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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
Docket No. 2103240064

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FR Doc. 202106333 Filed 32621; 8:45 am BILLING CODE 351022P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 600

Extension of Emergency Measures To Address Fishery Observer Coverage During the Coronavirus Pandemic National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Temporary rule; interim final action; request for comments.
AGENCY:

NMFS promulgates this interim final rule to revise the termination date of an emergency action that provides authority to waive observer coverage requirements. NMFS
is taking this action to address public health concerns that relate to the ongoing Coronavirus COVID19
pandemic. The intended effect of the interim final rule is to provide NMFS
with continued authority to waive observer coverage requirements when such action is necessary because of the COVID19 public health emergency and mitigation measures taken in response to it. This interim final rule will also provide NMFS with continued authority to waive some training or other program requirements to ensure that as many observers as possible are available for deployment while ensuring their safety and health and that of observer program staff who train observers.
DATES: Effective March 27, 2021, through March 26, 2022. Comments must be received by May 28, 2021.
ADDRESSES: You may submit comments on this document by using an electronic submission via the Federal e-Rulemaking portal. Go to https
www.regulations.gov and enter NOAA
NMFS20210011 in the Search box.
Click on the Comment icon, complete the required fields, and enter or attach your comments.
Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on SUMMARY:

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NMFS promulgated emergency observer waiver rulemaking in response to the COVID19 pandemic on March 27, 2020 85 FR 17285. That initial emergency action, hereafter referred to as the Observer Waiver Rule, was taken under the authority of the MagnusonStevens Fishery Conservation and Management Act MSA emergency rulemaking authority at section 305c3, 16 U.S.C. 1855c3, and was effective for 180 days. The Observer Waiver Rule authorized waiver of observer coverage and training and some other program requirements. On September 21, 2020, due to the ongoing pandemic, NMFS extended the effectiveness of the Observer Waiver Rule for 186 days, or until March 26, 2021, as allowed under MSA section 305c3B. 85 FR 59199. In promulgating the initial Observer Waiver Rule and extension, NMFS
stated that if there was a need to continue waiver measures beyond March 26, 2021, it would further extend the Observer Waiver Rule. MSA section 305c3C authorizes NMFS to promulgate an emergency regulation that responds to a public health emergency. In this situation, the emergency regulation may remain in effect until the circumstances that created the emergency no longer exist, provided that the public has an opportunity to comment after the regulation is published and that the Secretary of Health and Human Services concurs with the action. 16 U.S.C.
1855c3C. Given the ongoing COVID19 pandemic concerns and issues expected to continue through at least mid-year 2021, the continued national and local declarations of emergency, and guidance from the Centers for Disease Control and Prevention, NMFS has determined that an extension of the Observer Waiver Rule is needed.
Therefore, this interim final rule revises the termination date of the Observer Waiver Rule to March 26, 2022, or until the Secretary of Health
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and Human Services HHS determines that the COVID19 Pandemic is no longer a public health emergency, whichever is earlier. In the event of the latter case, NMFS will publish a notice of termination in the Federal Register for the Observer Waiver Rule as quickly as practicable following the declaration by the Secretary of HHS. 16 U.S.C.
1855c3D. If such notice of termination were issued, NMFS does not intend to take additional public comment, as public comment on this rule will have been considered. In addition, if a notice of termination were issued, NMFS intends to delay the effectiveness of the termination, providing NMFS the authority to waive observer coverage for an additional 30
days. The Secretary of HHS, by memo dated February 25, 2021, concurs with the extension of the Observer Waiver Rule. NMFS solicits public comment on this interim final rule through May 28, 2021, and will take into consideration any comments received as it evaluates whether any modifications to this interim final rule are needed.
This interim final rule only revises the termination date of the Observer Waiver Rule and does not change the waiver criteria. See the Extension of Emergency Management Measures section below for the criteria. For further background, see the Observer Waiver Rule, 85 FR 17285 March 27, 2020, and extension, 85 FR 59199
September 21, 2020, which includes responses to comments on the initial rule. This interim final rule will continue to advance the protection of and to promote public health and the safety of fishermen, observers, and other parties who may come in contact with those persons. NMFS will continue to consider applicable law and international obligations when making decisions about observer coverage waivers.
In issuing such waivers to date, NMFS
has carefully monitored the status of the fishery and/or protected species that were being observed or monitored to ensure that the relevant conservation and management goals are still being met. NMFS is committed to maintaining the sustainable use of our marine resources, protecting endangered species, marine mammals, and seabirds, and providing seafood to the country during the ongoing COVID19
pandemic. NMFS has and will continue to consider applicable law e.g., the Endangered Species Act and other statutes noted in the Classification section below and international obligations when prioritizing observer coverage and making decisions about observer coverage waivers. NMFS has
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