[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Rules and Regulations]
[Pages 54942-54943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19522]


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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; RTID 0648-XA455]


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

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 Laura has caused catastrophic conditions in the Gulf for 
certain Louisiana parishes and Texas counties. This temporary rule 
authorizes any dealer in the affected area described in this temporary 
rule who does not have access to electronic reporting to delay 
reporting of trip tickets to NMFS and authorizes IFQ dealers within the 
affected area to use paper-based forms, if necessary, for basic 
required administrative functions, e.g., landing transactions. This 
temporary rule is intended to facilitate continuation of IFQ and dealer 
reporting operations during the period of catastrophic conditions.

DATES: The RA is authorizing Federal dealers and IFQ dealers in the 
affected area to use revised reporting methods from August 31, 2020, 
through October 5, 2020.

FOR FURTHER INFORMATION CONTACT: Britni LaVine, telephone 727-551-5766. 
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 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 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 Laura made landfall in the U.S. near Cameron, Louisiana, 
in the Gulf as a Category 4 hurricane on August 27, 2020. Strong winds 
and flooding from this hurricane impacted communities throughout 
coastal Louisiana and Texas, resulting in power outages and damage to 
homes, businesses, and infrastructure. As a result, the RA has 
determined that catastrophic conditions exist in the Gulf for the 
Louisiana parishes of Saint Tammany, Orleans, Saint Bernard, 
Plaquemines, Jefferson, Saint Charles, Lafourche, Terrebonne, Saint 
Mary, Iberia, Vermilion, and Cameron; and for the Texas counties of 
Orange, Jefferson, Chambers, Harris, and Galveston.
    Through this temporary rule, the RA is authorizing Federal dealers 
in these affected areas to delay reporting of trip tickets to NOAA 
Fisheries and IFQ dealers in this affected area to use paper-based 
forms, from August 31, 2020, through October 5, 2020. 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 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.

[[Page 54943]]

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is consistent with the regulations in 50 CFR 
622.5(c)(iii), 622.21(a)(3)(iii), and 622.22(a)(3)(iii) which were 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and are 
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, 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 continue to receive 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 Laura, 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: August 31, 2020.
Kelly Denit,
Director, Office of Sustainable Fisheries National Marine Fisheries 
Service.
[FR Doc. 2020-19522 Filed 8-31-20; 4:15 pm]
BILLING CODE 3510-22-P