[Federal Register Volume 89, Number 210 (Wednesday, October 30, 2024)]
[Rules and Regulations]
[Pages 86285-86286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25200]
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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-XE422]
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) 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 the
catastrophic conditions caused by Hurricane Helene in the Gulf for
certain Florida counties still exist. This temporary rule authorizes in
the described affected area any dealer who does not have access to
electronic reporting to delay reporting of dealer reports (trip
tickets), any Southeast Region Headboat Survey (SRHS) program
participant to delay reporting electronic logbooks, 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, for-hire electronic
reporting program participants, and IFQ dealers in the affected area to
use revised reporting methods from November 2, 2024, through December
1, 2024.
FOR FURTHER INFORMATION CONTACT: IFQ Customer Service, Britni Lavine,
telephone: 866-425-7627, email: [email protected]. Federal
dealer reporting, Fisheries Monitoring Branch, telephone: 305-361-4581.
NMFS Southeast For-Hire Integrated Electronic Reporting Program: 1-833-
707-1632.
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
[[Page 86286]]
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). The Headboat Reporting Framework
Action established the SRHS electronic reporting program (79 FR 6097,
February 3, 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,
SRHS reporting requirements, and IFQ programs require that Federal
dealers, SHRS participants, and IFQ participants have access to a
computer and the internet. 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
SRHS participants, 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.
Hurricane Helene made landfall in the U.S. in Taylor County,
Florida, in the Gulf as a Category 4 hurricane on September 26, 2024.
Strong winds and flooding from this hurricane impacted communities
along coastal Florida in the Gulf. This resulted in power outages and
damage to homes, businesses, and infrastructure. The RA previously
authorized Federal dealers and Federal for-hire operators in several
counties in Florida and Georgia 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 2, 2024, through November 1,
2024 (89 FR 81031, October 7, 2024). The RA has determined that
catastrophic conditions continue to exist in the Gulf for the Florida
counties of Taylor, Dixie, and Levy and is authorizing Federal dealers
and SRHS program participants to delay electronic reporting to NMFS and
IFQ participants in these counties to use paper-based forms through
December 1, 2024. NMFS will provide additional notification to affected
dealers, SHRS participants, and IFQ participants 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 the
affected area is available from the NMFS Fisheries Monitoring Branch at
1-305-361-4581. SRHS program participants may delay electronic
reporting of logbooks to NMFS during catastrophic conditions. SRHS
participants are to report all logbooks to NMFS as soon as possible.
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), 622.22(a)(3)(iii), 622.26(b)(3)
(2020), and 622.374(b)(3) (2020), 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 SRHS 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 and SRHS
participants 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 fishermen continue to operate,
and both need a means of completing their landing transactions and
logbook reports. With the power outages and damages to infrastructure
that have occurred in the affected area due to Hurricane Helene,
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 SRHS
participants 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 25, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-25200 Filed 10-25-24; 4:15 pm]
BILLING CODE 3510-22-P