Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers and Individual Fishing Quota Dealers in Portions of Louisiana and Texas, 54942-54943 [2020-19522]
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54942
Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations
waybills, for a minimum period of four
years.
(b) This file of retained waybills shall
be maintained in such a manner that
railroads may readily retrieve waybill
copies using the waybill identifier code
as shown on the submitted waybill
record.
■ 5. Amend § 1244.7 by revising
paragraph (a) to read as follows:
§ 1244.7
Special studies.
(a) Although routine submission of
hard copy waybills is not required, the
Board may order railroads to submit
hard copies of the underlying waybills
for special studies.
*
*
*
*
*
[FR Doc. 2020–19195 Filed 9–2–20; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket Nos. 090206140–91081–03 and
120405260–4258–02; RTID 0648–XA455]
Revised Reporting Requirements Due
to Catastrophic Conditions for Federal
Seafood Dealers and Individual Fishing
Quota Dealers in Portions of Louisiana
and Texas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; determination
of catastrophic conditions.
AGENCY:
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) and the coastal
migratory pelagic (CMP) fisheries in the
Gulf, the Regional Administrator (RA),
Southeast Region, NMFS has
determined that Hurricane Laura has
caused catastrophic conditions in the
Gulf for certain Louisiana parishes and
Texas counties. 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
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
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:53 Sep 02, 2020
Jkt 250001
operations during the period of
catastrophic conditions.
The RA is authorizing Federal
dealers and IFQ dealers in the affected
area to use revised reporting methods
from August 31, 2020, through October
5, 2020.
DATES:
FOR FURTHER INFORMATION CONTACT:
Britni LaVine, telephone 727–551–5766.
IFQ Customer Service, telephone: 866–
425–7627, fax: 727–824–5308, email:
SER-IFQ.Support@noaa.gov. For Federal
dealer reporting, Fisheries Monitoring
Branch, telephone: 305–361–4581.
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
(Gulf Council). The CMP fishery is
managed under the FMP for CMP
Resources in the Gulf of Mexico and
Atlantic Region, 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 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
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
participants or geographic areas are
deemed affected.
Hurricane Laura made landfall in the
U.S. near Cameron, Louisiana, in the
Gulf as a Category 4 hurricane on
August 27, 2020. Strong winds and
flooding from this hurricane impacted
communities throughout coastal
Louisiana and Texas, resulting 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; and for
the Texas counties of Orange, Jefferson,
Chambers, Harris, and Galveston.
Through this temporary rule, the RA
is authorizing Federal dealers in these
affected areas to delay reporting of trip
tickets to NOAA Fisheries and IFQ
dealers in this affected area to use
paper-based forms, from August 31,
2020, through October 5, 2020. NMFS
will provide additional notification to
affected dealers 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, 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 effected area is available from the
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.
The administrative program functions
available to IFQ dealers 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 Catch Share
Support line, 1–866–425–7627 Monday
through Friday, between 8 a.m. and 4:30
p.m., Eastern Time.
E:\FR\FM\03SER1.SGM
03SER1
Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
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)(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.
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 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 Laura, numerous
businesses are unable to complete
landings transactions and dealer reports
electronically. In order to continue with
their businesses, IFQ dealers 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.
VerDate Sep<11>2014
15:53 Sep 02, 2020
Jkt 250001
Dated: August 31, 2020.
Kelly Denit,
Director, Office of Sustainable Fisheries
National Marine Fisheries Service.
[FR Doc. 2020–19522 Filed 8–31–20; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 121004515–3608–02; RTID
0648–XA427]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2020
Commercial Closure for South Atlantic
Red Snapper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements an
accountability measure for red snapper
in the exclusive economic zone (EEZ) of
the South Atlantic. NMFS projects
commercial landings of red snapper
have reached the commercial annual
catch limit (ACL) for the 2020 fishing
year. Therefore, NMFS is closing the
commercial sector for red snapper in the
South Atlantic EEZ on September 5,
2020. This closure is necessary to
protect the red snapper resource.
DATES: This temporary rule is effective
from 12:01 a.m., eastern time, on
September 5, 2020, through December
31, 2020.
FOR FURTHER INFORMATION CONTACT:
Frank Helies, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
frank.helies@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes red snapper and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The commercial ACL for red snapper
in the South Atlantic is 124,815 lb
(56,615 kg), round weight, as specified
in 50 CFR 622.193(y)(1).
Under 50 CFR 622.193(y)(1), NMFS is
required to close the commercial sector
SUMMARY:
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
54943
for red snapper when the commercial
ACL is reached, or is projected to be
reached, by filing a notification to that
effect with the Office of the Federal
Register. NMFS has determined that the
commercial ACL for South Atlantic red
snapper will be reached by September 5,
2020. Accordingly, the commercial
sector for South Atlantic red snapper is
closed effective at 12:01 a.m., eastern
time, on September 5, 2020. For the
2021 fishing year, unless otherwise
specified, the commercial season will
begin on the second Monday in July (50
CFR 622.183(b)(5)(i)).
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having red
snapper on board must have landed and
bartered, traded, or sold such red
snapper prior to 12:01 a.m., eastern
time, on September 5, 2020. Because the
recreational sector closed on July 18,
2020 (85 FR 36165, June 15, 2020), after
the commercial sector closure that is
effective on September 5, 2020, all
harvest and possession of red snapper in
or from the South Atlantic EEZ is
prohibited for the remainder of the 2020
fishing year.
On and after the effective date of the
closure notification, all sale or purchase
of red snapper is prohibited. This
prohibition on the harvest, possession,
sale or purchase apply in the South
Atlantic on a vessel for which a valid
Federal commercial or charter vessel/
headboat permit for South Atlantic
snapper-grouper has been issued,
regardless if such species were
harvested or possessed in state or
Federal waters (50 CFR 622.193(y)(1)
and 622.181(c)(2)).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.193(y)(1), which was issued
pursuant to section 304(b) of the
Magnuson-Stevens Act, and is exempt
from review under Executive Order
12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds that the need to
immediately implement this action to
close the commercial sector for red
snapper constitutes good cause to waive
the requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures are
E:\FR\FM\03SER1.SGM
03SER1
]]>Agencies
[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Rules and Regulations]
[Pages 54942-54943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19522]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket Nos. 090206140-91081-03 and 120405260-4258-02; RTID 0648-XA455]
Revised Reporting Requirements Due to Catastrophic Conditions for
Federal Seafood Dealers and Individual Fishing Quota Dealers in
Portions of Louisiana and Texas
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) and Federal dealer reporting programs 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
Hurricane Laura has caused catastrophic conditions in the Gulf for
certain Louisiana parishes and Texas counties. 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 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 and IFQ dealers in the
affected area to use revised reporting methods from August 31, 2020,
through October 5, 2020.
FOR FURTHER INFORMATION CONTACT: Britni LaVine, telephone 727-551-5766.
IFQ Customer Service, telephone: 866-425-7627, fax: 727-824-5308,
email: [email protected]. 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 (Gulf Council). The CMP fishery is managed under the FMP for
CMP Resources in the Gulf of Mexico and Atlantic Region, 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 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 Laura made landfall in the U.S. near Cameron, Louisiana,
in the Gulf as a Category 4 hurricane on August 27, 2020. Strong winds
and flooding from this hurricane impacted communities throughout
coastal Louisiana and Texas, resulting 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; and for the Texas counties of
Orange, Jefferson, Chambers, Harris, and Galveston.
Through this temporary rule, the RA is authorizing Federal dealers
in these affected areas to delay reporting of trip tickets to NOAA
Fisheries and IFQ dealers in this affected area to use paper-based
forms, from August 31, 2020, through October 5, 2020. NMFS will provide
additional notification to affected dealers 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, 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 effected
area is available from the 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.
The administrative program functions available to IFQ dealers 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 Catch Share Support
line, 1-866-425-7627 Monday through Friday, between 8 a.m. and 4:30
p.m., Eastern Time.
[[Page 54943]]
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)(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.
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
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 Laura, numerous businesses are unable to
complete landings transactions and dealer reports electronically. In
order to continue with their businesses, IFQ dealers 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: August 31, 2020.
Kelly Denit,
Director, Office of Sustainable Fisheries National Marine Fisheries
Service.
[FR Doc. 2020-19522 Filed 8-31-20; 4:15 pm]
BILLING CODE 3510-22-P
