Modification of Deadlines Under the Fish and Fish Product Import Provisions of the Marine Mammal Protection Act, 63955-63957 [2022-22965]
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Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Rules and Regulations
J. Executive Orders 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations and LowIncome Populations and Executive
Order 14008: Tackling the Climate
Crisis at Home and Abroad
EPA believes that this action is not
subject to Executive Order 12898 (59 FR
7629, February 16, 1994) and Executive
Order 14008 (86 FR 7619, January 27,
2021) because this rule does not
establish an environmental health or
safety standard.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5
U.S.C. 801 et seq., and EPA will submit
a rule report to each House of the
Congress and to the Comptroller General
of the United States. This action is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 372
Community right-to-know,
Environmental protection, Reporting
and recordkeeping.
Dated: October 17, 2022
Michal Freedhoff,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR part
372 as follows:
PART 372 TOXIC CHEMICAL RELEASE
REPORTING COMMUNITY RIGHT-TOKNOW
1. The authority citation for part 372
continues to read as follows:
■
2. In § 372.3, add in alphabetical order
a definition for ‘‘Parent company’’ to
read as follows:
■
Definitions.
jspears on DSK121TN23PROD with RULES
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*
Parent company means the highestlevel company (or companies) of the
facility’s ownership hierarchy as of
December 31 of the year for which data
are being reported according to the
following instructions. The U.S. parent
company is located within the United
States while the foreign parent company
is located outside the United States:
(1) If the facility is entirely owned by
a single U.S. company that is not owned
by another company, that single
company is the U.S. parent company.
(2) If the facility is entirely owned by
a single U.S. company that is, itself,
owned by another U.S.-based company
(e.g., it is a division or subsidiary of a
higher-level company), the highest-level
company in the ownership hierarchy is
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Jkt 259001
§ 372.85 Toxic chemical release reporting
form and instructions.
*
Authority: 42 U.S.C. 11023 and 11048.
§ 372.3
the U.S. parent company. If there is a
higher-level parent company that is
outside of the United States, the highestlevel foreign company in the ownership
hierarchy is the foreign parent company.
(3) If the facility is owned by more
than one company (e.g., company A
owns 40 percent, company B owns 35
percent, and company C owns 25
percent), the highest-level U.S. company
with the largest ownership interest in
the facility is the U.S. parent company.
If there is a higher-level foreign
company in the ownership hierarchy,
that company is the foreign parent
company.
(4) If the facility is owned by a 50:50
joint venture or a cooperative, the joint
venture or cooperative is its own parent
company.
(5) If the facility is entirely owned by
a foreign company (i.e., without a U.S.based subsidiary within the facility’s
ownership hierarchy), the highest-level
foreign parent company is the facility’s
foreign parent company.
(6) If the facility is federally owned,
the highest-level Federal agency or
department operating the facility is the
U.S. parent company.
(7) If the facility is owned by a nonFederal public entity (e.g., a State,
municipal, or tribal government), that
entity is the U.S. parent company.
*
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■ 3. In § 372.85 revise paragraph (b)(8)
to read as follows:
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(b) * * *
(8) Name of the facility’s parent
company, including:
(i) Legal name of the facility’s highestlevel U.S.-based parent company and its
Dun and Bradstreet identification
number, when applicable.
(ii) Beginning with the reporting year
ending December 31, 2023, for which
reporting forms are due July 1, 2024,
and for each subsequent reporting year,
the legal name of the facility’s highestlevel foreign parent company and its
Dun and Bradstreet identification
number, when applicable.
(iii) The facility must report using the
standardized conventions for the
naming of a parent company as
provided in the toxic chemical release
inventory reporting instructions
identified in paragraph (a) of this
section.
*
*
*
*
*
■ 4. In § 372.95 revise paragraph (b)(12)
to read as follows:
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63955
§ 372.95 Alternate threshold certification
and instructions.
*
*
*
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*
(b) * * *
(12) Name of the facility’s parent
company, including:
(i) Legal name of the facility’s highestlevel U.S.-based parent company and its
Dun and Bradstreet identification
number, when applicable.
(ii) Beginning with the reporting year
ending December 31, 2023, for which
reporting forms are due July 1, 2024,
and for each subsequent reporting year,
the legal name of the facility’s highestlevel foreign parent company and its
Dun and Bradstreet identification
number, when applicable.
(iii) The facility must report using the
standardized conventions for the
naming of a parent company as
provided in the toxic chemical release
inventory reporting instructions
identified in paragraph (a) of this
section.
*
*
*
*
*
[FR Doc. 2022–22833 Filed 10–20–22; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
[Docket No. 221017–0216]
RIN 0648–BK06
Modification of Deadlines Under the
Fish and Fish Product Import
Provisions of the Marine Mammal
Protection Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
revise the regulations implementing the
import provisions of the Marine
Mammal Protection Act (MMPA). This
final rule extends, by one year, the
exemption period to end December 31,
2023.
DATES: This final rule is effective
October 21, 2022.
FOR FURTHER INFORMATION CONTACT:
Kellie Foster-Taylor, Office of
International Affairs, Trade, and
Commerce NMFS by email at
kellie.foster-taylor@noaa.gov or by
phone at 301–427–7721.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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63956
Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Rules and Regulations
Background
Responses to Comments
On August 15, 2016, NMFS published
a final rule (81 FR 54389) implementing
the MMPA Import Provisions (16 U.S.C.
1371 (a)(2)). These provisions prohibit
the import of fish or fish products from
commercial fishing operations that
result in the incidental mortality or
serious injury of marine mammals in
excess of United States standards.
Specifically, this rule established
conditions for evaluating a harvesting
nation’s regulatory programs to address
incidental and intentional mortality and
serious injury of marine mammals
(hereafter referred to as bycatch) in its
fisheries producing fish and fish
products exported to the United States.
Fish and fish products from export
and exempt fisheries identified by the
Assistant Administrator for Fisheries in
the List of Foreign Fisheries (LOFF) can
only be imported into the United States
if the harvesting nation has applied for
and received a Comparability Finding
from NMFS. The 2016 final rule
established procedures that a harvesting
nation must follow, and conditions it
must meet, to receive a Comparability
Finding for a fishery. The rule also
established provisions for intermediary
nations to ensure that such nations do
not import and re-export to the United
States fish or fish products that are
subject to an import prohibition
applicable to the harvesting nation.
NMFS received submissions from
three commenters on the interim final
rule. Commenters included one nongovernmental organization, one industry
group, and one private citizen. One
commenter raised an issue that was not
germane to this action, because it
addressed prior decision-making on the
timeline of the previously-issued final
rule implementing the MMPA Import
Provisions (81 FR 54389; August 15,
2016). The other comments either
supported or opposed the deadline
extensions under the interim final rule.
Comments received on the interim final
rule are available for public review at
https://www.regulations.gov/ under the
docket identifier ‘‘NOAA–NMFS–2020–
0127’’. In the following sections, NMFS
summarizes and responds to issues
raised by commenters which are
relevant to the 2020 decision to extend
the exemption period.
jspears on DSK121TN23PROD with RULES
Exemption Period
Under the MMPA Import Provisions,
NMFS established an initial five-year
exemption period for foreign nations to
develop, as appropriate, fishery
regulatory programs governing the
bycatch of marine mammals that are
comparable in effectiveness to U.S.
regulations. During the exemption
period, the prohibitions of the MMPA
Import Provisions do not apply to
imports from the harvesting nation.
NMFS established the exemption period
to provide nations with adequate time to
assess marine mammal stocks, estimate
bycatch, and develop regulatory
programs to mitigate that bycatch.
NMFS issued an interim final rule on
November 3, 2020 (85 FR 69515), to
extend the exemption period and to
allow more time for nations to
implement regulatory programs and
apply for comparability findings for
their fisheries. Additional information
on the basis for the extension was
provided in the interim final rule and is
not repeated here. The interim final rule
established a 30-day comment period
and NMFS considered those comments
in making determinations about this
subsequent final rule.
VerDate Sep<11>2014
16:05 Oct 20, 2022
Jkt 259001
Modification of Deadlines
Comment 1: One commenter
supported the modification of deadlines
under the MMPA Import Provisions.
These modifications include: (1)
extending the five-year exemption
period by one year through December
31, 2022; and (2) changing the initial
comparability finding application
deadline from March 1 to November 30,
2021. Another commenter opposed both
extensions, and urged the agency to
maintain the original comparability
finding application deadline of March 1,
2021, and the original exemption period
end date of December 31, 2021, as
established in the final rule
implementing the MMPA Import
Provisions (81 FR 54389; August 15,
2016).
Response: NMFS finds that extending
the exemption period and the
comparability finding application
deadline is warranted and necessary
due to delays in administrative actions
attributable to diversion of
governmental resources in response to
the unprecedented COVID–19
pandemic. The pandemic has caused
significant strains on foreign nations’
operations and disruptions in research,
legislative and regulatory processes.
Providing nations with additional time
to implement regulatory programs will
allow more nations to meet the
requirements of the MMPA Import
Provisions and thereby enhance marine
mammal conservation.
Effects of the COVID–19 Pandemic on
Seafood Trade and Marine Mammals
Comment 1: One commenter noted
that the COVID–19 pandemic has
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Frm 00024
Fmt 4700
Sfmt 4700
disrupted the global seafood supply
chain. They expressed concerns that,
without the modification of the
deadlines, imposition of trade
restrictions could cause further
disruptions in the seafood supply chain.
They noted such an impact could also
affect U.S. seafood exporters.
Response: NMFS concurs that the
pandemic affected the global seafood
supply chain and continues to affect
supply chains with labor shortages and
transit delays. As such, NMFS believes
extending the deadlines can reduce
further disruptions to trade and
additional burdens on the supply chain.
Comment 2: One commenter
expressed a concern that the original
five-year exemption period in the 2016
final rule implementing the MMPA
Import Provisions was a poor decision.
The commenter also disagreed with the
extension of the exemption period and
the revised deadline for comparability
finding applications as specified in the
interim final rule. In allowing for the
original exemption periods, they
asserted NMFS’ action led to the loss of
millions of marine mammals, and that
the decision to extend the exemption
period and the deadline for
comparability finding applications will
lead to the killing of, or cause serious
injury to, over half a million marine
mammals.
Response: NMFS has no supporting
information to conclude that extending
the exemption period and the deadline
for comparability finding applications
will result in mortality or serious injury
of over half a million marine mammals.
On the contrary, NMFS believes that
allowing more time for nations to
develop regulatory programs governing
the bycatch of marine mammals that are
comparable in effectiveness to U.S.
regulations is likely to achieve more
robust conservation efforts for marine
mammals. If nations are subject to the
original deadlines, and cannot achieve
comparable regulatory programs in time,
trade restrictions could reduce the
incentive for additional actions to
conserve marine mammals. Further, it is
not likely that loss of access to the U.S.
market would, by itself, result in a
shutdown of foreign fisheries that
interact with marine mammals.
Comment 3: One commenter wrote
that a procedure included in the final
rule implementing the MMPA Import
Provisions (81 FR 54389, 54393)—that
NMFS will consult with nations
unlikely to receive a comparability
finding—is the sufficient mechanism to
remedy any trouble to meet deadlines
due to the pandemic instead of an
extension.
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Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Rules and Regulations
Response: While NMFS will consult
with countries unlikely to receive a
comparability finding, having
consultations without an extension
continues to exert burdens on many
nations due to delays cascading from
the pandemic and subsequent labor
shortages (including within foreign
fishery ministries) and supply chain
issues. As a result, nations need more
time to establish comparable regulatory
programs. The extension will increase
the likelihood that nations will be able
to implement comparable regulatory
programs after consultations with
NMFS.
jspears on DSK121TN23PROD with RULES
Administrative Procedure Act (APA)
Comment 1: One commenter wrote
that NMFS’ decision to issue the interim
final rule was arbitrary and capricious
under the APA. They asserted that
NMFS violated the APA by waiving the
usual 30-day opportunity for public
comment, and that NMFS’ application
of the good cause exception under the
APA is inappropriate.
Response: NMFS found good cause to
issue the interim final rule to extend the
exemption period and revise the
deadline for applications without
advance notice or the prior opportunity
for public comment, as well as good
cause to make the rule effective
immediately without providing a 30-day
delay. The basis for these findings was
the need to expeditiously notify
exporting nations of the extended time
for submitting their comparability
finding applications. Advance notice
and prior opportunity for comment, or
delayed effectiveness, would not have
served the purposes of the extension
and would have been contrary to the
public interest in allowing exporting
nations sufficient planning time to
submit complete comparability finding
applications so as to implement fully
effective programs to mitigate marine
mammal bycatch.
Further Extension of the Exemption
Period
NMFS continued its outreach and
technical consultations with seafood
exporting nations during the extended
exemption period to assist them in
submitting applications for
comparability findings by the extended
deadline of November 30, 2021. Many
nations submitted applications by the
deadline and a few others were able to
complete applications after follow-up
consultations with NMFS. Ultimately,
NMFS received applications for
comparability findings from 132 nations
and for 2,504 foreign fisheries.
NMFS staff reviewing applications
have encountered a significant need to
VerDate Sep<11>2014
16:05 Oct 20, 2022
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further consult with nations while
evaluating the 2,504 foreign fisheries
regarding the marine mammal bycatch
mitigation programs described in their
submissions. To complete review and
evaluate comparability, staff have raised
questions regarding species of marine
mammals interacting with fishing gear,
abundance estimates for those species,
fishery monitoring programs to measure
bycatch, and measures of effectiveness
for the applied bycatch mitigation
techniques. In addressing these
questions, NMFS staff have experienced
time delays in communicating with
foreign counterparts and for translation
of submitted responses.
Therefore, NMFS is extending the
exemption period by one additional
year. This change is warranted because
of the need for clarity on all foreign
fishery regulatory programs and for
more time so that all applications from
the 132 nations and the 2,504 foreign
fisheries can be reviewed fairly and
consistently.
Classification
This rule is published under the
authority of the Marine Mammal
Protection Act, 16 U.S.C. 1371. The
NMFS Assistant Administrator has
determined that this final rule is
consistent with the Marine Mammal
Protection Act and other applicable
laws. Under NOAA Administrative
Order (NAO 216–6), the promulgation of
regulations that are procedural and
administrative in nature are
categorically excluded from the
requirement to prepare an
Environmental Assessment.
Administrative Procedure Act
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Frm 00025
Fmt 4700
Sfmt 9990
Executive Order 12866
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Paperwork Reduction Act
This final rule contains no new or
revised collection-of-information
requirements subject to the Paperwork
Reduction Act.
List of Subjects in 50 CFR Part 216
Administrative practice and
procedure, Exports, Marine mammals,
Reporting and recordkeeping
requirements.
Dated: October 18, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, the interim rule amending 50
CFR part 216, which was published at
85 FR 69515 on November 3, 2020, is
adopted as final with the following
change:
PART 216—REGULATIONS
GOVERNING THE TAKING AND
IMPORTING OF MARINE MAMMALS
1. The authority citation for part 216
continues to read as follows:
■
Authority: 16 U.S.C. 1361 et seq.
2. In § 216.3, the definition for
‘‘Exemption period’’ is revised to read
as follows:
■
§ 216.3
NOAA issues this final rule to extend
the exemption period without a 30-day
delay in effective date. A delay in
effective date is not required under
section 553(d)(1) of the Administrative
Procedure Act because this final rule
grants an exemption by extending the
exemption period through December 31,
2023. This extension will give NMFS
more time to ensure consistency in its
evaluations of foreign nation regulatory
programs and give exporting nations
more time to adjust supply chains in
response to any trade restrictions that
might be applied. Furthermore, NOAA
finds good cause to issue this final rule
without a delay in effective date under
section 553(d)(3) of the Administrative
Procedure Act because such delay
would not serve the purposes of the
extension and would be contrary to the
public interest in avoiding confusion
about near term deadlines faced by
exporting nations.
63957
Definitions.
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Exemption period means the period
during which commercial fishing
operations that are the source of exports
of commercial fish and fish products to
the United States will be exempt from
the prohibitions of § 216.24(h)(1). The
exemption period extends through
December 31, 2023.
*
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[FR Doc. 2022–22965 Filed 10–20–22; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\21OCR1.SGM
21OCR1
]]>Agencies
[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Rules and Regulations]
[Pages 63955-63957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22965]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 221017-0216]
RIN 0648-BK06
Modification of Deadlines Under the Fish and Fish Product Import
Provisions of the Marine Mammal Protection Act
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to revise the regulations
implementing the import provisions of the Marine Mammal Protection Act
(MMPA). This final rule extends, by one year, the exemption period to
end December 31, 2023.
DATES: This final rule is effective October 21, 2022.
FOR FURTHER INFORMATION CONTACT: Kellie Foster-Taylor, Office of
International Affairs, Trade, and Commerce NMFS by email at
[email protected] or by phone at 301-427-7721.
SUPPLEMENTARY INFORMATION:
[[Page 63956]]
Background
On August 15, 2016, NMFS published a final rule (81 FR 54389)
implementing the MMPA Import Provisions (16 U.S.C. 1371 (a)(2)). These
provisions prohibit the import of fish or fish products from commercial
fishing operations that result in the incidental mortality or serious
injury of marine mammals in excess of United States standards.
Specifically, this rule established conditions for evaluating a
harvesting nation's regulatory programs to address incidental and
intentional mortality and serious injury of marine mammals (hereafter
referred to as bycatch) in its fisheries producing fish and fish
products exported to the United States.
Fish and fish products from export and exempt fisheries identified
by the Assistant Administrator for Fisheries in the List of Foreign
Fisheries (LOFF) can only be imported into the United States if the
harvesting nation has applied for and received a Comparability Finding
from NMFS. The 2016 final rule established procedures that a harvesting
nation must follow, and conditions it must meet, to receive a
Comparability Finding for a fishery. The rule also established
provisions for intermediary nations to ensure that such nations do not
import and re-export to the United States fish or fish products that
are subject to an import prohibition applicable to the harvesting
nation.
Exemption Period
Under the MMPA Import Provisions, NMFS established an initial five-
year exemption period for foreign nations to develop, as appropriate,
fishery regulatory programs governing the bycatch of marine mammals
that are comparable in effectiveness to U.S. regulations. During the
exemption period, the prohibitions of the MMPA Import Provisions do not
apply to imports from the harvesting nation. NMFS established the
exemption period to provide nations with adequate time to assess marine
mammal stocks, estimate bycatch, and develop regulatory programs to
mitigate that bycatch.
NMFS issued an interim final rule on November 3, 2020 (85 FR
69515), to extend the exemption period and to allow more time for
nations to implement regulatory programs and apply for comparability
findings for their fisheries. Additional information on the basis for
the extension was provided in the interim final rule and is not
repeated here. The interim final rule established a 30-day comment
period and NMFS considered those comments in making determinations
about this subsequent final rule.
Responses to Comments
NMFS received submissions from three commenters on the interim
final rule. Commenters included one non-governmental organization, one
industry group, and one private citizen. One commenter raised an issue
that was not germane to this action, because it addressed prior
decision-making on the timeline of the previously-issued final rule
implementing the MMPA Import Provisions (81 FR 54389; August 15, 2016).
The other comments either supported or opposed the deadline extensions
under the interim final rule. Comments received on the interim final
rule are available for public review at https://www.regulations.gov/
under the docket identifier ``NOAA-NMFS-2020-0127''. In the following
sections, NMFS summarizes and responds to issues raised by commenters
which are relevant to the 2020 decision to extend the exemption period.
Modification of Deadlines
Comment 1: One commenter supported the modification of deadlines
under the MMPA Import Provisions. These modifications include: (1)
extending the five-year exemption period by one year through December
31, 2022; and (2) changing the initial comparability finding
application deadline from March 1 to November 30, 2021. Another
commenter opposed both extensions, and urged the agency to maintain the
original comparability finding application deadline of March 1, 2021,
and the original exemption period end date of December 31, 2021, as
established in the final rule implementing the MMPA Import Provisions
(81 FR 54389; August 15, 2016).
Response: NMFS finds that extending the exemption period and the
comparability finding application deadline is warranted and necessary
due to delays in administrative actions attributable to diversion of
governmental resources in response to the unprecedented COVID-19
pandemic. The pandemic has caused significant strains on foreign
nations' operations and disruptions in research, legislative and
regulatory processes. Providing nations with additional time to
implement regulatory programs will allow more nations to meet the
requirements of the MMPA Import Provisions and thereby enhance marine
mammal conservation.
Effects of the COVID-19 Pandemic on Seafood Trade and Marine Mammals
Comment 1: One commenter noted that the COVID-19 pandemic has
disrupted the global seafood supply chain. They expressed concerns
that, without the modification of the deadlines, imposition of trade
restrictions could cause further disruptions in the seafood supply
chain. They noted such an impact could also affect U.S. seafood
exporters.
Response: NMFS concurs that the pandemic affected the global
seafood supply chain and continues to affect supply chains with labor
shortages and transit delays. As such, NMFS believes extending the
deadlines can reduce further disruptions to trade and additional
burdens on the supply chain.
Comment 2: One commenter expressed a concern that the original
five-year exemption period in the 2016 final rule implementing the MMPA
Import Provisions was a poor decision. The commenter also disagreed
with the extension of the exemption period and the revised deadline for
comparability finding applications as specified in the interim final
rule. In allowing for the original exemption periods, they asserted
NMFS' action led to the loss of millions of marine mammals, and that
the decision to extend the exemption period and the deadline for
comparability finding applications will lead to the killing of, or
cause serious injury to, over half a million marine mammals.
Response: NMFS has no supporting information to conclude that
extending the exemption period and the deadline for comparability
finding applications will result in mortality or serious injury of over
half a million marine mammals. On the contrary, NMFS believes that
allowing more time for nations to develop regulatory programs governing
the bycatch of marine mammals that are comparable in effectiveness to
U.S. regulations is likely to achieve more robust conservation efforts
for marine mammals. If nations are subject to the original deadlines,
and cannot achieve comparable regulatory programs in time, trade
restrictions could reduce the incentive for additional actions to
conserve marine mammals. Further, it is not likely that loss of access
to the U.S. market would, by itself, result in a shutdown of foreign
fisheries that interact with marine mammals.
Comment 3: One commenter wrote that a procedure included in the
final rule implementing the MMPA Import Provisions (81 FR 54389,
54393)--that NMFS will consult with nations unlikely to receive a
comparability finding--is the sufficient mechanism to remedy any
trouble to meet deadlines due to the pandemic instead of an extension.
[[Page 63957]]
Response: While NMFS will consult with countries unlikely to
receive a comparability finding, having consultations without an
extension continues to exert burdens on many nations due to delays
cascading from the pandemic and subsequent labor shortages (including
within foreign fishery ministries) and supply chain issues. As a
result, nations need more time to establish comparable regulatory
programs. The extension will increase the likelihood that nations will
be able to implement comparable regulatory programs after consultations
with NMFS.
Administrative Procedure Act (APA)
Comment 1: One commenter wrote that NMFS' decision to issue the
interim final rule was arbitrary and capricious under the APA. They
asserted that NMFS violated the APA by waiving the usual 30-day
opportunity for public comment, and that NMFS' application of the good
cause exception under the APA is inappropriate.
Response: NMFS found good cause to issue the interim final rule to
extend the exemption period and revise the deadline for applications
without advance notice or the prior opportunity for public comment, as
well as good cause to make the rule effective immediately without
providing a 30-day delay. The basis for these findings was the need to
expeditiously notify exporting nations of the extended time for
submitting their comparability finding applications. Advance notice and
prior opportunity for comment, or delayed effectiveness, would not have
served the purposes of the extension and would have been contrary to
the public interest in allowing exporting nations sufficient planning
time to submit complete comparability finding applications so as to
implement fully effective programs to mitigate marine mammal bycatch.
Further Extension of the Exemption Period
NMFS continued its outreach and technical consultations with
seafood exporting nations during the extended exemption period to
assist them in submitting applications for comparability findings by
the extended deadline of November 30, 2021. Many nations submitted
applications by the deadline and a few others were able to complete
applications after follow-up consultations with NMFS. Ultimately, NMFS
received applications for comparability findings from 132 nations and
for 2,504 foreign fisheries.
NMFS staff reviewing applications have encountered a significant
need to further consult with nations while evaluating the 2,504 foreign
fisheries regarding the marine mammal bycatch mitigation programs
described in their submissions. To complete review and evaluate
comparability, staff have raised questions regarding species of marine
mammals interacting with fishing gear, abundance estimates for those
species, fishery monitoring programs to measure bycatch, and measures
of effectiveness for the applied bycatch mitigation techniques. In
addressing these questions, NMFS staff have experienced time delays in
communicating with foreign counterparts and for translation of
submitted responses.
Therefore, NMFS is extending the exemption period by one additional
year. This change is warranted because of the need for clarity on all
foreign fishery regulatory programs and for more time so that all
applications from the 132 nations and the 2,504 foreign fisheries can
be reviewed fairly and consistently.
Classification
This rule is published under the authority of the Marine Mammal
Protection Act, 16 U.S.C. 1371. The NMFS Assistant Administrator has
determined that this final rule is consistent with the Marine Mammal
Protection Act and other applicable laws. Under NOAA Administrative
Order (NAO 216-6), the promulgation of regulations that are procedural
and administrative in nature are categorically excluded from the
requirement to prepare an Environmental Assessment.
Administrative Procedure Act
NOAA issues this final rule to extend the exemption period without
a 30-day delay in effective date. A delay in effective date is not
required under section 553(d)(1) of the Administrative Procedure Act
because this final rule grants an exemption by extending the exemption
period through December 31, 2023. This extension will give NMFS more
time to ensure consistency in its evaluations of foreign nation
regulatory programs and give exporting nations more time to adjust
supply chains in response to any trade restrictions that might be
applied. Furthermore, NOAA finds good cause to issue this final rule
without a delay in effective date under section 553(d)(3) of the
Administrative Procedure Act because such delay would not serve the
purposes of the extension and would be contrary to the public interest
in avoiding confusion about near term deadlines faced by exporting
nations.
Executive Order 12866
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Paperwork Reduction Act
This final rule contains no new or revised collection-of-
information requirements subject to the Paperwork Reduction Act.
List of Subjects in 50 CFR Part 216
Administrative practice and procedure, Exports, Marine mammals,
Reporting and recordkeeping requirements.
Dated: October 18, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, the interim rule amending
50 CFR part 216, which was published at 85 FR 69515 on November 3,
2020, is adopted as final with the following change:
PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE
MAMMALS
0
1. The authority citation for part 216 continues to read as follows:
Authority: 16 U.S.C. 1361 et seq.
0
2. In Sec. 216.3, the definition for ``Exemption period'' is revised
to read as follows:
Sec. 216.3 Definitions.
* * * * *
Exemption period means the period during which commercial fishing
operations that are the source of exports of commercial fish and fish
products to the United States will be exempt from the prohibitions of
Sec. 216.24(h)(1). The exemption period extends through December 31,
2023.
* * * * *
[FR Doc. 2022-22965 Filed 10-20-22; 8:45 am]
BILLING CODE 3510-22-P
