[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54657-54659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21544]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket Nos. 090206140-91081-03, 120405260-4258-02, and 200706-0181; 
RTID 0648-XB466]


Revised Reporting Requirements Due to Catastrophic Conditions for 
Federal Seafood Dealers, Individual Fishing Quota Dealers, and Charter 
Vessels and Headboats in Portions of Louisiana

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), Federal dealer reporting, and Federal charter 
vessel and headboat (for-hire vessel) reporting programs specific to 
the 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 the 
catastrophic conditions caused by Hurricane Ida in the Gulf for certain 
Louisiana parishes still exist. 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 participants within the affected 
area to use paper-based forms, if necessary, for basic required 
administrative functions. This rule also authorizes any Federal for-
hire owner or

[[Page 54658]]

operator in the affected area described in this temporary rule who does 
not have access to electronic reporting to delay reporting of logbook 
records to NMFS. This temporary rule is intended to facilitate 
continuation of IFQ, dealer, and Federal for-hire reporting operations 
during the period of catastrophic conditions.

DATES: The RA is authorizing Federal dealers, IFQ participants, and 
Federal for-hire operators in the affected area to use revised 
reporting methods from October 9, 2021, through October 31, 2021.

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. For Federal for-hire reporting, Southeast For-Hire Integrated 
Electronic Reporting program, telephone: 833-707-1632.

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 (CMP 
FMP), 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).
    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) require that IFQ participants have access to a computer and the 
internet and that they conduct administrative functions associated with 
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 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 affected.
    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). The Gulf For-Hire Reporting 
Amendment implemented reporting requirements for Gulf reef fish and CMP 
owners and operators of for-hire vessels (85 FR 44005; July 21, 2020). 
Regulations implementing these dealer reporting requirements (50 CFR 
622.5) and for-hire vessel reporting requirements (50 CFR 622.26 and 
622.374) state that dealers must submit electronic reports and that 
Gulf reef fish and CMP vessels with the applicable charter vessel/
headboat permit must submit electronic fishing reports of all fish 
harvested and discarded. 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 for-
hire vessels for the duration of the catastrophic conditions.
    Hurricane Ida made landfall in the United States near Port 
Fourchon, Louisiana, in the Gulf as a Category 4 hurricane on August 
29, 2021. Strong winds and flooding from this hurricane impacted 
communities throughout coastal Louisiana. This resulted 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.
    The RA previously authorized Federal dealers and Federal for-hire 
operators in these affected areas to delay reporting of trip tickets 
and for-hire logbooks to NMFS, and IFQ participants in this affected 
area to use paper-based forms, from September 2, 2021, through October 
8, 2021 (86 FR 50287; September 8, 2021). As stated in that temporary 
rule, NMFS continues to monitor the conditions in this area.
    NMFS has received numerous reports of continued damage to the 
infrastructure in coastal Louisiana, such as power outages and 
interruption of water service. Therefore, to provide Federal dealers 
and Federal for-hire operators in the affected area the continued 
flexibility to delay reporting of trip tickets and for-hire logbooks to 
NMFS, and allow IFQ participants in the affected area to use paper-
based forms, NMFS extends the current catastrophic conditions 
determination through October 31, 2021. This determination remains in 
effect for the Louisiana parishes of Saint Tammany, Orleans, Saint 
Bernard, Plaquemines, Jefferson, Saint Charles, Lafourche, Terrebonne, 
Saint Mary, Iberia, Vermilion, and Cameron.
    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 affected 
area is available from the NMFS 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.
    Federal for-hire operators may delay electronic reporting of 
logbooks to NMFS during catastrophic conditions. Federal for-hire 
operators are to report all landings to NMFS as soon as possible. 
Assistance for Federal for-hire operators in affected area is available 
from the NMFS Southeast For-Hire Integrated Electronic Reporting 
Program at 1-833-707-1632. The electronic systems for submitting 
information to NMFS will continue to be available to all Federal for-
hire operators, and for-hire operators are encouraged to continue using 
the these systems, if accessible.
    The administrative program functions available to IFQ participants 
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 NMFS 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)(1)(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.

[[Page 54659]]

    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment are unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the final rules implementing the 
Gulf IFQ programs, the Gulf and South Atlantic Federal dealer reporting 
requirements, and Gulf for-hire vessel reporting requirements 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 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 continue to exist, that IFQ participants may 
use paper forms, and that Federal dealers and Gulf for-hire permit 
holders may submit delayed reports. Such procedures are also contrary 
to the public interest because of the need to immediately implement 
this action because affected dealers continue to receive these species 
in the affected area and need a means of completing their landing 
transactions. With the continued power outages and damages to 
infrastructure that have occurred in the affected area due to Hurricane 
Ida, numerous businesses are unable to complete landings transactions, 
fishing reports, and dealer reports electronically. In order to 
continue with their businesses, IFQ participants need to be aware they 
can report using the paper forms, and Federal dealers and Gulf for-
permit holders need to be aware that they can delay reporting.
    For the aforementioned reasons, there is 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 29, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-21544 Filed 9-29-21; 4:15 pm]
BILLING CODE 3510-22-P