[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