[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Rules and Regulations]
[Pages 60566-60568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23820]


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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-XB557]


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 still 
exists for Jefferson parish in Louisiana. 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 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 November 1, 2021, through November 30, 2021.

FOR FURTHER INFORMATION CONTACT: Britni Lavine, 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

[[Page 60567]]

(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 determined that catastrophic conditions existed 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). The RA subsequently extended 
that initial authorization through October 31, 2021, through a 
temporary rule because catastrophic conditions continued to exist in 
certain Louisiana parishes (86 FR 54657; October 4, 2021). As stated in 
both temporary rules, NMFS continues to monitor the conditions in this 
area.
    NMFS has received updated reports of continued damage to the 
infrastructure within the communities of Grand Isle and Lafitte within 
Jefferson parish, 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 November 30, 2021 for Jefferson parish, 
Louisiana. Through October 31, 2021, the previous catastrophic 
conditions determination remains in effect for the Louisiana parishes 
of Saint Tammany, Orleans, Saint Bernard, Plaquemines, 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.
    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

[[Page 60568]]

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: October 27, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-23820 Filed 11-2-21; 8:45 am]
BILLING CODE 3510-22-P