where observer placement could
occur more quickly. In this final rule NMFS has changed the regulatory
text so that the date that must be provided in the notification is the
intended date and not necessarily the date the vessel leaves port.
NMFS does not believe that the pre-trip notification requirement
would restrict operational flexibility for purse seine vessels.
Changes From the Proposed Rule
This final rule includes four changes to the regulatory text from
the proposed rule. NMFS has removed the regulatory text requiring pre-
trip notification requests for cross-endorsed observers, as well as the
definition of WCPFC-IATTC cross-endorsed observer associated with that
requirement. NMFS has also changed the timing of the pre-trip
notification requirement at 50 CFR 300.215(d)(2) for purse seine
vessels departing from American Samoa such that the notification must
be submitted at least five business days before the vessel owner's or
operator's intended departure date rather than the actual departure
date. NMFS has made editorial changes to correctly spell the WCPFC
Regional Observer Programme in 50 CFR 300.215(f). NMFS also added
paragraph (aaa) in 50 CFR 300.222 prohibiting the failure to provide
pre-trip notification.
Classification
The Administrator, Pacific Islands Region, NMFS, has determined
that this final rule is consistent with the WCPFC Implementation Act
and other applicable laws.
Coastal Zone Management Act (CZMA)
NMFS determined that this action is consistent to the maximum
extent practicable with the enforceable policies of the approved
coastal management program of American Samoa, the Commonwealth of the
Northern Mariana Islands (CNMI), Guam, and the State of Hawaii. NMFS
submitted determinations to Hawaii and each of the Territories on March
16, 2020, for review by the responsible state and territorial agencies
under section 307 of the CZMA. Hawaii replied by letter dated March 19,
2020, stating that, because the proposed rule is outside of the
jurisdiction of the Hawaii Coastal Zone Management Program's
enforceable policies, it would not be responding to the consistency
determination. The CNMI replied by letter dated May 12, 2020, stating
that based on the information provided, it has determined that the
action will be undertaken in a manner that is consistent to the maximum
extent practicable with the enforceable policies of the CNMI's coastal
management program. Guam replied by letter dated May 27, 2020, stating
that based on the information provided, it has determined that the
action will be consistent with the enforceable policies of Guam's
Coastal Management Program. No response was received from American
Samoa, and thus, concurrence with the respective consistency
determinations is presumed (15 CFR 930.41).
Executive Order 12866
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Regulatory Flexibility Act (RFA)
A final regulatory flexibility analysis (FRFA) was prepared, as
required by section 604 of the RFA. The FRFA incorporates the initial
regulatory flexibility analysis (IRFA) prepared for the proposed rule.
The analysis in the IRFA is not repeated here in its entirety. A
description of the action, why it is being considered, and the legal
basis for this action are contained in the SUMMARY section and this
SUPPLEMENTARY INFORMATION section of the preamble of this final rule.
The FRFA analysis follows: Significant Issues Raised by Public Comments
in Response to the IRFA
See comment three and response by NMFS above for matters raised
regarding the IRFA, which pertains to potential disproportionate burden
for purse seine vessels.
Description of Small Entities to Which the Rule Will Apply
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 114111) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide.
This final rule would apply to owners and operators of U.S.
commercial fishing vessels that fish for highly migratory species (HMS)
in the Convention Area that: (1) Carry a WCPFC Observer or (2) purse
seine for HMS in the Convention Area. This includes vessels in the
purse seine, longline, and albacore troll fleets. The estimated number
of affected fishing vessels is as follows based on the number of
vessels on the WCPFC Record of Fishing Vessels as of March 2, 2021: 20
Purse seine vessels, 154 longline vessels, and 27 albacore troll
vessels. Thus, the total estimated number of commercial fishing vessels
that would be subject to the rule is 201. The purse seine vessels
operating in the Convention Area generally land in American Samoa and
other ports in Pacific Islands, the longline vessels operating in the
Convention Area generally land in American Samoa and Hawaii, and the
albacore troll vessels operating in the Convention Area generally land
their catch in California, Oregon, Washington, or Canada.
Based on (limited) financial information about the affected fishing
fleets, and using individual vessels as proxies for individual
businesses, NMFS believes that all the affected fish harvesting
businesses in all the fleets, except the purse seine fleet, are small
entities as defined by the RFA; that is, they are independently owned
and operated and not dominant in their fields of operation, and have
annual receipts of no more than $11.0 million. Within the purse seine
fleet, analysis of average revenue, by vessel, for 2017-2019 reveals
that average fleet revenue was $8,212,000 (NMFS unpublished data
combined with price data from https://www.ffa.int/node/425 and https://www.wcpfc.int/node/46580 accessed on July 27, 2020); however, 14
participating vessels qualified as small entities with their average of
the most recent three years of vessel revenue for which data is
available of less than $11 million. Within the Hawaii based longline
fleet, an average of 146 vessels recorded landings during 2017-2019
with a average vessel revenue of approximately $828,000 per vessel
(estimate calculated using data from the 2019 Pelagic Fishery Ecosystem
Plan Stock Assessment and Fishery Evaluation Report and Annual Reports
of the Hawaii Longline Fishery). For the
[[Page 35657]]
American Samoa based longline fleet, an average of 15 vessels recorded
landings during 2017-2019 with average vessel revenue of approximately
$339,000 per vessel (estimate calculated using data from the 2019
Pelagic Fishery Ecosystem Plan Stock Assessment and Fishery Evaluation
Report and Annual Reports of the American Samoa Longline Fishery). None
of the other potentially directly regulated fishing sectors had total
fishery revenue of all vessels combined that exceeded the small entity
threshold.
Recordkeeping, Reporting, and Other Compliance Requirements
The reporting, recordkeeping and other compliance requirements of
this final rule are described earlier in the preamble. The classes of
small entities subject to the requirements and the expected costs of
complying with the requirements are described above in the
Classification section of this final rule.
As described in the Paperwork Reduction Act (PRA) subsection below,
this final rule contains a revised collection-of-information
requirement subject to review and approval by the Office of Management
and Budget (OMB) under the PRA.
Fulfillment of the requirements under the final rule is not
expected to require any professional skills that affected vessel owners
and operators do not already possess.
(1) Reporting requirements when carrying a WCPFC observer: This
requirement is part of a proposed collection of information subject to
approval by OMB under the PRA. It would apply to about 195 small
business entities, (derived from subtracting the six vessels that do
not qualify as small business entities from 201, the number of fishing
vessels affected by this rule as estimated from vessels with WCPFC area
endorsements). Complying would require that owners and operators of
purse seine, longline and troll vessels to contact NMFS in the event of
serious illness, assault, intimidation, threats, interference, or
harassment of a WCPFC observer. NMFS estimates the cost of compliance
as the cost of a five minute phone call though the cost of compliance
could vary depending on the directions given by NMFS. NMFS cannot
project how many calls would occur, but from 2015-2019, NOAA Office of
Law Enforcement charged a total of six cases of harassment against
purse seine and longline vessels in the Pacific Islands Region. Thus,
NMFS expects events of serious illness, assault, intimidation, threats,
interference, or harassment of a WCPFC observer to occur very rarely
(average of one per year) and thus the cost of reporting to be very
small. The Commission has indefinitely deferred implementation of
placing WCPFC observers on troll vessels, and for the foreseeable
future, NMFS does not believe that this requirement would add any new
compliance costs for troll vessels. If the Commission were to change
its position on placing WCPFC observers on troll vessels, troll
operators may incur compliance costs similar to those described above.
Fulfillment of this requirement is not expected to require any
professional skills that the vessel owners and operators do not already
possess.
(2) Requirement to ensure observer safety: This requirement is
outside of the proposed collection of information under the PRA. In the
event of serious illness, assault, intimidation, threats, interference
or harassment of a WCPFC observer, the proposed rule would require the
owner or operator of the fishing vessel to: (1) Immediately cease
fishing operations; (2) take all reasonable actions to care for the
observer and provide any medical treatment available and possible on
board the vessel; (3) where directed by the observer provider, if not
already directed by the appropriate U.S. Government contact, facilitate
the disembarkation and transport of the observer to a medical facility
equipped to provide the required care, as soon as practicable; and (4)
cooperate fully in any official investigations into the cause of the
illness. NMFS cannot project how often this would occur, but
anticipates these events to occur rarely. As mentioned above, NOAA
Office of Law Enforcement has charged six cases of harassment against
purse seine and longline vessels over 2015-2019 in the Pacific Islands
Region, which equates to approximately one per year. If such an event
does occur, the impacts could vary depending on when the event occurs
and what foregone opportunity is lost. For illustrative purposes, the
average gross revenue of a U.S. purse seine fishing trip from 2017-2019
was a little under $1.4 million per trip (calculated by multiplying
Bangkok fish prices by average catch per trip using NMFS data) so if an
event occurred near the start of a fishing trip, the vessel could
potentially forgo much of that revenue along with any trip costs
already incurred. For U.S. longline vessels the average gross revenue
from 2017-2019 (calculated using nominal revenue and trip information
from the 2019 Pelagic Fishery Ecosystem Plan Stock Assessment and
Fishery Evaluation Report) was around $664,000 per Hawaii-based deep-
set trip, $64,000 per Hawaii-based shallow-set trip, and $39,000 per
American Samoa-based trip so if an event occurred near the start of a
fishing trip, the vessel could potentially forgo much of that revenue
along with any trip costs already incurred.
(3) Notification requesting a WCPFC Observer: This requirement is
part of a proposed collection of information subject to approval by OMB
under the PRA. It would apply to about 199 small business entities.
Vessels are already required to provide notification prior to trip
departure if they intend to transship at sea, and this proposed
requirement would expand notification requirements to purse seine
vessels requesting a WCPFC observer and departing from American Samoa.
The proposed requirement may result in compliance costs for purse
seine vessels requesting a WCPFC observer when departing from American
Samoa. It is estimated that each notification would require 1 minute of
labor and about $1 in communication costs. The value of the required
labor is estimated to be $24.42 per hour. The estimated cost of
compliance is less than $2 per notification. The number of requests and
notifications cannot be predicted with any certainty, but for the
purpose of this analysis, each purse seine vessel is expected to make
3.57 requests or notifications per year related to WCPFC observers
(estimate based on the average number of trips per year from 2016-2020
divided by 20, the number of expected potential respondents). The
estimated cost of compliance is therefore expected to be $4.96 for a
vessel that makes 3.57 pre-trip notifications per year.
Duplicating, Overlapping, and Conflicting Federal Regulations
NMFS has not identified any Federal regulations that conflict with
these regulations. NMFS has identified several Federal regulations that
overlap with the final rule:
As mentioned above, the U.S. Coast Guard has regulations at 46 CFR
part 4 relating to marine casualties. This final rule implements the
requirements of CMM 2017-03 that are not marine casualties covered by
the existing U.S. Coast Guard regulations.
IATTC adopted Resolution C 18-07 on Observer Safety, and NMFS
published a final rule on May 18, 2020 (85 FR 29666) related to actions
required in the event of loss of life, serious illness or injury and
assault, intimidation, threats or harassment to observers on vessels
that are on fishing
[[Page 35658]]
trips in the IATTC Area. The regulations in this final rule and the
regulations applicable to the IATTC Area would apply to WCPFC observers
that are on vessels that are fishing in the IATTC Area, such as WCPFC
observers that are also cross-endorsed observers. In this case, there
would be overlapping regulations, but NMFS has ensured consistency in
the protocols and in the contacts required in the event of serious
illness, assault, intimidation, threats or harassment such that both
requirements for notification would be satisfied with one notification.
Alternatives to the Final Rule
NMFS has not been able to identify any alternatives that would
minimize any significant economic impact of the final rule on small
entities. NMFS rejected the alternative of taking no action at all
because it would be inconsistent with the United States' obligations
under the Convention. As a Contracting Party to the Convention, the
United States is required to implement the decisions of the WCPFC.
Consequently, NMFS has limited discretion as to how to implement those
decisions.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. NMFS has
prepared a small entity compliance guide for this rule, and will send
copies of the appropriate guide to holders of permits in the relevant
fisheries. The guide and this final rule also will be available via the
Federal e-rulemaking Portal, at www.regulations.gov (search for ID
NOAA-NMFS-2020-0125) and by request from NMFS PIRO (see ADDRESSES).
Paperwork Reduction Act
This final rule contains a collection-of-information requirement
subject to review and approval by OMB under the PRA. This rule changes
the existing requirements for the collection of information 0648-0649,
``Transshipment Requirements Under the WCPFC,'' and requires reporting
in the event of serious illness, assault, intimidation, threats,
interference, or harassment of a WCPFC observer as well as pre-trip
notifications for purse seine vessels requesting a purse seine observer
and departing from American Samoa. Public reporting burden for
reporting events of serious illness, assault, intimidation, threats, or
harassment of a WCPFC observer is estimated to be 5 minutes per
response, and public reporting burden for purse seine vessels
requesting a purse seine observer and departing from American Samoa is
estimated to average 1 minute per response, including the time for
reviewing instructions searching existing data sources, gathering and
maitnaing the data needed and completing and reviewing the collection
of information.
At the proposed rule stage, NMFS had considered revising Control
Number 0648-0214, ``Pacific Islands Region Logbook Family of Forms'' to
include the observer safety collection of information requirements for
longline vessels. NMFS now believes that it makes more sense to include
the observer safety collection of information requirements for all gear
types in Control Number 0648-0649, ``Transshipment Requirements Under
the WCPFC'', so the 0648-0214 collection will not be revised.
We invite the general public and other Federal agencies to comment
on proposed and continuing information collections, which helps us
assess the impact of our information collection requirements and
minimize the public's reporting burden. Written comments and
recommendations for this information collection should be submitted at
the following website www.reginfo.gov/public/do/PRAMain. Find this
particular information collection by using the search function and
entering either the title of the collection or the OMB Control Number
0648-0649.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a 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.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: June 29, 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 (b) and add paragraph (f) to read
as follows:
Sec. 300.215 Observers.
* * * * *
(b) Notifications. (1) If a fishing vessel of the United States
used for commercial fishing for HMS in the Convention Area intends to
conduct transshipments at sea, the owner or operator of that fishing
vessel is required to carry a WCPFC observer under paragraph (d) of
this section during the fishing trip and shall notify the Pacific
Islands Regional Administrator of the need for a WCPFC observer at
least 72 hours (exclusive of weekends and Federal holidays) before the
vessel leaves port on the fishing trip. The notice shall be provided to
the Observer Placement Contact specified by the Pacific Islands
Regional Administrator and must include the official number of the
vessel, the name of the vessel, the intended departure date, time, and
location, the name of the operator of the vessel, and a telephone
number at which the owner, operator, or a designated agent may be
contacted during the business day (8 a.m. to 5 p.m. Hawaii Standard
Time). If applicable, this notice may be provided in conjunction with
the notice required under Sec. 665.803(a) of this title.
(2) In order to obtain a WCPFC observer on a fishing trip departing
from American Samoa, the owner or operator of a fishing vessel of the
United States equipped with purse seine gear shall provide the Pacific
Islands Regional Administrator with the following information before
departure on the fishing trip, at least five days (exclusive of
weekends and Federal holidays) before the owner or operator of the
fishing vessel's intended departure: The name of the vessel; name of
the operator of the vessel; a telephone number or
[[Page 35659]]
email at which the owner or operator may be contacted; and the intended
departure date. This information shall be provided to the address
specified by the Pacific Islands Regional Administrator.
* * * * *
(f) Observer safety. The following requirements apply when a WCPFC
observer is on a fishing trip operating under the Commission's Regional
Observer Programme.
(1) The owner or operator of a fishing vessel of the United States
shall immediately report the serious illness that threatens the health
or safety of a WCPFC observer to the U.S Government contact on the list
provided by the Pacific Islands Regional Administrator at https://www.fisheries.noaa.gov/pacific-islands/commercial-fishing/western-and-central-pacific-longline-and-purse-seine-vessels. In addition, the
owner or operator of the fishing vessel must:
(i) Immediately cease fishing operations;
(ii) Take all reasonable actions to care for the observer and
provide any medical treatment available and possible on board the
vessel, and where appropriate seek external medical advice;
(iii) Where directed by the observer provider, if not already
directed by the appropriate U.S. Government contact, facilitate the
disembarkation and transport of the observer to a medical facility
equipped to provide the required care, as soon as practicable; and
(iv) Cooperate fully in any official investigations into the cause
of the illness.
(2) In the event that a WCPFC observer on a fishing vessel of the
United States has been assaulted, intimidated, threatened, or harassed,
the owner or operator of the fishing vessel shall immediately notify
the U.S. Government contact and observer program contact on the list
provided by the Pacific Islands Regional Administrator at https://www.fisheries.noaa.gov/pacific-islands/commercial-fishing/western-and-central-pacific-longline-and-purse-seine-vessels of the situation and
the status and location of the observer. In addition, the owner or
operator of the fishing vessel must:
(i) Immediately take action to preserve the safety of the observer
and mitigate and resolve the situation on board;
(ii) If the observer or the observer provider indicate that they
wish to be removed from the vessel, facilitate the safe disembarkation
of the observer in a manner and place, as agreed by the observer
provider and a U.S. Government contact, that facilitates access to any
needed medical treatment; and
(iii) Cooperate fully in any official investigations into the
incident.
0
3. In Sec. 300.222, add paragraphs (zz) and (aaa) to read as follows:
Sec. 300.222 Prohibitions.
* * * * *
(zz) Fail to comply with the observer safety requirements in Sec.
300.215(f).
(aaa) Fail to provide pre-trip notification per requirements in
Sec. 300.215(b).
[FR Doc. 2021-14256 Filed 7-6-21; 8:45 am]
BILLING CODE 3510-22-P