[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Rules and Regulations]
[Pages 46170-46171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21329]


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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]
RIN 0648-XF723


Authorization of Revised Reporting Requirements Due to 
Catastrophic Conditions for Federal Seafood Dealers and Individual 
Fishing Quota Dealers in Portions of Florida

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary delay in reporting requirements; determination of 
catastrophic conditions.

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SUMMARY: In accordance with the regulations implementing the individual 
fishing quota (IFQ) and Federal dealer reporting programs specific to 
the commercial reef fish fishery in the Gulf of Mexico (Gulf), the 
coastal migratory pelagic (CMP) fisheries in the Gulf and the Atlantic, 
the spiny lobster fishery of the Gulf and Atlantic, and the snapper-
grouper and dolphin-wahoo fisheries in the South Atlantic, the Regional 
Administrator, Southeast Region, NMFS (RA) has determined that 
Hurricane Irma has caused catastrophic conditions in the following 
Florida counties: Manatee, Sarasota, DeSoto, Charlotte, Lee, Collier, 
Monroe, Miami-Dade, and Broward. Consistent with those regulations, the 
RA has authorized any dealer in the affected area who does not have 
access to electronic reporting to delay reporting of trip tickets to 
NOAA Fisheries from September 29, 2017, through October 31, 2017. The 
RA has also authorized IFQ participants within this affected area to 
use paper-based forms, if necessary, for basic required administrative 
functions, e.g., landing transactions, from September 29, 2017, through 
October 31, 2017. This temporary rule announcing the determination of 
catastrophic conditions and allowance of alternative methods for 
completing required IFQ and other dealer reporting administrative 
functions is intended to facilitate continuation of IFQ and dealer 
reporting operations during the period of catastrophic conditions. NMFS 
will continue to monitor and evaluate conditions. A subsequent Federal 
Register notice will be published, if needed.

DATES: The RA is authorizing applicable Federal dealers and IFQ 
participants reporting within this affected area to use revised 
reporting methods from September 29, 2017, through October 31, 2017.

FOR FURTHER INFORMATION CONTACT: IFQ Customer Service, telephone: 866-
425-7627, fax: 727-824-5308, email: <a href="/cdn-cgi/l/email-protection#227167700f6b64730c715752524d5056624c4d43430c454d54"><span class="__cf_email__" data-cfemail="366573641b7f70671865434646594442765859575718515940">[email protected]</span></a>. For 
federal dealer reporting, Fisheries Monitoring Branch, telephone: 305-
361-4581.

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, prepared by the Gulf of Mexico Fishery Management 
Council. The snapper-grouper fishery of the South Atlantic is managed 
under the Snapper-Grouper FMP of the South Atlantic, prepared by the 
South Atlantic Fishery Management Council. The dolphin-wahoo fishery of 
the South Atlantic is managed under the Dolphin-Wahoo FMP of the South 
Atlantic, prepared by the South Atlantic Fishery Management Council. 
The fishery for CMP fish (king mackerel, Spanish mackerel, and cobia) 
is managed under the FMP for the CMP Resources of the Gulf of Mexico 
and South Atlantic, prepared by both Councils. The fishery for spiny 
lobster is managed under the FMP for Spiny Lobster of the Gulf of 
Mexico and South Atlantic, prepared by both Councils. All 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).
    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). Amendment 26 to the 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 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) and the dealer reporting requirements (50 CFR 622.5(c)) 
require that Federal dealers and IFQ participants have access to a 
computer and Internet and that they conduct administrative functions 
associated with dealer reporting and 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 
waive or modify the reporting time requirements for dealers and 
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.
    Hurricane Irma made landfall in the U.S. near Cudjoe Key, Florida, 
as a Category 4 hurricane then made a subsequent landfall near Marco 
Island, Florida, as a Category 3 hurricane on September 10, 2017. 
Strong winds and flooding from this hurricane impacted communities 
throughout Florida, resulting in power outages and damage to homes, 
businesses, and infrastructure. As a result, the RA has determined that 
catastrophic conditions exist in the following Florida counties: 
Manatee, Sarasota, DeSoto, Charlotte, Lee, Collier, Monroe, Miami-Dade, 
and Broward. Through this temporary rule, the RA is authorizing Federal 
dealers to delay reporting of trip tickets to NOAA Fisheries and IFQ 
participants within this affected area to use paper-based forms, from 
September 29, 2017, through October 31, 2017. NMFS will provide 
additional notification to affected participants via NOAA Weather 
Radio, Fishery Bulletins, and other appropriate means. NOAA Fisheries 
will continue to monitor and re-evaluate the areas and duration of the 
catastrophic conditions.
    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 effected 
areas is available from the Fisheries Monitoring Branch at 1-305-361-
4581. NMFS previously provided IFQ dealers with the necessary paper 
forms (sequentially coded) 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 participants, and participants in 
the affected area are encouraged to continue using these systems, if 
accessible.
    The administrative program functions available to IFQ participants 
in the area

[[Page 46171]]

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 Catch Share Support line, 1-866-
425-7627 Monday through Friday, between 8 a.m. and 4:30 p.m. eastern 
time.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
reef fish, CMP species, spiny lobster, dolphin-wahoo, and snapper-
grouper, managed under the Gulf IFQ Programs and the Federal dealer 
reporting programs, as applicable, and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.5(c), 622.21(a)(3)(iii), and 
622.22(a)(3)(iii), and is exempt from review under Executive Order 
12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because this temporary rule is issued without 
opportunity for prior notice and comment.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
on this temporary rule. Such procedures are unnecessary because the 
final rules implementing the Gulf IFQ programs and the Gulf and 
Atlantic Federal dealer reporting 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 and that 
paper forms may be utilized by IFQ dealers in the affected area and 
that Federal dealers may submit delayed reports. Additionally, delaying 
this temporary rule to provide prior notice and opportunity for public 
comment would be contrary to the public interest because affected 
participants are still fishing for and receiving 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 Irma, numerous 
businesses are unable to complete landings transactions and dealer 
reports electronically. In order to continue with their businesses, IFQ 
participants need to be aware they can still complete landing 
transactions and dealer reports using the paper forms.
    For the aforementioned reasons, the AA also finds 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 29, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-21329 Filed 9-29-17; 4:15 pm]
 BILLING CODE 3510-22-P


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