Federal Register - March 23, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Rules and Regulations IATTC resolutions apply in the overlap area and some regulations implementing WCPFC decisions apply in the overlap area. The June 2020 Final Rule revised certain recordkeeping and reporting requirements so that they no longer apply in the overlap area. Specifically, the transshipment reporting requirements at 50 CFR 300.218b and d, the discard reporting requirements at 50 CFR 300.218e, the net sharing reporting requirements at 50 CFR
300.218f, the daily purse seine fishing effort reports at 50 CFR 300.218g, and the whale shark reporting requirements at 50 CFR 300.218h no longer apply in the overlap area. A more detailed description of these changes can be found in the June 2020 Final Rule. The June 2020 Final Rule was published in the Federal Register on June 22, 2020
85 FR 37376, and the associated regulations are found at 50 CFR part 300. Other than the changes to the collection-of-information requirements at 50 CFR 300.218, the requirements of the June 2020 Final Rule entered into effect on July 22, 2020. On November 10, 2020, OMB approved the collectionof-information requirements contained in the June 2020 Final Rule under OMB
Control Numbers 06480649 and 0648
0218, which specified that certain reporting and recordkeeping requirements no longer apply in the overlap area. Other existing collectionof-information requirements under OMB
Control Numbers 06480148, 0648
0595, and 06480204 continue to apply in the overlap area. Accordingly, this final rule announces the approval and effective date of the changes to the reporting requirements found in the regulations at 50 CFR 300.218c, d, e, f, g, and h, and reflected in OMB Control Numbers 06480649 and 06480218.

further exercise of agency discretion by NMFS or OMB. Moreover, the public has had prior notice and the opportunity to comment on the collection-of-information requirements.
NMFS published a proposed rule including some of the changes to the collection-of-information requirements 84 FR 60040; November 7, 2019, with comments accepted until November 22, 2019. No comments were received relating to the changes to collection-ofinformation requirements. The June 2020 Final Rule 85 FR 37376; June 22, 2020 included additional changes to the collection-of-information requirements. As explained in the June 2020 Final Rule, the transshipment reporting requirements at 50 CFR
300.218b and d, the discard reporting requirements at 50 CFR 300.218e, the net sharing reporting requirements at 50
CFR 300.218f, the daily purse seine fishing effort reports at 50 CFR
300.218g, and the whale shark reporting requirements at 50 CFR
300.218h no longer apply in the overlap area. The whale shark reporting requirements were described as no longer applicable in the overlap area under the proposed rule. However, the other requirements listed are changes from the proposed rule in response to comments on the proposed rule. In addition, the June 2020 Final Rule indicated that this final rule would be published to announce the effective date for the reporting requirements upon OMB approval of OMB Control Numbers 06480649 and 06480218.
Because this rule relieves a restriction by putting into effect changes to certain reporting requirements so that they no longer apply in the overlap area, it is not subject to the 30-day delayed effectiveness provision of the APA
pursuant to 5 U.S.C. 553d1.

Classification The Administrator, Pacific Islands Region, NMFS, has determined that this final rule is consistent with the WCPFC
Implementation Act, and other applicable laws.

Executive Order 12866
The June 2020 Final Rule that amended the requirements at 50 CFR
300.218 was determined to be not significant for purposes of Executive Order 12866. The June 2020 Final Rule removed certain regulations from application in the overlap area and revised certain reporting requirements so that they no longer apply in the overlap area. This final rule makes effective the revisions to reporting requirements for which the effective date was delayed in the June 2020 Final Rule.

Administrative Procedure Act APA
Pursuant to 5 U.S.C. 553bB, there is good cause to waive prior notice and opportunity for public comment for this action because notice and comment would be unnecessary and contrary to the public interest. This action simply provides notice of OMBs approval of the changes to the reporting requirements, which were described in the proposed rule 84 FR 60040;
November 7, 2019 and the June 2020
Final Rule 85 FR 37376; June 22, 2020.
Thus, this action does not involve any
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Regulatory Flexibility Act Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the
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Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable to this particular action. However, we note that, as described in the proposed rule and the June 2020 Final Rule, an initial regulatory flexibility analysis and final regulatory flexibility analysis were prepared and published for the regulatory changes that would go into effect with this final rule. Please see 84
FR 60040, published November 7, 2019
and 85 FR 37376, published June 22, 2020.
Paperwork Reduction Act This final rule contains collection-ofinformation requirements, which are subject to the Paperwork Reduction Act PRA, and which OMB approved under OMB Control Numbers 06480649 and 06480218. Specifically, the purse seine discard reporting requirements, purse seine net sharing reporting requirements, and purse seine daily effort reports at 50 CFR 300.218 no longer apply in the overlap area. The transshipment reporting requirements and transshipment notice requirements at 50 CFR 300.218 no longer apply in the overlap area to transshipment of fish caught in the overlap area, but continue to apply to fish caught in other parts of the area of application of the Convention on the Conservation of Highly Migratory Species in the Western and Central Pacific Ocean and transshipped in the overlap area. The purse seine whale shark encirclement reporting requirements at 50 CFR
300.218 also no longer apply in the overlap area, but similar reporting requirements at 50 CFR 300.22 do apply. Because this final rule makes effective certain changes to reporting and recordkeeping requirements so that they no longer apply in the overlap area, this final rule would not affect the estimated public reporting burden of these collections. Written comments regarding the burden-hour estimates or other aspects of the collection-ofinformation requirements contained in this final rule may be submitted to NMFS see ADDRESSES and to www.reginfo.gov/public/do/PRAMain.
Find this particular information collection by selecting Currently under 30-day ReviewOpen for Public Comments or by using the search function.
Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection-of-information subject to the requirements of the PRA, unless that collection-of-information displays a currently valid OMB control number.
All currently approved NOAA

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Federal Register - March 23, 2021

TitoloFederal Register

PaeseStati Uniti

Data23/03/2021

Conteggio pagine174

Numero di edizioni7798

Prima edizione14/03/1936

Ultima edizione18/06/2026

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