[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Rules and Regulations]
[Pages 62301-62302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19504]


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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-XD338]


Revised Reporting Requirements Due to Catastrophic Conditions for 
Federal Seafood Dealers and Individual Fishing Quota Dealers 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) and Federal dealer reporting specific to the 
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 Idalia has caused catastrophic conditions in the Gulf for 
certain 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 6, 2023, 
through October 6, 2023.

FOR FURTHER INFORMATION CONTACT: IFQ Customer Service, telephone: 866-
425-7627, email: [email protected]. Federal dealer 
reporting, Fisheries Monitoring Branch, telephone: 305-361-4581.

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).
    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 
dealer reporting requirements (50 CFR 622.5(c)) and IFQ programs (50 
CFR 622.21 and 622.22) 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 Federal dealers and authorize both Federal dealers and 
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.

[[Page 62302]]

    Hurricane Idalia made landfall in the U.S. near Keaton Beach, 
Florida, in the Gulf as a Category 3 hurricane on August 30, 2023. 
Strong winds and flooding from this hurricane impacted communities 
throughout the Big Bend region of coastal Florida. 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 Levy, Dixie, Taylor, and Jefferson.
    Through this temporary rule, the RA is authorizing Federal dealers 
to delay reporting of trip tickets to NMFS and IFQ participants in the 
affected area to use paper-based forms, from September 6, 2023, through 
October 6, 2023. 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 Federal dealers and IFQ participants 
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 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 is 
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 and Federal dealer reporting requirements and the Gulf IFQ 
programs, 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 Federal dealers and 
IFQ participants may use paper forms, and that Federal dealers 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 Idalia, 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 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 6, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-19504 Filed 9-6-23; 4:15 pm]
BILLING CODE 3510-22-P