Rule2022-22159
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 12, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 196 (Wednesday, October 12, 2022)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22159]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: <a href="/cdn-cgi/l/email-protection#94faf9f2e7bae7f1e6baf7f5e0f7fce7fcf5e6f1d4fafbf5f5baf3fbe2"><span class="__cf_email__" data-cfemail="b4dad9d2c79ac7d1c69ad7d5c0d7dcc7dcd5c6d1f4dadbd5d59ad3dbc2">[email protected]</span></a>. 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:
<a href="/cdn-cgi/l/email-protection#a5d6c0d78bc0c9c0c6d1d7cacbccc6d7c0d5cad7d1cccbc2e5cbcac4c48bc2cad3"><span class="__cf_email__" data-cfemail="fe8d9b8cd09b929b9d8a8c9190979d8c9b8e918c8a979099be90919f9fd0999188">[email protected]</span></a>.
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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 12, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.