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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
narrowly tailored waivers in terms of duration and scope. Thus, even where coverage has been waived, observers are being deployed and data are being collected on a subset of trips in these fisheries. The observer data collected on these trips can be compared with data collected in previous years to determine similarities and differences in catch between current and previous years and monitor the conservation and management goals of the fisheries. In addition, where possible, regional observer programs are making adjustments to increase observer deployments so that coverage goals are achieved on a seasonal basis.
With this interim final rule, NMFS
will continue to carefully monitor the status of the fishery and/or protected species that are being observed or monitored to ensure that the relevant conservation and management goals are still being met under any reduced observer coverages. If needed to address any significant issues or concerns, or if NMFS determines that a waiver cannot be issued e.g., observer coverage is required due to other applicable law or international obligations, NMFS will consider whether additional, separate actions e.g., fishery closures or additional monitoring should be implemented per existing regulations or may issue emergency regulations, as necessary and appropriate. As a result, no ecological impacts are expected by this extension of the Observer Waiver Rule beyond any caused by the COVID
19 pandemic itself.
Extension of Emergency Management Measures Under this interim final rule, NMFS
will continue to have authority to waive observer coverage requirements if:
Placing an observer conflicts with travel restrictions or other requirements addressing COVID19 related concerns issued by local, state, or national governments, or the private companies that deploy observers pursuant to NMFS
regulations; or No qualified observers are available for placement due to health, safety, or training issues related to COVID19.
If either condition is satisfied, NMFS
may waive observer coverage requirements for an individual trip or vessel, an entire fishery or fleet, or all fisheries administered under a NMFS
Regional Office see 50 CFR 600.10
defining Region and https
www.fisheries.noaa.gov/regions or NMFS Headquarters Office. In the September 2020 rule extension, NMFS
made a minor change to the first waiver criterion and provided clarifications on
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issues raised by public comments on NMFS application of the criteria. This interim final rule retains the criteria as revised, and approaches as clarified, in the September 2020 extension. As noted in the September 21, 2020 extension to the original Observer Waiver Rule, NMFS restates its policy that, under the first criteria, it will consider a trip waiver if the observer providers cannot meet the risk mitigation protocols imposed by a state on commercial fishing crew or by the vessel or vessel company on its crew. Based on its regulatory and contract oversight authority, NMFS intends to ensure that observer providers and their observers and monitors are following the same risk mitigation protocols that fishermen are following.
NMFS will issue waivers as narrowly as possible, in terms of duration and scope, to meet the particular circumstances. Such waivers would be communicated in writing or electronic format. If, at any time, the circumstances that prompted the need for a waiver change to the extent that the waiver is no longer warranted, NMFS will communicate in writing or electronic format to withdraw the waiver. In making decisions regarding observer coverage waivers, NMFS will gather information, if needed, from relevant observer service providers and other parties involved with observer coverage before issuing the waivers.
This interim final rule will allow NMFS to waive certain observer training and other observer program requirements e.g., requiring a minimum class size, experience needed for a specific endorsement level, or requiring that observers transfer to other vessels between trips. Before doing so, NMFS
will ensure that any such waiver does not remove requirements that ensure the health and safety of the observer or observer trainer.
Classification This action is issued pursuant to section 305c3C of the MSA, 16
U.S.C. 1855c, and pursuant to the rulemaking authority under other statutes that apply to Federal fisheries management or that implement international agreements. Such statutes include, but are not limited to, the Atlantic Tunas Convention Act 16
U.S.C. 971 et seq., South Pacific Tuna Act of 1988 16 U.S.C. 973 et seq., Western and Central Pacific Fisheries Convention Implementation Act 16
U.S.C. 6901 et seq., Antigua Convention Implementing Act 16
U.S.C. 951 et seq., High Seas Fishing Compliance Act 16 U.S.C. 5501 et seq., and Marine Mammal Protection Act 16

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U.S.C. 1361 et seq.. This interim final rule is intended to authorize NMFS to waive any observer requirement implemented under any of those authorities, consistent with other applicable law. Consistent with MSA
section 305c3C, this action will remain in effect as to all such requirements until March 26, 2022, or until the Secretary of HHS determines that the COVID19 pandemic is no longer a public health emergency, whichever is earlier. If this interim final rule is no longer necessary under the latter condition, NMFS will publish a notice of termination in the Federal Register pursuant to MSA section 305c3D.
Pursuant to 5 U.S.C. 553bB and 5
U.S.C. 553d3, the Assistant Administrator for Fisheries finds good cause to waive the otherwise applicable requirements for both notice-andcomment rulemaking and a 30-day delay in effectiveness for this interim final rule, which simply extends the effectiveness of the Observer Waiver Rule. The COVID19 pandemic is unpredictable. Complications from a localized COVID19 outbreak, or increases in community spread of virus mutations, combined with travel restrictions and other safety threats may unexpectedly create circumstances where it is logistically impossible to deploy observers or conduct elements of observer programs such as training that must be held in person. Fishermen are prohibited from fishing without required observer coverage, and certain observer deployments cannot proceed unless certain training requirements are meet. Therefore, NMFS must have continued authority to waive observer coverage and other observer program requirements such as training. Given the unpredictable circumstances that could arise from the COVID19 pandemic, any delay in this interim final rule could result in adverse economic impacts to fishers and impact their ability to supply seafood for the nation.
Additionally, delaying this action could cause health and safety risks posed by continuing observer deployments and other related requirements during a COVID19 outbreak.
NMFS solicited public comment when it promulgated the initial Observer Waiver Rule and responded to comments in the rule extension. For this interim final rule, NMFS also solicits public comment and will take those comments into consideration as it evaluates whether any modifications to this rule are needed.
For the above reasons, NMFS finds it impracticable and contrary to the public interest to provide prior opportunity to
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