[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Rules and Regulations]
[Pages 66608-66609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24246]



[[Page 66608]]

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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-XC518]


Revised Reporting Requirements Due to Catastrophic Conditions for 
Federal Seafood Dealers, Individual Fishing Quota Dealers, and Charter 
Vessels and Headboats in Portions of 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), 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 
Hurricane Ian has caused catastrophic conditions that still exist in 
the Florida counties of Charlotte, Collier, and Lee. This temporary 
rule authorizes any dealer in the affected areas 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 areas 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 areas to use revised 
reporting methods from November 8, 2022, through December 5, 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, 
prepared by the Gulf Council and South Atlantic Fishery Management 
Council (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). Regulations implementing these Gulf 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 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 continue to exist in the Gulf for the Florida 
counties of Charlotte, Collier, and Lee.
    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 October 6, 2022, through November 
7, 2022 (87 FR 61540, October 12, 2022). As stated in that temporary 
rule, NMFS continues to monitor the conditions in these areas.
    NMFS has received numerous reports of continued damage to the 
infrastructure in the Florida counties of Charlotte, Collier, and Lee, 
on the Gulf coast of Florida, 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 
December 5, 2022. This determination remains in effect for Charlotte, 
Collier, and Lee counties in Florida.
    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 November 8, 2022, through December 5, 2022. NMFS will 
provide additional notification to affected dealers via NOAA Weather 
Radio,

[[Page 66609]]

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 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, 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 the 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 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 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: November 2, 2022.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2022-24246 Filed 11-2-22; 4:15 pm]
BILLING CODE 3510-22-P