[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: <a href="/cdn-cgi/l/email-protection#93fdfef5e0bde0f6e1bdf0f2e7f0fbe0fbf2e1f6d3fdfcf2f2bdf4fce5"><span class="__cf_email__" data-cfemail="016f6c67722f7264732f62607562697269607364416f6e60602f666e77">[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 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


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