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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations
a receipt issued to them on behalf of the vessel that verifies the date and time of departure and length of the trip.
Therefore, NMFS does not expect any significant changes in the responsibilities of law enforcement as result of the implementation of this final rule. Law enforcement will continue to operate in the same manner as before this final rule, using intercepts and reviews of the captain and vessel information, vessel harvest, and trip duration validation.
Comment 2: The changes to the possession limit regulations rely heavily on the full implementation of the Gulf of Mexico Electronic For-Hire Reporting final rule, which includes a requirement that Gulf reef fish and CMP for-hire vessels use vessel monitoring systems VMS. NMFS has not fully implemented that final rule and this change to the possession limit regulations is a way for the Gulf Council and NMFS to increase acceptance of VMS.
Response: The changes to the possession limit regulations implemented through this final rule were developed independently from the Gulf of Mexico For-Hire Electronic Reporting final rule, and the Gulf Councils decision to make changes to the for-hire vessel possession limit was not contingent on the implementation of the VMS requirement.
Comment 3: Some trips that are planned for greater than 30 hours may need to end early because of weather, medical, or mechanical issues, which may create a problem if two daily bag limits have already been taken.
Response: NMFS understands that situations may occur where a trip that is expected to exceed 30 hours needs to end prematurely. If that occurs, fishers might already be in possession of two daily bag limits even though the vessel has not been on the trip for more than 30 hours, which would result in a violation of the regulations if the vessel must return to the dock before 30 hours elapses. However, NMFS does not expect this type of situation to occur routinely, and NMFS agrees with the public comments and discussion at Gulf Council meetings, which indicated that vessel captains have options to address this concern, such as demonstrating proper foresight prior to getting underway and anchoring offshore rather than pulling into the dock. Further, consistent with the NOAA Office of General Counsel Policy for the Assessment of Civil Administrative Penalties and Permit Sanctions, enforcement officers must assess each situation and, depending on the nature and seriousness of the violation,
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respond accordingly. This policy is available at the website https
www.gc.noaa.gov/documents/PenaltyPolicy-CLEAN-June242019.pdf.
Classification Pursuant to section 304b3 of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is consistent with the Reef Fish and CMP FMPs, other provisions of the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for purposes of Executive Order 12866.
This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995.
The Magnuson-Stevens Act provides the statutory basis for this final rule. No duplicative, overlapping, or conflicting Federal rules have been identified. A
description of this final rule, why it is being implemented, and the purposes of this final rule are contained in the SUMMARY and SUPPLEMENTARY
INFORMATION sections of this preamble.
The objectives of this final rule are to promote efficiency in the utilization of the reef fish and CMP resources, decrease regulatory discards, and establish reporting requirements in the IFQ programs that would be more practical and cost effective for NMFS
during catastrophic conditions.
The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration SBA
during the proposed rule stage that this final rule, if adopted, would not have a significant economic impact on a substantial number of small entities.
NMFS did not receive any comments from SBAs Office of Advocacy on the certification in the proposed rule. NMFS
received six public comments on the economic analysis of the proposed rule.
All six comments supported the conclusion that the proposed rule would have positive economic effects on for-hire fishing vessels. No changes to this final rule were made in response to public comments. The factual basis for the certification was published in the proposed rule and is not repeated here. Because this final rule is not expected to have a significant economic impact on a substantial number of small entities, a final regulatory flexibility analysis is not required and none has been prepared.
List of Subjects in 50 CFR Part 622
Charter vessels, Coastal migratory pelagics, Fisheries, Fishing, Gulf of
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Mexico, Headboats, Recreational bag and possession limits.
Dated: February 12, 2021.
Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 622 is amended as follows:
PART 622FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.

2. In 622.21, revise paragraph a3iii to read as follows:

622.21 Individual fishing quota IFQ
program for Gulf red snapper.

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3
iii During catastrophic conditions only, the IFQ program provides for use of paper-based components for basic required functions as a backup. The RA
will determine when catastrophic conditions exist, the duration of the catastrophic conditions, and which participants or geographic areas are deemed affected by the catastrophic conditions. The RA will provide timely notice to affected participants via publication of notification in the Federal Register, NOAA weather radio, fishery bulletins, and other appropriate means and will authorize the affected participants use of paper-based components for the duration of the catastrophic conditions. NMFS will provide each IFQ dealer the necessary paper forms and instructions for submission of the forms to the RA. The paper forms will also be available from the RA. The program functions available to participants or geographic areas deemed 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 IFQ Customer Service 18664257627 Monday through Friday between 8 a.m. and 4:30
p.m. eastern time.

3. In 622.22, revise paragraph a3iii to read as follows:
622.22 Individual fishing quota IFQ
program for Gulf groupers and tilefishes.

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