[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Rules and Regulations]
[Pages 52330-52332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22647]


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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-XG550


Authorization of Revised Reporting Requirements Due to 
Catastrophic Conditions for Federal Seafood Dealers and Individual 
Fishing Quota Dealers in Portions of Florida

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 fishery in the Gulf of Mexico (Gulf) and the 
coastal migratory pelagic (CMP) fisheries in the Gulf, the Regional 
Administrator (RA), Southeast Region, NMFS has determined that 
Hurricane Michael has caused catastrophic conditions in multiple 
counties. This temporary rule announcing the determination of 
catastrophic conditions and authorization to use alternative methods 
for completing required IFQ and other dealer reporting administrative 
functions is intended to facilitate continuation of IFQ and dealer 
reporting

[[Page 52331]]

operations during the period of catastrophic conditions. NMFS will 
continue to monitor and evaluate conditions and a subsequent Federal 
Register document will be published, if needed to address any changes.

DATES: The RA is authorizing Federal dealers and IFQ dealers in the 
affected area to use revised reporting methods from October 12, 2018, 
through November 21, 2018.

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: NMFS has determined that Hurricane Michael 
has caused catastrophic conditions in the following counties: Bay, 
Calhoun, Dixie, Escambia, Franklin, Gadsden, Gulf, Hamilton, Holmes, 
Jackson, Jefferson, Lafayette, Leon, Liberty, Madison, Okaloosa, Santa 
Rosa, Suwannee, Taylor, Wakulla, Walton, and Washington County, 
Florida; and Barbour, Bullock, Coffee, Dale, Geneva, Henry, Houston, 
Lee, Macon, and Russell County, Alabama. 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 October 12, 2018, through November 21, 
2018. The RA has also authorized IFQ dealers within this affected area 
to use paper-based forms, if necessary, for basic required 
administrative functions, e.g., landing transactions, from October 12, 
2018, through November 21, 2018.
    The reef fish fishery of the Gulf is managed under the Fishery 
Management Plan (FMP) for Reef Fish Resources of the Gulf of Mexico, 
prepared by the Gulf of Mexico Fishery Management Council (Gulf 
Council). The CMP fishery (king mackerel, Spanish mackerel, and cobia) 
is managed under the FMP for CMP Resources in the Gulf of Mexico and 
Atlantic Region, prepared by the Gulf Council and South Atlantic 
Fishery Management Council. 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 Michael made landfall in the U.S. near Mexico Beach, 
Florida, in the Gulf as a Category 4 hurricane on October 10, 2018. 
Strong winds and flooding from this hurricane impacted communities 
throughout Florida's panhandle region and coastal Alabama, resulting in 
power outages and damage to homes, businesses, and infrastructure. As a 
result, the RA has determined that catastrophic conditions exist in the 
following counties along the Gulf: Bay, Calhoun, Dixie, Escambia, 
Franklin, Gadsden, Gulf, Hamilton, Holmes, Jackson, Jefferson, 
Lafayette, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Suwannee, 
Taylor, Wakulla, Walton, and Washington County, Florida; and Barbour, 
Bullock, Coffee, Dale, Geneva, Henry, Houston, Lee, Macon, and Russell 
County, Alabama. Through this temporary rule, the RA is authorizing 
Federal dealers in this affected area to delay reporting of trip 
tickets to NOAA Fisheries and IFQ dealers in this affected area to use 
paper-based forms, from October 12, 2018, through November 21, 2018. 
NMFS will provide additional notification to affected dealers 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, as necessary.
    Dealers may delay electronic reporting of trip tickets to NMFS 
during catastrophic conditions. Dealers are to report all landings to 
NMFS as soon as possible. Assistance for Federal dealers in effected 
area is available from the Fisheries Monitoring Branch at 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 dealers, and dealers in the 
affected area are encouraged to continue using these systems, if 
accessible.
    The administrative program functions available to IFQ dealers 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, as applicable, and is consistent 
with the Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.5(c)(iii), 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 
final rules implementing the Gulf IFQ programs and the Gulf and 
Atlantic 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 final rules 
also authorize the RA to provide timely notice to affected participants 
via publication of notification in the Federal Register, NOAA Weather 
Radio,

[[Page 52332]]

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 by IFQ dealers 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 
dealers 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 Michael, numerous 
businesses are unable to complete landings transactions and dealer 
reports electronically. In order to continue with their businesses, IFQ 
dealers need to be aware they can still complete 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: October 12, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-22647 Filed 10-12-18; 4:15 pm]
 BILLING CODE 3510-22-P