[Federal Register Volume 85, Number 153 (Friday, August 7, 2020)]
[Rules and Regulations]
[Pages 47917-47918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17341]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200127-0032]
RIN 0648-BG75


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Electronic Reporting for Federally Permitted Charter Vessels and 
Headboats in Atlantic Fisheries

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

ACTION: Final rule; delay of effective date.

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SUMMARY: NMFS is delaying the effective date of a final rule that 
published on February 24, 2020.

DATES: The effective date of the final rule amending 50 CFR part 622 
that published at 85 FR 10331 on February 24, 2020, is delayed until 
January 4, 2021.

FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: On February 24, 2020, NMFS published a final 
rule to implement management measures described in the For-hire 
Reporting Amendment, as prepared and submitted by the South Atlantic 
Fishery Management Council and Gulf of Mexico (Gulf) Fishery Management 
Council (Gulf Council), and that rule had an effective date of 
September 1, 2020 (85 FR 10331). That final rule establishes new, and 
revises existing, electronic reporting requirements for federally 
permitted charter vessels and headboats (for-hire vessels), 
respectively, in certain Atlantic fisheries. That final rule applies to 
an owner or operator of a for-hire vessel with a Federal permit for 
Atlantic Coastal Migratory Pelagic (CMP) species, Atlantic dolphin and 
wahoo, or South Atlantic snapper-grouper. The purpose of that final 
rule is to increase and improve fisheries information collected from 
federally permitted for-hire vessels in the Atlantic. The information 
is expected to improve recreational fisheries management of the for-
hire component in the Atlantic. The For-hire Reporting Amendment amends 
three fishery management plans (FMPs), and includes Amendment 27 to the 
FMP for CMP Resources of the Gulf and Atlantic Region (CMP FMP), 
Amendment 9 to the FMP for the Dolphin and Wahoo Fishery of the 
Atlantic, and Amendment 39 to the FMP for the Snapper-Grouper Fishery 
of the South Atlantic Region. All of these FMPs are implemented by NMFS 
through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act.
    NMFS is now delaying the effective date of the final rule published 
on

[[Page 47918]]

February 24, 2020, (85 FR 10331) to align the effective date with the 
effective date of a related final rule to address for-hire electronic 
reporting in the Gulf. The Gulf Council also developed amendments to 
the CMP FMP and the FMP for Reef Fish Resources of the Gulf of Mexico 
to address for-hire electronic reporting. A final rule to implement the 
Gulf FMP amendments published on July 21, 2020 (85 FR 44005), with an 
effective date of January 5, 2021.
    NMFS is aligning the effective dates of the South Atlantic and Gulf 
final rules, to the extent practicable, to provide NMFS with additional 
time to promote compliance with the new reporting programs and to 
eliminate potential confusion about the applicable reporting program 
requirements. While an improvement over prior reporting measures, the 
new requirements are a substantial change from current practice, with 
potentially overlapping geographic requirements. Therefore, NMFS 
anticipates a need for additional time for fishermen to familiarize 
themselves with the new requirements. In addition, the recreational 
for-hire component has recently experienced closures of harbors and 
boat ramps, and other disruptions to obtaining supplies needed to 
operate their businesses. As a result, delaying the effective date will 
provide the for-hire component additional time to comply with the 
reporting requirements and will allow NMFS to continue its outreach 
efforts to assist the fishermen in meeting these new requirements.

Administrative Procedure Act

    To the extent that 5 U.S.C. 553 applies to this action, it is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(A). Alternatively, the Assistant 
Administrator for NOAA Fisheries (AA) also finds that there is good 
cause to waive the requirements to provide prior notice and opportunity 
for public comment pursuant to the authority set forth in 5 U.S.C. 
553(b)(B), because prior notice and opportunity for public comment on 
this temporary delay is unnecessary and contrary to the public 
interest. Such procedures are unnecessary because the rule that 
published at 85 FR 10331 on February 24, 2020, has already been subject 
to notice and comment, and all that remains is to notify the public of 
this delay in the effective date. Providing additional prior notice and 
opportunity for public comment is contrary to the public interest 
because there is a need to immediately implement this action to delay 
the September 1, 2020, effective date of the final rule and to provide 
notice of the delay to affected fishery participants. NMFS is 
temporarily delaying the effective date of the rule (see DATES section) 
to provide NMFS with additional time to promote compliance with the new 
reporting program and to eliminate potential confusion about the 
applicable reporting program requirements.
    For these same 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: August 4, 2020.
Donna S. Wieting,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2020-17341 Filed 8-6-20; 8:45 am]
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