Emergency Measures To Address Fishery Observer Coverage During the COVID–19 Coronavirus Pandemic (85 FR 17285)

§ 63.53 Form. found on the MyIBFS internet site at the observers and trainers. http://licensing.fcc.gov/myibfs, under (a) Applications for international DATES: Effective March 24, 2020 through the Using IBFS link. service under section 214 of the September 23, 2020. Comments must be ■ 7. Revise § 1.10010 to read as follows: Communications Act must be filed received by April 27, 2020. electronically with the Commission.

§ 1.10010 Do I need to send paper copies ADDRESSES: Written comments, Subject to the availability of electronic with my electronic applications? identified by NOAA–NMFS–2020–0036, forms, all applications and other filings When you file electronically through may be submitted to NMFS using an described in this section must be filed MyIBFS, the electronic record is the electronic submission via the Federal e- electronically through the International official record. You do not need to Rulemaking portal. Go to https:// Bureau Filing System (MyIBFS). A list submit paper copies of your application. www.regulations.gov/docket?D=NOAA- of forms that are available for electronic ■ 8. Amend § 1.10011 by revising NMFS-2020-0036, click the ‘‘Comment filing can be found on the MyIBFS paragraphs (a) through (c) and (d) Now!’’ icon, complete the required homepage. For information on introductory text to read as follows: fields, and enter or attach your electronic filing requirements, see comments. khammond on DSKJM1Z7X2PROD with RULES

§ 1.10011 Who may sign applications? §§ 1.10000 through 1.10018 of this Comments sent by any other method, (a) The Commission only accepts chapter and the MyIBFS homepage at to any other address or individual, or electronic applications. An electronic http://www.fcc.gov/ibfs. See also received after the end of the comment application is ‘‘signed’’ when there is an § 63.20. period, may not be considered by electronic signature. An electronic * * * * * NMFS. All comments received are a part signature is the typed name of the [FR Doc. 2020–05800 Filed 3–26–20; 8:45 am] of the public record and generally will person ‘‘signing’’ the application, which BILLING CODE 6712–01–P be posted for public viewing on VerDate Sep<11>2014 15:46 Mar 26, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\27MRR1.SGM 27MRR1 17286 Federal Register / Vol. 85, No. 60 / Friday, March 27, 2020 / Rules and Regulations www.regulations.gov without change. also placed at fish processing plants and possible in terms of duration and scope All personal identifying information collect additional information, such as to meet the particular circumstances. (e.g., name, address, etc.), confidential that associated with a prohibited species Such waivers will be communicated in business information, or otherwise census. Regulations requiring observer writing or electronic format. At any sensitive information submitted coverage do not expressly address the time, if the circumstances for a waiver voluntarily by the sender will be circumstances when NMFS may waive are no longer applicable, NMFS will publicly accessible. NMFS will accept coverage due to a public health withdraw, in writing or electronic anonymous comments (enter ‘‘N/A’’ in emergency. Further, some observer format, that waiver. In making decisions the required fields if you wish to remain coverage regulations stipulate specific regarding observer coverage waivers, anonymous). training and other program NMFS will gather information, if FOR FURTHER INFORMATION CONTACT: requirements that observers must meet needed, from relevant observer service Kelly Denit at 301–427–8517. in order to continue to serve as an providers and other parties involved observer, and do not address when with observer coverage before issuing SUPPLEMENTARY INFORMATION: NMFS may waive such requirements. the waivers. Additionally, NMFS will Background Consistent with applicable law and take into account the ability of NMFS is promulgating this emergency international obligations, this fishermen who are subject to observer action in response to the evolving emergency action will allow NMFS, coverage to adjust operations in COVID–19 pandemic. Currently, NMFS under certain circumstances related to response to this pandemic, such as for requires many fishing vessels to carry an the COVID–19 pandemic, to waive those fisheries that have year-round observer as part of a mandatory observer observer coverage and some training access compared with those that have program (or provides for voluntary and other program requirements for only seasonal availability of fish. observers. This emergency action also allows observer programs) under the MSA (16 Given the COVID–19 pandemic, the NMFS to waive certain observer training U.S.C. 1801 et seq.) and other Federal resulting national and local declarations and other observer program fishery statutes, including the Marine of emergency, and guidance from the requirements (e.g., requiring a minimum Mammal Protection Act (MMPA, 16 Centers for Disease Control and class size or requiring that observers U.S.C. 1361 et seq.), and statutes Prevention, NMFS has determined that transfer to other vessels between trips). implementing international agreements, an emergency action is needed to enable Before doing so, NMFS will ensure that such as the Atlantic Tunas Convention NMFS to waive observer coverage and any such waiver does not remove Act (16 U.S.C. 971 et seq.), South Pacific some related training and other program requirements that ensure the health and Tuna Act of 1988 (16 U.S.C. 973 et seq.), requirements. This emergency action safety of the observer or observer Western and Central Pacific would permit waivers in appropriate trainer. Commission Implementation Act (16 circumstances to protect public health This emergency action is effective on U.S.C. 6901 et seq.), Western and and to ensure the safety of fishermen, March 24, 2020. However, NMFS is Central Pacific Fisheries Convention observers, and other persons involved soliciting public comment on this Implementation Act (16 U.S.C. 6901 et with observer coverage, while meeting temporary rule, and will consider any seq.), Antigua Convention Implementing conservation needs and providing an comments received as it evaluates Act (16 U.S.C. 951 et seq.), High Seas ongoing supply of fish to markets. whether any modifications to the Fishing Compliance Act (16 U.S.C. 5501 emergency measures are needed. NMFS et seq.), and the Agreement on the Emergency Management Measures will continue to monitor and evaluate International Dolphin Conservation Under this emergency action, NMFS the COVID–19 pandemic and will take Program as per MMPA. National may waive observer coverage additional action if needed. Unless observer regulations for the adequacy of requirements if: otherwise determined, NMFS a vessel for safety purposes are at 50 • Local, State, or national anticipates that these emergency CFR 600.746, but there are also fishery- governments, or private companies or measures will be effective until the specific regulations regarding observers. organizations that deploy observers earlier of the following dates: (1) The Many fisheries across the Nation are pursuant to NMFS regulations, restrict date when the current COVID–19 subject to mandatory observer coverage travel or otherwise issue COVID–19- pandemic is no longer deemed a public requirements that prohibit a vessel from related social control guidance, or health emergency by the Secretary of fishing unless it carries one or more requirement(s) addressing COVID–19- Health and Human Services; and (2) observers or at-sea monitors. While related concerns, such that it is September 23, 2020, with a possible observers most frequently are deployed inconsistent with the requirement(s) or extension of 186 days following that on fishing vessels, they are also not recommended to place an date, see MSA section 305(c)(3)(B), 16 deployed on motherships and at observer(s); or U.S.C. 1855(c)(3)(B), if necessary. As shoreside locations, including first • No qualified observer(s) are warranted, if this emergency continues receivers and processing facilities. available for placement due to health, beyond the end of the 186-day extension Observers can also be called ‘‘catch- safety, or training issues related to period, NMFS may consult with the monitors’’ or ‘‘at-sea monitors.’’ COVID–19. Secretary of Health and Human Services Observers provide critical fishery- If either of these conditions is pursuant to MSA section 305(c)(3)(C) or dependent data, which are used to satisfied, then NMFS may waive may conduct more permanent manage fisheries pursuant to catch observer coverage requirements for an rulemaking. limits, collect information on bycatch, individual trip or vessel, an entire NMFS expects this emergency action khammond on DSKJM1Z7X2PROD with RULES and monitor compliance. Observers also fishery or fleet, or all fisheries to advance the protection of and to collect biological information that may administered under a NMFS Regional promote public health and the safety of not otherwise be collected. In some Office (see 50 CFR 600.10 (defining fishermen, observers, and other parties fisheries, observers are placed on only a Region) and https:// in the area that may come in contact portion of fishing vessel trips, while in www.fisheries.noaa.gov/regions) or with those persons, consistent with other fisheries, observers are placed on NMFS Headquarters Office. However, relevant guidance and any local, State, every fishing vessel trip. Observers are waivers should be issued as narrowly as and national requirements, and to help VerDate Sep<11>2014 15:46 Mar 26, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\27MRR1.SGM 27MRR1 Federal Register / Vol. 85, No. 60 / Friday, March 27, 2020 / Rules and Regulations 17287 secure the economic well-being of the (16 U.S.C. 6901 et seq.), Western and comment. Prior notice and opportunity Nation. NMFS will consider applicable Central Pacific Fisheries Convention for public comment would be contrary law (e.g., the Endangered Species Act Implementation Act (16 U.S.C. 6901 et to the public interest, as this action is and the statutes noted above) and seq.), Antigua Convention Implementing needed immediately to enable NMFS to international obligations when making Act (16 U.S.C. 951 et seq.), High Seas respond to evolving, public safety- decisions about observer coverage Fishing Compliance Act (16 U.S.C. 5501 related concerns. NMFS is waivers. In issuing such waivers, NMFS et seq.), and MMPA (16 U.S.C. 1361 et implementing this emergency action to will carefully monitor the status of the seq.). This temporary rule is intended to authorize action to prevent any fishery and/or protected species that authorize NMFS to waive any observer potential health issues caused by were being observed or monitored to requirement implemented under any of spreading the virus to fishermen, ensure that the relevant conservation those authorities, consistent with other observers, technicians, and other and management goals are still being applicable law. Consistent with MSA persons involved with observer met. If needed to address any significant section 305(c)(3)(B), this action will coverage. Any delay of implementation issues or concerns, or if NMFS remain in effect as to all such of this emergency action could result in determines that a waiver cannot be requirements for 180 days, with a public health and safety issues during issued (e.g., observer coverage is possible extension of up to an this global pandemic. In addition, this required due to other applicable law or additional 186 days (unless, prior to emergency action is needed to address international obligations), NMFS may these dates, the current COVID–19 potential disruptions in observer and implement additional, separate actions pandemic is no longer deemed a public technician availability due to health, (e.g., fishery closures, additional health emergency by the Secretary of training or travel issues or COVID–19- monitoring) per existing regulations or Health and Human Services, in which related guidance, requirements, or may issue emergency regulations, as case NMFS anticipates that a notice of restrictions. necessary and appropriate. As a result, termination of this temporary rule For the reasons stated above, the AA no ecological or socioeconomic impacts would be filed in the Federal Register also finds good cause to waive the 30- are expected by this temporary rule pursuant to MSA section 305(c)(3)(D)). day delay in effective date of this beyond any caused by the COVID–19 If this emergency needs to be extended temporary rule under 5 U.S.C. 553(d)(3). pandemic itself. beyond that time, or if this public health Because prior notice and opportunity Classification emergency evolves to the point where it for public comment are not required for is deemed necessary, NMFS will consult this temporary rule by 5 U.S.C. 553 or This action is issued pursuant to with the Secretary of Health and Human any other law, the analytical section 305(c) of the MSA, 16 U.S.C. Services, pursuant to MSA section requirements of the Regulatory 1855(c), and pursuant to the rulemaking 305(c)(3)(C), to seek the Secretary’s Flexibility Act, 5 U.S.C. 601 et seq., are authority under other statutes that apply concurrence on extending the action inapplicable. to Federal fisheries management or that implement international agreements. until the circumstances that created the Dated: March 24, 2020. Such statutes include, but are not public health emergency related to Samuel D. Rauch III, limited to, the Atlantic Tunas COVID–19 no longer exist. Deputy Assistant Administrator for Convention Act (16 U.S.C. 971 et seq.), The Assistant Administrator for Regulatory Programs, National Marine South Pacific Tuna Act of 1988 (16 Fisheries, NOAA (AA), finds good cause Fisheries Service. U.S.C. 973 et seq.), Western and Central under 5 U.S.C. 553(b)(B) to waive prior [FR Doc. 2020–06426 Filed 3–24–20; 4:15 pm] Pacific Commission Implementation Act notice and the opportunity for public BILLING CODE 3510–22–P khammond on DSKJM1Z7X2PROD with RULES VerDate Sep<11>2014 17:03 Mar 26, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4700 Sfmt 9990 E:\FR\FM\27MRR1.SGM 27MRR1