[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Rules and Regulations]
[Pages 42044-42046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18963]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket Nos. 090206140-91081-03 and 120405260-4258-02]
RIN 0648-XF673


Authorization of Revised Reporting Requirements Due to 
Catastrophic Conditions for Federal Seafood Dealers in Texas and 
Portions of Louisiana

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; determination of catastrophic conditions.

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SUMMARY: In accordance with the regulations implementing the individual 
fishing quota (IFQ) and Federal dealer reporting programs specific to 
the commercial reef fish and coastal migratory pelagic (CMP) fisheries 
in the Gulf of Mexico (Gulf), the Regional Administrator, Southeast 
Region, NMFS (RA) has determined that Hurricane Harvey has caused 
catastrophic conditions in coastal and adjacent counties in the state 
of Texas, and Cameron and Vermilion parishes in Louisiana. Consistent 
with those regulations, the RA has authorized any dealer in the 
affected area who does not have access to electronic reporting to delay 
reporting of trip tickets to NOAA Fisheries from September 1, 2017, 
through October 15, 2017. The RA has

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also authorized IFQ participants within this affected area to use 
paper-based forms, if necessary, for basic required administrative 
functions, e.g., landing transactions, from September 1, 2017, through 
October 15, 2017. This temporary rule announcing the determination of 
catastrophic conditions and allowance of alternative methods for 
completing required IFQ and other dealer reporting administrative 
functions is intended to facilitate continuation of IFQ and dealer 
reporting operations during the period of catastrophic conditions. NMFS 
will continue to monitor and evaluate conditions. A subsequent Federal 
Register document will be published, if needed.

DATES: The RA is authorizing applicable Federal dealers reporting 
within this affected area to use revised reporting methods from 
September 1, 2017, through October 15, 2017.

FOR FURTHER INFORMATION CONTACT: IFQ Customer Service, telephone: 866-
425-7627, fax: 727-824-5308, email: [email protected]. For 
federal dealer reporting, Fisheries Monitoring Branch, telephone: 305-
361-4581.

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
is managed under the Fishery Management Plan (FMP) for Reef Fish 
Resources of the Gulf of Mexico, prepared by the Gulf of Mexico 
Council. The fishery for CMP fish (king mackerel, Spanish mackerel, and 
cobia) is managed under the FMP for the CMP Resources of the Gulf of 
Mexico and South Atlantic. Both FMPs are implemented through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
    The Generic Dealer Amendment established Federal dealer reporting 
requirements for federally permitted dealers in the Gulf and South 
Atlantic (79 FR 19490, April 9, 2014). Amendment 26 to the FMP 
established an IFQ program for the commercial red snapper component of 
the Gulf reef fish fishery (71 FR 67447, November 22, 2006). Amendment 
29 to the FMP established an IFQ program for the commercial grouper and 
tilefish components of the Gulf reef fish fishery (74 FR 44732, August 
31, 2009). Regulations implementing these IFQ programs (50 CFR 622.21 
and 622.22) and the dealer reporting requirements (50 CFR 622.5(c)) 
require that Federal dealers and IFQ participants have access to a 
computer and Internet and that they conduct administrative functions 
associated with dealer reporting and the IFQ program, e.g., landing 
transactions, online. However, these regulations also specify that 
during catastrophic conditions, as determined by the RA, the RA may 
waive or modify the reporting time requirements for dealers and 
authorize IFQ participants to use paper-based forms to complete 
administrative functions for the duration of the catastrophic 
conditions. The RA must determine that catastrophic conditions exist, 
specify the duration of the catastrophic conditions, and specify which 
participants or geographic areas are deemed affected.
    Hurricane Harvey made landfall between Port Aransas and Port 
O'Connor, Texas, as a Category 4 hurricane on August 25, 2017. Strong 
winds and flooding from this hurricane impacted communities throughout 
coastal and eastern Texas and southwest Louisiana, resulting in power 
outages and damage to homes, businesses, and infrastructure. As a 
result, the RA has determined that catastrophic conditions exist in all 
coastal and adjacent counties of Texas and in Cameron and Vermilion 
Parishes, Louisiana. Through this temporary rule, the RA is authorizing 
Federal dealers to delay reporting of trip tickets to NOAA Fisheries 
and IFQ participants within this affected area to use paper-based 
forms, from September 1, 2017, through October 15, 2017. NMFS will 
provide additional notification to affected participants via NOAA 
weather radio, Fishery Bulletins, and other appropriate means. NOAA 
Fisheries will continue to monitor and re-evaluate the areas and 
duration of the catastrophic conditions.
    Dealers may delay electronic reporting of trip tickets to NOAA 
Fisheries during catastrophic conditions. Dealers are to report all 
landings to NOAA Fisheries as soon as possible. Assistance for Federal 
dealers in effected areas is available at the Fisheries Monitoring 
Branch, 1-305-361-4581. NMFS previously provided IFQ dealers with the 
necessary paper forms (sequentially coded) and instructions for 
submission in the event of catastrophic conditions. Paper forms are 
also available from the RA upon request. The electronic systems for 
submitting information to NMFS will continue to be available to all 
participants, and participants in the affected area are encouraged to 
continue using these systems, if accessible.
    The administrative program functions available to participants in 
the area affected by catastrophic conditions will be limited under the 
paper-based system. There will be no mechanism for transfers of IFQ 
shares or allocation under the paper-based system in effect during 
catastrophic conditions. Assistance in complying with the requirements 
of the paper-based system will be available via the Catch Share Support 
line, 1-866-425-7627 Monday through Friday, between 8 a.m. and 4:30 
p.m. eastern time.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
reef fish and CMP species managed under the Gulf IFQ Programs and the 
Federal dealer reporting programs, and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.5(c), 622.21(a)(3)(iii), and 
622.22(a)(3)(iii), and is exempt from review under Executive Order 
12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because this temporary rule is issued without 
opportunity for prior notice and comment.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
on this temporary rule. Such procedures are unnecessary because the 
rules implementing the Gulf IFQ programs and Federal dealer reporting 
have already been subject to notice and public comment. These rules 
authorize the RA to determine when catastrophic conditions exist, and 
which participants or geographic areas are deemed affected by 
catastrophic conditions. The rules also authorize the RA to provide 
timely notice to affected participants via publication of notification 
in the Federal Register, NOAA Weather Radio, Fishery Bulletins, and 
other appropriate means. All that remains is to notify the public that 
catastrophic conditions exist and that paper forms may be utilized in 
the affected area and that Federal dealers may submit delayed reports. 
Additionally, delaying this temporary rule to provide prior notice and 
opportunity for public comment would be contrary to the public interest 
because affected participants are still fishing for and receiving these 
species in the affected area and need a means of completing their 
landing transactions. With the power outages and damages to 
infrastructure that have occurred in the affected area due to Hurricane 
Harvey, numerous businesses are unable to complete landings 
transactions and dealer reports electronically. In order to continue 
with their businesses, they need to be aware they can still complete

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landing transactions and dealer reports using the paper forms.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).

    Authority:  16 U.S.C. 1801 et seq.

    Dated: September 1, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-18963 Filed 9-1-17; 4:15 pm]
 BILLING CODE 3510-22-P