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]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES 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, VerDate Sep<11>2014 16:28 Sep 24, 2020 Jkt 250001 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. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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: E:\FR\FM\25SER1.SGM 25SER1 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 VerDate Sep<11>2014 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 Frm 00033 Fmt 4700 Sfmt 4700 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. E:\FR\FM\25SER1.SGM 25SER1 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] khammond on DSKJM1Z7X2PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 16:28 Sep 24, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4700 Sfmt 9990 E:\FR\FM\25SER1.SGM 25SER1

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]


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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; 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