[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 [www.gpo.gov]
[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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