Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers, Individual Fishing Quota Dealers, and Charter Vessels and Headboats in Portions of Louisiana, 60566-60568 [2021-23820]
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Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Rules and Regulations
III. Regulatory Analysis
Executive Order 12866, Regulatory
Planning and Review and Executive
Order 13563, Improvement Regulation
and Regulation Review
Executive Orders (E.O.) 13563 and
12866 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has been
designated as ‘‘not significant’’ under
section 3(f) of E.O. 12866.
Review Under the Regulatory Flexibility
Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires an agency to
prepare an initial regulatory flexibility
analysis to be published at the time the
proposed rule is published. This
Section
1215.103
1215.103
1215.103
1215.108
1215.108
1215.108
1215.109
Review Under E.O. 13132
E.O. 13132, ‘‘Federalism,’’ 64 FR
43255 (August 4, 1999), requires
regulations to be reviewed for
Federalism effects on the institutional
interest of states and local governments,
and, if the effects are sufficiently
substantial, preparation of the Federal
assessment is required to assist senior
policy makers. The amendments will
not have any substantial direct effects
on state and local governments within
List of Subjects in 14 CFR Part 1215
Satellites.
Accordingly, under the authority of
the National Aeronautics and Space Act,
as amended, 51 U.S.C. 20113, NASA
amends 14 CFR part 1215 as follows:
PART 1215—TRACKING AND DATA
RELAY SATELLITE SYSTEM (TDRSS)
1. The authority citation for part 1215
continues to read as follows:
■
Authority: Sec. 203, Pub. L. 85–568, 72
Stat. 429, as amended; 42 U.S.C. 2473.
§§ 1215.103 1215.108, and 1215.109
[Amended]
2. In the table below, for each section
indicated in the left column, remove the
acronym, network name, or office
designation indicated in the middle
column from wherever it appears in the
section, and add the acronym, network
name, or office designation indicated in
the right column:
■
Add
Space Network ......................................................................
SNUG .....................................................................................
Networks Integration Management Office .............................
SNUG .....................................................................................
NIMO ......................................................................................
Networks Integration Management Office .............................
NIMO ......................................................................................
Nanette Smith,
Team Lead, NASA Directives and
Regulations.
Temporary rule; determination
of catastrophic conditions.
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–XB557]
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.
15:53 Nov 02, 2021
Jkt 256001
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 still exists for
Jefferson parish in Louisiana. 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
operator in the affected area described
SUMMARY:
BILLING CODE 7510–13–P
AGENCY:
Near Space Network.
NSNUG.
Commercialization, Innovation, and Synergies.
NSNUG.
Near Space Network.
Commercialization, Innovation, and Synergies.
Near Space Network.
ACTION:
[FR Doc. 2021–23825 Filed 11–2–21; 8:45 am]
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Review Under the Paperwork Reduction
Act
These nomenclature changes do not
contain any information collection
requirements subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
the meaning of the E.O. Therefore, no
Federalism assessment is required.
Remove
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VerDate Sep<11>2014
requirement does not apply if the
agency ‘‘certifies that the rule will not,
if promulgated, have a significant
economic impact on a substantial
number of small entities’’ (5 U.S.C. 603).
This rule makes nomenclature changes
and, therefore, does not have a
significant economic impact on a
substantial number of small entities.
PO 00000
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Fmt 4700
Sfmt 4700
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
November 1, 2021, through November
30, 2021.
FOR FURTHER INFORMATION CONTACT:
Britni Lavine, 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
E:\FR\FM\03NOR1.SGM
03NOR1
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Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Rules and Regulations
(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
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
VerDate Sep<11>2014
15:53 Nov 02, 2021
Jkt 256001
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 determined that
catastrophic conditions existed 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). The RA
subsequently extended that initial
authorization through October 31, 2021,
through a temporary rule because
catastrophic conditions continued to
exist in certain Louisiana parishes (86
FR 54657; October 4, 2021). As stated in
both temporary rules, NMFS continues
to monitor the conditions in this area.
NMFS has received updated reports of
continued damage to the infrastructure
within the communities of Grand Isle
and Lafitte within Jefferson parish, 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
November 30, 2021 for Jefferson parish,
Louisiana. Through October 31, 2021,
the previous catastrophic conditions
determination remains in effect for the
Louisiana parishes of Saint Tammany,
Orleans, Saint Bernard, Plaquemines,
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
PO 00000
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Fmt 4700
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60567
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.
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
E:\FR\FM\03NOR1.SGM
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Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Rules and Regulations
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: October 27, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–23820 Filed 11–2–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 211025–0215]
RIN 0648–BK31
Fisheries of the Exclusive Economic
Zone Off Alaska; Cook Inlet Salmon;
Amendment 14
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
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AGENCY:
NMFS issues this final rule to
implement Amendment 14 to the
Fishery Management Plan (FMP) for the
Salmon Fisheries in the Exclusive
Economic Zone (EEZ) Off Alaska
(Salmon FMP). Amendment 14 will
incorporate the Cook Inlet EEZ Subarea
into the Salmon FMP’s West Area,
SUMMARY:
VerDate Sep<11>2014
15:53 Nov 02, 2021
Jkt 256001
thereby bringing the Cook Inlet EEZ
Subarea and the commercial salmon
fisheries that occur within it under
Federal management by the North
Pacific Fishery Management Council
(Council) and NMFS. This action will
apply the prohibition on commercial
salmon fishing that is currently
established in the West Area to the
newly added Cook Inlet EEZ Subarea.
This final rule is necessary to comply
with a U.S. Court of Appeals for the
Ninth Circuit ruling and to ensure the
Salmon FMP is consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). This final rule
is intended to promote the goals and
objectives of the Magnuson-Stevens Act,
the Salmon FMP, and other applicable
laws.
DATES: Effective December 3, 2021.
ADDRESSES: Electronic copies of the
Environmental Assessment and the
Regulatory Impact Review (collectively
referred to as the ‘‘Analysis’’) and the
Finding of No Significant Impact
prepared for this final rule may be
obtained from https://
www.regulations.gov or from the NMFS
Alaska Region website at https://
www.fisheries.noaa.gov/region/alaska.
FOR FURTHER INFORMATION CONTACT:
Doug Duncan, 907–586–7228 or
doug.duncan@noaa.gov.
SUPPLEMENTARY INFORMATION: This final
rule implements Amendment 14 to the
Salmon FMP. NMFS published the
Notice of Availability (NOA) for
Amendment 14 in the Federal Register
on May 18, 2021 (86 FR 26888), with
public comments invited through July
19, 2021. NMFS published the proposed
rule to implement Amendment 14 in the
Federal Register on June 4, 2021 (86 FR
29977). Comments submitted on the
NOA and the proposed rule for
Amendment 14 were considered jointly.
The Secretary of Commerce approved
Amendment 14 on August 12, 2021,
after considering public comment and
determining that Amendment 14 is
consistent with the Salmon FMP, the
Magnuson-Stevens Act, and other
applicable laws. No substantive changes
have been made from the proposed rule
in this final rule.
Background
The following provides a brief
summary of the background for
Amendment 14. Additional information
is provided in the preamble of the
proposed rule and the Analysis.
The Council’s Salmon FMP manages
the Pacific salmon fisheries in the EEZ
from 3 nautical miles to 200 nautical
miles off Alaska. The Council developed
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
the Salmon FMP under the MagnusonStevens Act, and it first became effective
in 1979. The Council has divided the
Salmon FMP’s coverage into the West
Area and the East Area, with the
boundary between the two areas at Cape
Suckling, at 143°53.6′ W longitude. The
Salmon FMP authorizes commercial
salmon fishing in the East Area, and
prohibits commercial salmon fishing in
the West Area. Through Amendment 12
(December 21, 2012, 77 FR 75570), three
small areas in the EEZ—including the
Cook Inlet EEZ—where commercial
salmon fishing with nets was originally
authorized by the International
Convention for the High Seas Fisheries
of the North Pacific Ocean, as
implemented by the North Pacific
Fisheries Act of 1954, were excluded
from the Salmon FMP and therefore not
subject to the West Area prohibition on
commercial fishing. Amendment 12’s
removal of these three areas in the EEZ
from the Salmon FMP’s West Area
allowed the State of Alaska (State) to
manage these areas independently and
outside of an FMP.
Cook Inlet commercial salmon
fishermen and seafood processors
challenged Amendment 12 and its
implementing regulations, including
removal of the Cook Inlet EEZ from the
Salmon FMP. United Cook Inlet Drift
Ass’n v. NMFS, No. 3:13–cv–00104–
TMB, 2014 WL 10988279 (D. Alaska
2014). On appeal, the Ninth Circuit held
that section 302(h)(1) of the MagnusonStevens Act (16 U.S.C. 1852(h)(1))
requires a Council to prepare and
submit FMPs for each fishery under its
authority that requires conservation and
management. United Cook Inlet Drift
Ass’n v. NMFS, 837 F.3d 1055, 1065
(9th Cir. 2016). Because NMFS agreed
that the Cook Inlet EEZ salmon fishery
needs conservation and management by
some entity, the Ninth Circuit ruled that
the Magnuson-Stevens Act requires that
fishery be included in the Salmon FMP.
Through its public processes, the
Council spent significant time from
2017 to 2020 developing and evaluating
management alternatives to comply
with the Ninth Circuit’s ruling. The
Council considered four alternatives,
which are described in Section 2 of the
Analysis: Alternative 1, status quo
management; Alternative 2, Federal
management of the Cook Inlet EEZ with
specific management measures
delegated to the State; Alternative 3,
independent Federal management of the
Cook Inlet EEZ with specific
management measures for the
commercial salmon fishery sector in the
Cook Inlet EEZ; and Alternative 4,
independent Federal management of the
Cook Inlet EEZ with a closure of the
E:\FR\FM\03NOR1.SGM
03NOR1
]]>Agencies
[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Rules and Regulations]
[Pages 60566-60568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23820]
=======================================================================
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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-XB557]
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 still
exists for Jefferson parish in Louisiana. 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 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 November 1, 2021, through November 30, 2021.
FOR FURTHER INFORMATION CONTACT: Britni Lavine, 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
[[Page 60567]]
(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 determined that catastrophic conditions existed 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). The RA subsequently extended
that initial authorization through October 31, 2021, through a
temporary rule because catastrophic conditions continued to exist in
certain Louisiana parishes (86 FR 54657; October 4, 2021). As stated in
both temporary rules, NMFS continues to monitor the conditions in this
area.
NMFS has received updated reports of continued damage to the
infrastructure within the communities of Grand Isle and Lafitte within
Jefferson parish, 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 November 30, 2021 for Jefferson parish,
Louisiana. Through October 31, 2021, the previous catastrophic
conditions determination remains in effect for the Louisiana parishes
of Saint Tammany, Orleans, Saint Bernard, Plaquemines, 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.
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
[[Page 60568]]
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: October 27, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-23820 Filed 11-2-21; 8:45 am]
BILLING CODE 3510-22-P
