[Federal Register Volume 85, Number 187 (Friday, September 25, 2020)]
[Rules and Regulations]
[Pages 60386-60388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21230]


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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-XA503]


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

[[Page 60387]]

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 Sally has caused catastrophic conditions in the Gulf for 
certain Alabama and Florida 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 September 23, 2020, 
through October 31, 2020.

FOR FURTHER INFORMATION CONTACT: Britni LaVine (727) 551-5766.

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 (Reef Fish FMP), 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 Reef Fish 
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 Reef Fish 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 Sally made landfall in the U.S. near Gulf Shores, 
Alabama, in the Gulf as a Category 2 hurricane on September 16, 2020. 
Strong winds and flooding from this hurricane impacted communities 
throughout coastal Alabama and parts of the Florida Panhandle, 
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 Alabama counties of Mobile and 
Baldwin; and the Florida counties of Escambia, Santa Rosa, Okaloosa, 
Walton, Bay, Gulf, Franklin, Wakulla, Leon, Jefferson, and Taylor.
    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 September 23, 2020, through October 31, 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 the 
affected 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.

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 damage to infrastructure that have occurred in the affected 
area due to Hurricane Sally, 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.

[[Page 60388]]

    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 22, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-21230 Filed 9-23-20; 4:15 pm]
BILLING CODE 3510-22-P