Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers, Individual Fishing Quota Dealers, and Charter Vessels and Headboats in Portions of Louisiana, 54657-54659 [2021-21544]
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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100217097–1757–02; RTID
0648–XB450]
Reef Fish Fishery of the Gulf of
Mexico; 2021 Commercial and
Recreational Accountability Measure
and Closures for Gulf of Mexico Lane
Snapper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements an
accountability measure (AM) for the
lane snapper commercial and
recreational sectors in the exclusive
economic zone (EEZ) of the Gulf of
Mexico (Gulf) for the 2021 fishing year
through this temporary rule. NMFS has
projected that the 2021 stock annual
catch limit (ACL) for Gulf lane snapper
will be reached by October 18, 2021.
Therefore, NMFS closes the commercial
and recreational sectors for Gulf lane
snapper on October 18, 2021, and they
will remain closed through the end of
the current fishing year on December 31,
2021. These closures are necessary to
protect the Gulf lane snapper resource.
DATES: This temporary rule is effective
from 12:01 a.m., local time, on October
18, 2021, until 12:01 a.m., local time, on
January 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: Kelli.ODonnell@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the Gulf reef fish fishery,
which includes lane snapper, under the
Fishery Management Plan for the Reef
Fish 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
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) through
regulations at 50 CFR part 622. All lane
snapper weights discussed in this
temporary rule are in round weight.
The stock ACL for Gulf lane snapper
is 301,000 lb (136,531 kg). As specified
in 50 CFR 622.41(k), if during a fishing
year the sum of the commercial and
recreational lane snapper landings
exceeds the stock ACL, then during the
following fishing year, if the sum of
SUMMARY:
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commercial and recreational landings
reaches or is projected to reach the stock
ACL, NMFS is required to close the
commercial and recreational sectors for
the remainder of that fishing year. In the
2020 fishing year, lane snapper landings
exceeded the stock ACL by 57,638 lb
(26,144 kg). For the 2021 fishing year,
NMFS has determined that the 2021
stock ACL for Gulf lane snapper will be
reached by October 18, 2021.
Accordingly, this temporary rule closes
the commercial and recreational sectors
for Gulf lane snapper effective at 12:01
a.m., local time, on October 18, 2021,
and both sectors will remain closed
through the end of the current fishing
year on December 31, 2021.
During the commercial and
recreational closures, the commercial
sale or purchase of lane snapper taken
from the Gulf EEZ is prohibited and all
harvest or possession in or from the Gulf
EEZ of lane snapper is prohibited. The
prohibition on possession of Gulf lane
snapper also applies in Gulf state waters
for a vessel issued a valid Federal
charter vessel/headboat permit for Gulf
reef fish. During the closures, the
operator of a vessel with a valid
commercial vessel permit for Gulf reef
fish having lane snapper on board must
have landed and bartered, traded, or
sold such lane snapper prior to 12:01
a.m., local time, on October 18, 2021.
The prohibition on the sale or purchase
of lane snapper does not apply to fish
that were harvested, landed ashore, and
sold prior to 12:01 a.m., local time, on
October 18, 2021, and were held in cold
storage by a dealer or processor.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.41(k), which was issued pursuant to
section 304(b) of the Magnuson-Stevens
Act, and is exempt from review under
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment is
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the regulations
associated with the closure of the lane
snapper commercial and recreational
sectors at 50 CFR 622.41(k) have already
been subject to notice and public
comment, and all that remains is to
notify the public of the closure. Prior
notice and opportunity for public
comment are contrary to the public
interest because there is a need to
immediately implement this action to
protect the lane snapper stock and
provide vessel owners and operators
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54657
with as much time as possible to adjust
their planned fishing. Prior notice and
opportunity for public comment would
require time and would potentially
allow the sectors to exceed the stock
ACL.
For the aforementioned reasons, the
Assistant Administrator 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, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–21527 Filed 9–29–21; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket Nos. 090206140–91081–03,
120405260–4258–02, and 200706–0181;
RTID 0648–XB466]
Revised Reporting Requirements Due
to Catastrophic Conditions for Federal
Seafood Dealers, Individual Fishing
Quota Dealers, and Charter Vessels
and Headboats in Portions of
Louisiana
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), Federal dealer
reporting, and Federal charter vessel
and headboat (for-hire vessel) reporting
programs specific to the 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 the
catastrophic conditions caused by
Hurricane Ida in the Gulf for certain
Louisiana parishes still exist. 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 participants within the
affected area to use paper-based forms,
if necessary, for basic required
administrative functions. This rule also
authorizes any Federal for-hire owner or
SUMMARY:
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54658
Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations
operator in the affected area described
in this temporary rule who does not
have access to electronic reporting to
delay reporting of logbook records to
NMFS. This temporary rule is intended
to facilitate continuation of IFQ, dealer,
and Federal for-hire reporting
operations during the period of
catastrophic conditions.
DATES: The RA is authorizing Federal
dealers, IFQ participants, and Federal
for-hire operators in the affected area to
use revised reporting methods from
October 9, 2021, through October 31,
2021.
FOR FURTHER INFORMATION CONTACT: IFQ
Customer Service, telephone: 866–425–
7627, fax: 727–824–5308, email:
nmfs.ser.catchshare@noaa.gov. For
Federal dealer reporting, Fisheries
Monitoring Branch, telephone: 305–
361–4581. For Federal for-hire
reporting, Southeast For-Hire Integrated
Electronic Reporting program,
telephone: 833–707–1632.
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 (CMP
FMP), 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 MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
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)
require that IFQ participants have
access to a computer and the internet
and that they conduct administrative
functions associated with 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 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
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16:13 Oct 01, 2021
Jkt 256001
the duration of the catastrophic
conditions, and specify which
participants or geographic areas are
affected.
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). The Gulf
For-Hire Reporting Amendment
implemented reporting requirements for
Gulf reef fish and CMP owners and
operators of for-hire vessels (85 FR
44005; July 21, 2020). Regulations
implementing these dealer reporting
requirements (50 CFR 622.5) and forhire vessel reporting requirements (50
CFR 622.26 and 622.374) state that
dealers must submit electronic reports
and that Gulf reef fish and CMP vessels
with the applicable charter vessel/
headboat permit must submit electronic
fishing reports of all fish harvested and
discarded. 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 for-hire vessels for the duration of
the catastrophic conditions.
Hurricane Ida made landfall in the
United States near Port Fourchon,
Louisiana, in the Gulf as a Category 4
hurricane on August 29, 2021. Strong
winds and flooding from this hurricane
impacted communities throughout
coastal Louisiana. This resulted 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.
The RA previously authorized Federal
dealers and Federal for-hire operators in
these affected areas to delay reporting of
trip tickets and for-hire logbooks to
NMFS, and IFQ participants in this
affected area to use paper-based forms,
from September 2, 2021, through
October 8, 2021 (86 FR 50287;
September 8, 2021). As stated in that
temporary rule, NMFS continues to
monitor the conditions in this area.
NMFS has received numerous reports
of continued damage to the
infrastructure in coastal Louisiana, such
as power outages and interruption of
water service. Therefore, to provide
Federal dealers and Federal for-hire
operators in the affected area the
continued flexibility to delay reporting
of trip tickets and for-hire logbooks to
NMFS, and allow IFQ participants in
the affected area to use paper-based
forms, NMFS extends the current
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catastrophic conditions determination
through October 31, 2021. This
determination remains in effect for the
Louisiana parishes of Saint Tammany,
Orleans, Saint Bernard, Plaquemines,
Jefferson, Saint Charles, Lafourche,
Terrebonne, Saint Mary, Iberia,
Vermilion, and Cameron.
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 affected area is available from the
NMFS 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.
Federal for-hire operators may delay
electronic reporting of logbooks to
NMFS during catastrophic conditions.
Federal for-hire operators are to report
all landings to NMFS as soon as
possible. Assistance for Federal for-hire
operators in affected area is available
from the NMFS Southeast For-Hire
Integrated Electronic Reporting Program
at 1–833–707–1632. The electronic
systems for submitting information to
NMFS will continue to be available to
all Federal for-hire operators, and forhire operators are encouraged to
continue using the these systems, if
accessible.
The administrative program functions
available to IFQ participants 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 NMFS 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)(1)(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.
E:\FR\FM\04OCR1.SGM
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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment are
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the final rules
implementing the Gulf IFQ programs,
the Gulf and South Atlantic Federal
dealer reporting requirements, and Gulf
for-hire vessel reporting requirements
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 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
continue to exist, that IFQ participants
may use paper forms, and that Federal
dealers and Gulf for-hire permit holders
may submit delayed reports. Such
procedures are also contrary to the
public interest because of the need to
immediately implement this action
because affected dealers continue to
receive these species in the affected area
and need a means of completing their
landing transactions. With the
continued power outages and damages
to infrastructure that have occurred in
the affected area due to Hurricane Ida,
numerous businesses are unable to
complete landings transactions, fishing
reports, and dealer reports
electronically. In order to continue with
their businesses, IFQ participants need
to be aware they can report using the
paper forms, and Federal dealers and
Gulf for-permit holders need to be aware
that they can delay reporting.
For the aforementioned reasons, there
is 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, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–21544 Filed 9–29–21; 4:15 pm]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 210928–0199; RTID 0648–
XT041]
Atlantic Highly Migratory Species;
Adjustments to 2021 Northern
Albacore Tuna, North and South
Atlantic Swordfish, and Atlantic
Bluefin Tuna Reserve Category Quotas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule.
AGENCY:
NMFS adjusts the 2021
baseline quotas for U.S. North Atlantic
albacore tuna (northern albacore), North
and South Atlantic swordfish, and the
Atlantic bluefin Reserve category based
on available underharvest of the 2020
adjusted U.S. quotas. This action is
necessary to implement binding
recommendations of the International
Commission for the Conservation of
Atlantic Tunas (ICCAT), as required by
the Atlantic Tunas Convention Act
(ATCA), and to achieve domestic
management objectives under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). This action to
adjust the quotas is only temporary and
will be effective through December 31,
2021. On January 1, 2022, full annual
baseline allocations of northern
albacore, North and South Atlantic
swordfish, and the Atlantic bluefin tuna
will renew and be available to U.S.
harvest.
SUMMARY:
Effective October 4, 2021,
through December 31, 2021.
ADDRESSES: Supporting documents,
including environmental assessments
and environmental impact statements,
as well as the Fishery Management
Plans and their amendments that are
described below, may be downloaded
from the Highly Migratory Species
(HMS) website at https://
www.fisheries.noaa.gov/topic/atlantichighly-migratory-species. These
documents also are available upon
request from Steve Durkee or Karyl
Brewster-Geisz at the email addresses
and telephone numbers below.
FOR FURTHER INFORMATION CONTACT:
Steve Durkee (202–670–6637,
steve.durkee@noaa.gov) or Karyl
Brewster-Geisz (301–427–8503,
karyl.brewster-geisz@noaa.gov).
DATES:
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54659
Atlantic
HMS fisheries, including northern
albacore, swordfish, and bluefin tuna
fisheries, are managed under the
authority of the ATCA (16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.). The 2006 Consolidated Atlantic
HMS Fishery Management Plan (FMP)
and its amendments are implemented
by regulations at 50 CFR part 635.
Section 635.27(e) implements the
northern albacore annual quota
recommended by ICCAT and describes
the annual northern albacore quota
adjustment process. Section 635.27(c)
implements the ICCAT-recommended
quotas and describes the quota
adjustment process for both North and
South Atlantic swordfish. Section
635.27(a) implements the ICCATrecommended quota and describes the
annual quota adjustment process for
bluefin tuna. NMFS is required under
the Magnuson-Stevens Act to provide
U.S. fishing vessels with a reasonable
opportunity to harvest quotas under
relevant international fishery
agreements such as the ICCAT
Convention, which is implemented
domestically pursuant to ATCA.
Note that weight information for
northern albacore and bluefin tuna
below is shown in metric tons (mt)
whole weight (ww), and both dressed
weight (dw) and ww are shown for
swordfish.
SUPPLEMENTARY INFORMATION:
Northern Albacore Annual Quota and
Adjustment Process
Since 1998, ICCAT has adopted
recommendations regarding the
northern albacore fishery. ICCAT
Recommendation 17–04 on northern
albacore (which supplemented
Recommendation 16–06) includes a
total allowable catch (TAC) of 33,600 mt
for 2018 through 2020 and specific
provisions regarding northern albacore
conservation and management. The U.S.
share of that TAC was a quota of 632.4
mt annually for 2019 and 2020, which
is codified at § 635.27(e) and will
remain in effect until changed.
At the 2020 Annual ICCAT meeting,
the U.S. northern albacore quota was
increased from 632.4 mt to 711.5 mt for
2021 (Recommendation 20–04). Given
provisions in Recommendation 20–04, it
is possible the U.S. northern albacore
quota might change at the ICCAT annual
meeting this November. In anticipation
of such change and to decrease
administrative burden, NMFS does not
plan to alter the 50 CFR part 635
regulations to incorporate the 2021
quota increase at this time. Since
domestic landings are typically less
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]]>Agencies
[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54657-54659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21544]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket Nos. 090206140-91081-03, 120405260-4258-02, and 200706-0181;
RTID 0648-XB466]
Revised Reporting Requirements Due to Catastrophic Conditions for
Federal Seafood Dealers, Individual Fishing Quota Dealers, and Charter
Vessels and Headboats in Portions of Louisiana
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), Federal dealer reporting, and Federal charter
vessel and headboat (for-hire vessel) reporting programs specific to
the 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 the
catastrophic conditions caused by Hurricane Ida in the Gulf for certain
Louisiana parishes still exist. 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 participants within the affected
area to use paper-based forms, if necessary, for basic required
administrative functions. This rule also authorizes any Federal for-
hire owner or
[[Page 54658]]
operator in the affected area described in this temporary rule who does
not have access to electronic reporting to delay reporting of logbook
records to NMFS. This temporary rule is intended to facilitate
continuation of IFQ, dealer, and Federal for-hire reporting operations
during the period of catastrophic conditions.
DATES: The RA is authorizing Federal dealers, IFQ participants, and
Federal for-hire operators in the affected area to use revised
reporting methods from October 9, 2021, through October 31, 2021.
FOR FURTHER INFORMATION CONTACT: 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. For Federal for-hire reporting, Southeast For-Hire Integrated
Electronic Reporting program, telephone: 833-707-1632.
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 (CMP
FMP), 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).
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) require that IFQ participants have access to a computer and the
internet and that they conduct administrative functions associated with
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 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 affected.
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). The Gulf For-Hire Reporting
Amendment implemented reporting requirements for Gulf reef fish and CMP
owners and operators of for-hire vessels (85 FR 44005; July 21, 2020).
Regulations implementing these dealer reporting requirements (50 CFR
622.5) and for-hire vessel reporting requirements (50 CFR 622.26 and
622.374) state that dealers must submit electronic reports and that
Gulf reef fish and CMP vessels with the applicable charter vessel/
headboat permit must submit electronic fishing reports of all fish
harvested and discarded. 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 for-
hire vessels for the duration of the catastrophic conditions.
Hurricane Ida made landfall in the United States near Port
Fourchon, Louisiana, in the Gulf as a Category 4 hurricane on August
29, 2021. Strong winds and flooding from this hurricane impacted
communities throughout coastal Louisiana. This resulted 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.
The RA previously authorized Federal dealers and Federal for-hire
operators in these affected areas to delay reporting of trip tickets
and for-hire logbooks to NMFS, and IFQ participants in this affected
area to use paper-based forms, from September 2, 2021, through October
8, 2021 (86 FR 50287; September 8, 2021). As stated in that temporary
rule, NMFS continues to monitor the conditions in this area.
NMFS has received numerous reports of continued damage to the
infrastructure in coastal Louisiana, such as power outages and
interruption of water service. Therefore, to provide Federal dealers
and Federal for-hire operators in the affected area the continued
flexibility to delay reporting of trip tickets and for-hire logbooks to
NMFS, and allow IFQ participants in the affected area to use paper-
based forms, NMFS extends the current catastrophic conditions
determination through October 31, 2021. This determination remains in
effect for the Louisiana parishes of Saint Tammany, Orleans, Saint
Bernard, Plaquemines, Jefferson, Saint Charles, Lafourche, Terrebonne,
Saint Mary, Iberia, Vermilion, and Cameron.
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 affected
area is available from the NMFS 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.
Federal for-hire operators may delay electronic reporting of
logbooks to NMFS during catastrophic conditions. Federal for-hire
operators are to report all landings to NMFS as soon as possible.
Assistance for Federal for-hire operators in affected area is available
from the NMFS Southeast For-Hire Integrated Electronic Reporting
Program at 1-833-707-1632. The electronic systems for submitting
information to NMFS will continue to be available to all Federal for-
hire operators, and for-hire operators are encouraged to continue using
the these systems, if accessible.
The administrative program functions available to IFQ participants
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 NMFS 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)(1)(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.
[[Page 54659]]
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment are unnecessary and contrary to the public interest. Such
procedures are unnecessary because the final rules implementing the
Gulf IFQ programs, the Gulf and South Atlantic Federal dealer reporting
requirements, and Gulf for-hire vessel reporting requirements 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 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 continue to exist, that IFQ participants may
use paper forms, and that Federal dealers and Gulf for-hire permit
holders may submit delayed reports. Such procedures are also contrary
to the public interest because of the need to immediately implement
this action because affected dealers continue to receive these species
in the affected area and need a means of completing their landing
transactions. With the continued power outages and damages to
infrastructure that have occurred in the affected area due to Hurricane
Ida, numerous businesses are unable to complete landings transactions,
fishing reports, and dealer reports electronically. In order to
continue with their businesses, IFQ participants need to be aware they
can report using the paper forms, and Federal dealers and Gulf for-
permit holders need to be aware that they can delay reporting.
For the aforementioned reasons, there is 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, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-21544 Filed 9-29-21; 4:15 pm]
BILLING CODE 3510-22-P
