[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