Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations 50287 

* * * * * 

Martha Williams, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2021–19093 Filed 9–7–21; 8:45 am] 

BILLING CODE 4333–15–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket Nos. 090206140–91081–03, 

120405260–4258–02, and 200706–0181; 

RTID 0648–XB391] 

Revised Reporting Requirements Due 

to Catastrophic Conditions for Federal 

Seafood Dealers, Individual Fishing 

Quota Dealers, and Charter Vessels 

and Headboats in Portions of 

Louisiana 

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, the Regional 

Administrator (RA), Southeast Region, 

NMFS, has determined that Hurricane 

Ida has caused catastrophic conditions 

in the Gulf for certain Louisiana 

parishes. 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 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 area to 

use revised reporting methods from 

September 2, 2021, through October 8, 

2021. 

FOR FURTHER INFORMATION CONTACT: IFQ 

Customer Service, telephone: 866–425– 

7627, fax: 727–824–5308, email: 

nmfs.ser.catchshare@noaa.gov. 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. 

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 MagnusonStevens 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 for-hire vessels (85 FR 

44005; July 21, 2020). Regulations 

implementing these dealer reporting 

requirements (50 CFR 622.5) and forhire 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 Ida made landfall in the 

U.S. near Port Fourchon, Louisiana, in 

the Gulf as a Category 4 hurricane on 

August 29, 2021. Strong winds and 

flooding from this hurricane impacted 

communities throughout coastal 

Louisiana. 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 Louisiana parishes of Saint 

Tammany, Orleans, Saint Bernard, 

Plaquemines, Jefferson, Saint Charles, 

Lafourche, Terrebonne, Saint Mary, 

Iberia, Vermilion, and Cameron. 

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 September 2, 2021, through 

October 8, 2021. 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. 


jbell on DSKJLSW7X2PROD with RULES
50288 Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations 

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. The electronic 

systems for submitting information to 

NMFS will continue to be available to 

all Federal for-hire operators, and forhire 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 

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 Ida, 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: September 2, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–19379 Filed 9–2–21; 4:15 pm] 

BILLING CODE 3510–22–P 


jbell on DSKJLSW7X2PROD with RULES