[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Rules and Regulations]
[Pages 61540-61541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22159]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket Nos. 090206140-91081-03, 120405260-4258-02, 200706-0181, and 
200127-0032]
RTID 0648-XC448


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

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 and Atlantic, the 
snapper-grouper fishery in the South Atlantic, and the dolphin and 
wahoo fishery in the Atlantic, the Regional Administrator (RA), 
Southeast Region, NMFS, has determined that Hurricane Ian has caused 
catastrophic conditions in certain Florida and South Carolina 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 
participants within the affected area to use paper-based forms, if 
necessary, for basic required administrative functions, e.g., landing 
transactions. 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 
and South Atlantic ``Did Not Fish'' 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 areas to use revised 
reporting methods from October 6, 2022, through November 7, 2022.

FOR FURTHER INFORMATION CONTACT: IFQ Customer Service, telephone: 866-
425-7627, 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, email: 
[email protected].

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 (South Atlantic Council). The snapper-grouper 
fishery in the South Atlantic is managed under the FMP for the Snapper-
Grouper Fishery of the South Atlantic Region, prepared by the South 
Atlantic Council. The dolphin and wahoo fishery in the Atlantic is 
managed under the FMP for the Dolphin and Wahoo Fishery of the 
Atlantic, prepared by the South Atlantic Council. These 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 deemed 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 Gulf for-hire vessels (85 FR 44005, July 21, 
2020). The South

[[Page 61541]]

Atlantic For-Hire Reporting Amendment implemented reporting 
requirements for South Atlantic snapper-grouper, Atlantic dolphin and 
wahoo, and CMP owners and operators of South Atlantic and applicable 
Atlantic for-hire vessels (85 FR 10331, February 24, 2020). Regulations 
implementing these Gulf and South Atlantic dealer reporting 
requirements (50 CFR 622.5) and for-hire vessel reporting requirements 
(50 CFR 622.26, 622.176, 622.271, and 622.374) state that dealers must 
submit electronic reports and that Gulf reef fish, CMP, South Atlantic 
snapper-grouper, and Atlantic dolphin and wahoo, and vessels with the 
applicable charter vessel/headboat permit must submit electronic 
fishing reports of all fish harvested and discarded. A reporting 
requirement in the South Atlantic amendment was also established for a 
``Did Not Fish'' report (South Atlantic permits only). 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 Ian made landfall in the U.S. near Cayo Costa, Florida, 
in the Gulf as a Category 4 hurricane on September 28, 2022, then moved 
across the Florida peninsula into the South Atlantic and made another 
U.S. landfall as a Category 1 hurricane near Georgetown, South 
Carolina, on September 30, 2022. Strong winds and flooding from this 
hurricane impacted communities throughout coastal Florida and coastal 
South Carolina. 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 Florida counties of 
Pinellas, Hillsborough, Polk, Orange, Osceola, Manatee, Hardee, 
Highlands, Sarasota, DeSoto, Charlotte, Glades, Lee, Hendry, Collier, 
Volusia, Seminole, Flagler, Saint Johns, Duval, and Nassau. For the 
South Atlantic the RA has determined that catastrophic conditions also 
exist for Horry County in South Carolina.
    Through this temporary rule, the RA is authorizing Federal dealers 
and Federal for-hire operators in these affected areas to delay 
reporting of trip tickets and for-hire logbooks to NMFS, and 
authorizing IFQ participants in this affected area to use paper-based 
forms, from October 6, 2022, through November 7, 2022. NMFS will 
provide additional notification to affected dealers via NOAA Weather 
Radio, Fishery Bulletins, and other appropriate means. NMFS 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 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 and South Atlantic's Did Not Fish reports to NMFS during 
catastrophic conditions. Federal for-hire operators are to report all 
landings or Did Not Fish reports 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, Monday through Friday, between 8 a.m. and 
4:30 p.m., Eastern Time. 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 and South Atlantic 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 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, that IFQ participants 
may use paper forms, and that Federal dealers and Gulf and South 
Atlantic 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 power outages and 
damages to infrastructure that have occurred in the affected area due 
to Hurricane Ian, 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 6, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-22159 Filed 10-6-22; 4:15 pm]
BILLING CODE 3510-22-P