Rule2022-24246
Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers, Individual Fishing Quota Dealers, and Charter Vessels and Headboats in Portions of Florida
Primary source
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Published
November 4, 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, 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.
Full Text
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<title>Federal Register, Volume 87 Issue 213 (Friday, November 4, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="/cdn-cgi/l/email-protection#c4aaa9a2b7eab7a1b6eaa7a5b0a7acb7aca5b6a184aaaba5a5eaa3abb2"><span class="__cf_email__" data-cfemail="d1bfbcb7a2ffa2b4a3ffb2b0a5b2b9a2b9b0a3b491bfbeb0b0ffb6bea7">[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#0d7e687f236861686e797f6263646e7f687d627f7964636a4d63626c6c236a627b"><span class="__cf_email__" data-cfemail="d4a7b1a6fab1b8b1b7a0a6bbbabdb7a6b1a4bba6a0bdbab394babbb5b5fab3bba2">[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,
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
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</html>Indexed from Federal Register on November 4, 2022.
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