46170 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 

Dated: September 29, 2017. 

Ann C. Agnew, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2017–21327 Filed 9–29–17; 4:15 pm] 

BILLING CODE 4120–01–P 

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. 

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 snappergrouper 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: SERIFQ.Support@noaa.gov. 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 DolphinWahoo 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 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 161020985–7181–02] 

RIN 0648–XF714 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Bering Sea Subarea of the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for Pacific ocean perch in the 

Bering Sea subarea of the Bering Sea 

and Aleutian Islands management area. 

This action is necessary to fully use the 

2017 total allowable catch of Pacific 

ocean perch specified for the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 1, 2017, through 

1200 hrs, A.l.t., December 31, 2017. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., October 19, 2017. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2016–0140, 

by either of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

http://www.regulations.gov/ 

docket?D=NOAA-NMFS-2016-0140, 

click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the 

comment period ends. All comments 

received are a part of the public record 

and will post the comments for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender is 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands 

management area (BSAI) exclusive 

economic zone according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

management area (FMP) prepared by the 

North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

NMFS closed directed fishing for 

Pacific ocean perch (POP) in the Bering 

Sea subarea of the BSAI under 

§ 679.20(d)(1)(iii) (82 FR 11826, 

February 27, 2017). 

NMFS has determined that 

approximately 3,800 metric tons of POP 

remain in the directed fishing 

allowance. Therefore, in accordance 

with § 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the 

2017 total allowable catch of POP in the 

Bering Sea subarea of the BSAI, NMFS 

is terminating the previous closure and 

is opening directed fishing for POP in 

Bering Sea subarea of the BSAI, effective 

1200 hrs, A.l.t., October 1, 2017, 

through 1200 hrs, A.l.t., December 31, 

2017. This will enhance the 

socioeconomic well-being of harvesters 

dependent on POP in this area. 

The Administrator, Alaska Region 

considered the following factors in 

reaching this decision: (1) The current 

catch of POP in the BSAI and, (2) the 


sradovich on DSK3GMQ082PROD with RULES