Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers and Individual Fishing Quota Dealers in Portions of Alabama and Florida, 60386-60388 [2020-21230]
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60386
Federal Register / Vol. 85, No. 187 / Friday, September 25, 2020 / Rules and Regulations
Resources of the Gulf of Mexico (FMP).
The FMP was prepared by the Gulf of
Mexico Fishery Management Council
(Council) and is implemented by NMFS
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) through regulations at 50 CFR part
622. All red snapper weights discussed
in this temporary rule are in round
weight.
In 2015, Amendment 40 to the FMP
established two components within the
recreational sector fishing for red
snapper: The private angling
component, and the Federal charter
vessel and headboat (for-hire)
component (80 FR 22422, April 22,
2015). In 2020, NMFS implemented
Amendments 50 A–F to the FMP, which
delegated authority to the Gulf states
(Louisiana, Mississippi, Alabama,
Florida, and Texas) to establish specific
management measures for the harvest of
red snapper in Federal waters of the
Gulf by the private angling component
of the recreational sector (85 FR 6819,
February 6, 2020). These amendments
allocate a portion of the private angling
ACL to each state, and each state is
required to constrain landings to its
allocation as part of state management.
As described at 50 CFR 622.39(a)(2)(i),
the Gulf red snapper recreational sector
quota (ACL) is 7.399 million lb (3.356
million kg) and the recreational private
angling component quota (ACL) is 4.269
million lb (1.936 million kg). Also, as
described at 50 CFR 622.23(a)(1)(ii)(C),
the Louisiana regional management area
private angling component ACL is
816,233 lb (370,237 kg). Regulations at
50 CFR 622.23(b) require that if a state’s
red snapper private angling component
landings exceed the applicable state’s
component ACL, then in the following
fishing year, that state’s private angling
ACL will be reduced by the amount of
that ACL overage in the prior fishing
year.
For the 2019 fishing year, the
Louisiana recreational red snapper
private component (private vessel and
state charter vessels) was managed
under an exempted fishing permit with
a state ACL of 816,439 lb (370,331 kg).
Amendment 50F provided that any
overage of the 2019 Louisiana ACL
would be applied to Louisiana’s portion
of the 2020 private angling ACL. NMFS
has determined that landings of red
snapper off Louisiana for the private
angling component, which includes
landings for state charter vessels, in
2019 were 848,340 lb (384,801 kg);
which is 31,901 lb (14,470 kg) greater
than 2019 Louisiana allocation of the
private angling component ACL.
Accordingly, for the 2020 fishing year,
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this temporary rule reduces the
Louisiana regional management area
private angling component ACL for Gulf
red snapper by the ACL overage amount
of 31,901 lb (14,470 kg) and resulting in
a revised private angling ACL for
Louisiana of 784,332 lb (355,767 kg).
On August 24, 2020, NMFS published
a notice in the Federal Register
reducing the 2020 recreational ACL and
private angling ACL for Gulf red
snapper as a result of a private angling
ACL overage in 2019 for the Texas
regional management area (85 FR
52055). This resulted in an adjusted
2020 recreational ACL for Gulf red
snapper of 7,288,474 lb (3,305,996 kg)
and an adjusted 2020 recreational
private angling component ACL of
4,158,474 lb (1,886,252 kg). Consistent
with the reduction in the Louisiana
regional management area private
angling component ACL, NMFS further
reduces the 2020 total recreational ACL
to 7,256,573 lb (3,291,526 kg) and the
total private angling component ACL to
4,126,573 lb (1,871,782 kg). The
recreational private angling component
ACLs for other Gulf state regional
management areas (Texas, Mississippi,
Alabama, and Florida) for 2020 are
unaffected by this action. The reduction
in the 2020 red snapper private angling
component ACL for the Louisiana
regional management area is effective at
12:01 a.m., local time, on [insert date of
publication with the Office of the
Federal Register], and will remain in
effect through the end of the fishing year
on January 1, 2021.
The LDWF is responsible for ensuring
that 2020 private angling component
landings in the Louisiana regional
management area do not exceed the
adjusted 2020 Louisiana ACL. NMFS
understands that after the LDWF
identified that an ACL overage had
occurred in 2019, it adjusted the 2020
Louisiana red snapper private angling
season to account for the reduction in
the Louisiana ACL as required by the
regulations at 50 CFR 622.23(b) and
implemented through this temporary
rule.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required under 50
CFR 622.23(b) 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.
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This action is based on the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds that the need to
implement this action to reduce the
private angling component ACL for the
Louisiana regional management area
constitutes good cause to waive the
requirements to provide prior notice
and opportunity for public comment on
this temporary rule pursuant to the
authority set forth in 5 U.S.C. 553(b)(B),
because such procedures are
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the rule
implementing the post-season ACL
adjustment authority has already been
subject to notice and comment, and all
that remains is to notify the public of
the ACL overage adjustment. Such
procedures are contrary to the public
interest because a failure to implement
the ACL overage adjustment
immediately may result in continued
confusion among the public and Gulf
state officials about what ACL is in
effect for Louisiana for the 2020 fishing
year.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of the
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: September 22, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–21246 Filed 9–24–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket Nos. 090206140–91081–03 and
120405260–4258–02; RTID 0648–XA503]
Revised Reporting Requirements Due
to Catastrophic Conditions for Federal
Seafood Dealers and Individual Fishing
Quota Dealers in Portions of Alabama
and Florida
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
SUMMARY:
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khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 85, No. 187 / Friday, September 25, 2020 / Rules and Regulations
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 Sally has
caused catastrophic conditions in the
Gulf for certain Alabama and Florida
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 September 23, 2020, through
October 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Britni LaVine (727) 551–5766.
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, 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 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)
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
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16:28 Sep 24, 2020
Jkt 250001
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 Sally made landfall in the
U.S. near Gulf Shores, Alabama, in the
Gulf as a Category 2 hurricane on
September 16, 2020. Strong winds and
flooding from this hurricane impacted
communities throughout coastal
Alabama and parts of the Florida
Panhandle, 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 Alabama
counties of Mobile and Baldwin; and
the Florida counties of Escambia, Santa
Rosa, Okaloosa, Walton, Bay, Gulf,
Franklin, Wakulla, Leon, Jefferson, and
Taylor.
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 September 23,
2020, through October 31, 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 the affected 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
PO 00000
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Fmt 4700
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60387
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
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 damage to infrastructure
that have occurred in the affected area
due to Hurricane Sally, 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.
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60388
Federal Register / Vol. 85, No. 187 / Friday, September 25, 2020 / Rules and Regulations
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 22, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–21230 Filed 9–23–20; 4:15 pm]
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BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 187 (Friday, September 25, 2020)]
[Rules and Regulations]
[Pages 60386-60388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21230]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket Nos. 090206140-91081-03 and 120405260-4258-02; RTID 0648-XA503]
Revised Reporting Requirements Due to Catastrophic Conditions for
Federal Seafood Dealers and Individual Fishing Quota Dealers in
Portions of Alabama and Florida
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
[[Page 60387]]
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 Sally has caused catastrophic conditions in the Gulf for
certain Alabama and Florida 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 September 23, 2020,
through October 31, 2020.
FOR FURTHER INFORMATION CONTACT: Britni LaVine (727) 551-5766.
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,
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 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) 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 Sally made landfall in the U.S. near Gulf Shores,
Alabama, in the Gulf as a Category 2 hurricane on September 16, 2020.
Strong winds and flooding from this hurricane impacted communities
throughout coastal Alabama and parts of the Florida Panhandle,
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 Alabama counties of Mobile and
Baldwin; and the Florida counties of Escambia, Santa Rosa, Okaloosa,
Walton, Bay, Gulf, Franklin, Wakulla, Leon, Jefferson, and Taylor.
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 September 23, 2020, through October 31, 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 the
affected 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.
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 damage to infrastructure that have occurred in the affected
area due to Hurricane Sally, 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.
[[Page 60388]]
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 22, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-21230 Filed 9-23-20; 4:15 pm]
BILLING CODE 3510-22-P
