Federal Register - September 8, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations
Martha Williams, Principal Deputy Director, Exercising the Delegated Authority of the Director, U.S. Fish and Wildlife Service.
FR Doc. 202119093 Filed 9721; 8:45 am BILLING CODE 433315C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 622
Docket Nos. 0902061409108103, 120405260425802, and 2007060181;
RTID 0648XB391
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 Hurricane Ida has caused catastrophic conditions in the Gulf for certain Louisiana parishes. 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, e.g., landing transactions. 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
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SUMMARY:
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use revised reporting methods from September 2, 2021, through October 8, 2021.
FOR FURTHER INFORMATION CONTACT: IFQ
Customer Service, telephone: 866425
7627, fax: 7278245308, email:
nmfs.ser.catchshare@noaa.gov. For Federal dealer reporting, Fisheries Monitoring Branch, telephone: 305
3614581. For Federal for-hire reporting, Southeast For-Hire Integrated Electronic Reporting program, telephone: 8337071632.
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 the duration of the catastrophic conditions, and specify which participants or geographic areas are deemed 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
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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 U.S. 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.
Through this temporary rule, the RA
is authorizing Federal dealers and Federal for-hire operators in these affected areas to delay reporting of trip tickets and for-hire logbooks to NMFS, and authorizing IFQ participants in this affected area to use paper-based forms, from September 2, 2021, through October 8, 2021. NMFS will provide additional notification to affected dealers via NOAA Weather Radio, Fishery Bulletins, and other appropriate means. NMFS 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 affected area is available from the NMFS Fisheries Monitoring Branch at 13053614581. 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.
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