Federal Register - July 7, 2021
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Fuente: Federal Register
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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
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
NOAANMFS20200125 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 06480649, 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 06480214, 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 06480649, Transshipment Requirements Under the WCPFC, so the 06480214
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 publics 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 06480649.
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.
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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 300INTERNATIONAL
FISHERIES REGULATIONS
Subpart OWestern 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 665.803a 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 vessels intended departure: The name of the vessel; name of the operator of the vessel; a telephone number or
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