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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
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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 13053614581. NMFS previously provided IFQ dealers with the necessary paper forms and instructions for
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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 18337071632. 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, 18664257627
Monday through Friday, between 8 a.m.
and 4:30 p.m., Eastern Time.
Classification NMFS issues this action pursuant to section 305d of the Magnuson-Stevens Act. This action is consistent with the regulations in 50 CFR 622.5c1iii, 622.21a3iii, and 622.22a3iii, which were issued pursuant to section 304b of the Magnuson-Stevens Act, and are exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553bB, 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
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