Rule2024-23072
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 Georgia
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 7, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the individual fishing quota (IFQ) program, Federal dealer reporting, and Federal charter vessel and headboat (for-hire vessel) reporting specific to the reef fish fishery in the Gulf of Mexico (Gulf), coastal migratory pelagic (CMP) fisheries in the Gulf and Atlantic, snapper-grouper fishery in the South Atlantic, and dolphin and wahoo fishery in the Atlantic, the Regional Administrator (RA), NMFS Southeast Region, has determined that Hurricane Helene has caused catastrophic conditions in the Gulf for certain Florida counties and in the Atlantic for certain Georgia counties. This temporary rule authorizes, in the affected area described in this temporary rule, any Federal dealer or for-hire electronic reporting program participant who does not have access to electronic reporting to delay reporting, and any IFQ dealer 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 electronic reporting operations during the period of catastrophic conditions.
Full Text
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<title>Federal Register, Volume 89 Issue 194 (Monday, October 7, 2024)</title>
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[Federal Register Volume 89, Number 194 (Monday, October 7, 2024)]
[Rules and Regulations]
[Pages 81031-81032]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23072]
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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-XE337]
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 Georgia
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) program, Federal dealer reporting, and Federal
charter vessel and headboat (for-hire vessel) reporting specific to the
reef fish fishery in the Gulf of Mexico (Gulf), coastal migratory
pelagic (CMP) fisheries in the Gulf and Atlantic, snapper-grouper
fishery in the South Atlantic, and dolphin and wahoo fishery in the
Atlantic, the Regional Administrator (RA), NMFS Southeast Region, has
determined that Hurricane Helene has caused catastrophic conditions in
the Gulf for certain Florida counties and in the Atlantic for certain
Georgia counties. This temporary rule authorizes, in the affected area
described in this temporary rule, any Federal dealer or for-hire
electronic reporting program participant who does not have access to
electronic reporting to delay reporting, and any IFQ dealer 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 electronic 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 October 2, 2024, through November 1,
2024.
FOR FURTHER INFORMATION CONTACT: IFQ Customer Service, Britni Lavine,
telephone: 866-425-7627, email: <a href="/cdn-cgi/l/email-protection#90fefdf6e3bee3f5e2bef3f1e4f3f8e3f8f1e2f5d0fefff1f1bef7ffe6"><span class="__cf_email__" data-cfemail="56383b30257825332478353722353e253e372433163839373778313920">[email protected]</span></a>. 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 the 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. The Secretary
implemented these FMPs 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). The Headboat Reporting Framework
Action established the Southeast Region Headboat Survey (SRHS)
electronic reporting program (79 FR 6097, February 3, 2014). The final
rule implementing the South Atlantic For-Hire Reporting Amendment
included 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). 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 Gulf and South Atlantic
dealer reporting requirements, IFQ programs, and for-hire reporting
requirements require that Federal dealers, IFQ dealers, and for-hire
reporting program participants have access to a computer and 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 authorize IFQ
dealers to use paper-
[[Page 81032]]
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 and coastal Georgia in the South
Atlantic. 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
Jefferson, Taylor, Dixie, Levy, Citrus, Hernando, Pasco, and Pinellas.
For the South Atlantic, the RA has determined that catastrophic
conditions also exist for Georgia counties of Chatham, Bryan, Liberty,
McIntosh, Glynn, and Camden.
Through this temporary rule, the RA is authorizing Federal dealers,
SRHS program participants, and South Atlantic Federal for-hire
operators to delay electronic reporting to NMFS and IFQ dealers in the
affected area to use paper-based forms, from October 2, 2024, through
November 1, 2024. 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.
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.
South Atlantic Federal for-hire operators may delay electronic
reporting of logbooks and ``Did Not Fish'' reports to NMFS during
catastrophic conditions. South Atlantic 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 the 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 these systems, if accessible.
NMFS previously provided Federal 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. 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) (2020), 622.22(a)(3)(iii) (2020),
622.26(b)(3), 622.176(b)(3), 622.271(b)(3), and 622.374(b)(3), 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 IFQ programs, the Gulf and South Atlantic Federal dealer reporting
requirements, and Gulf and South Atlantic for-hire vessel reporting
requirements, and the SRHS 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 Federal dealers and may use paper forms, and that Federal
dealers, South Atlantic for-hire permit holders, 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 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 dealers
need to be aware they can report using the paper forms, and Federal
dealers, South Atlantic for-hire permit holders, 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 1, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-23072 Filed 10-2-24; 4:15 pm]
BILLING CODE 3510-22-P
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