82 FR 42044 - Authorization of Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers in Texas and Portions of Louisiana
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 171 (September 6, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 171 (September 6, 2017)
| Page Range | 42044-42046 | |
| FR Document | 2017-18963 |
[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)] [Rules and Regulations] [Pages 42044-42046] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18963] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket Nos. 090206140-91081-03 and 120405260-4258-02] RIN 0648-XF673 Authorization of Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers in Texas and 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) and Federal dealer reporting programs specific to the commercial reef fish and coastal migratory pelagic (CMP) fisheries in the Gulf of Mexico (Gulf), the Regional Administrator, Southeast Region, NMFS (RA) has determined that Hurricane Harvey has caused catastrophic conditions in coastal and adjacent counties in the state of Texas, and Cameron and Vermilion parishes in Louisiana. Consistent with those regulations, the RA has authorized any dealer in the affected area who does not have access to electronic reporting to delay reporting of trip tickets to NOAA Fisheries from September 1, 2017, through October 15, 2017. The RA has [[Page 42045]] also authorized IFQ participants within this affected area to use paper-based forms, if necessary, for basic required administrative functions, e.g., landing transactions, from September 1, 2017, through October 15, 2017. This temporary rule announcing the determination of catastrophic conditions and allowance of alternative methods for completing required IFQ and other dealer reporting administrative functions is intended to facilitate continuation of IFQ and dealer reporting operations during the period of catastrophic conditions. NMFS will continue to monitor and evaluate conditions. A subsequent Federal Register document will be published, if needed. DATES: The RA is authorizing applicable Federal dealers reporting within this affected area to use revised reporting methods from September 1, 2017, through October 15, 2017. 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. SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico is managed under the Fishery Management Plan (FMP) for Reef Fish Resources of the Gulf of Mexico, prepared by the Gulf of Mexico Council. The fishery for CMP fish (king mackerel, Spanish mackerel, and cobia) is managed under the FMP for the CMP Resources of the Gulf of Mexico and South Atlantic. 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). 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). Amendment 26 to the 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 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) and the dealer reporting requirements (50 CFR 622.5(c)) require that Federal dealers and IFQ participants have access to a computer and Internet and that they conduct administrative functions associated with dealer reporting and 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 waive or modify the reporting time requirements for dealers and 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. Hurricane Harvey made landfall between Port Aransas and Port O'Connor, Texas, as a Category 4 hurricane on August 25, 2017. Strong winds and flooding from this hurricane impacted communities throughout coastal and eastern Texas and southwest Louisiana, resulting in power outages and damage to homes, businesses, and infrastructure. As a result, the RA has determined that catastrophic conditions exist in all coastal and adjacent counties of Texas and in Cameron and Vermilion Parishes, Louisiana. Through this temporary rule, the RA is authorizing Federal dealers to delay reporting of trip tickets to NOAA Fisheries and IFQ participants within this affected area to use paper-based forms, from September 1, 2017, through October 15, 2017. NMFS will provide additional notification to affected participants via NOAA weather radio, Fishery Bulletins, and other appropriate means. NOAA Fisheries will continue to monitor and re-evaluate the areas and duration of the catastrophic conditions. Dealers may delay electronic reporting of trip tickets to NOAA Fisheries during catastrophic conditions. Dealers are to report all landings to NOAA Fisheries as soon as possible. Assistance for Federal dealers in effected areas is available at the Fisheries Monitoring Branch, 1-305-361-4581. NMFS previously provided IFQ dealers with the necessary paper forms (sequentially coded) 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 participants, and participants in the affected area are encouraged to continue using these systems, if accessible. The administrative program functions available to 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 Catch Share Support line, 1-866-425-7627 Monday through Friday, between 8 a.m. and 4:30 p.m. eastern time. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of reef fish and CMP species managed under the Gulf IFQ Programs and the Federal dealer reporting programs, and is consistent with the Magnuson- Stevens Act and other applicable laws. This action is taken under 50 CFR 622.5(c), 622.21(a)(3)(iii), and 622.22(a)(3)(iii), and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because this temporary rule is issued without opportunity for prior notice and comment. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the requirements to provide prior notice and opportunity for public comment on this temporary rule. Such procedures are unnecessary because the rules implementing the Gulf IFQ programs and Federal dealer reporting 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 deemed affected by catastrophic conditions. The 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 exist and that paper forms may be utilized in the affected area and that Federal dealers may submit delayed reports. Additionally, delaying this temporary rule to provide prior notice and opportunity for public comment would be contrary to the public interest because affected participants are still fishing for and receiving these species in the affected area and need a means of completing their landing transactions. With the power outages and damages to infrastructure that have occurred in the affected area due to Hurricane Harvey, numerous businesses are unable to complete landings transactions and dealer reports electronically. In order to continue with their businesses, they need to be aware they can still complete [[Page 42046]] landing transactions and dealer reports using the paper forms. For the aforementioned reasons, the AA 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 1, 2017. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-18963 Filed 9-1-17; 4:15 pm] BILLING CODE 3510-22-P
![42044 Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations
Background and Flora (CITES), the Integrated PART 17—ENDANGERED AND
Regulations such as those at 50 CFR Taxonomic Information System (ITIS), THREATENED WILDLIFE AND PLANTS
17.40(c) are promulgated under section and the List at 50 CFR 17.11(h) all use
the term ‘‘monkey’’ for this species. ■ 1. The authority citation for part 17
4(d) of the Act and are referred to as continues to read as follows:
‘‘4(d) rules.’’ These rules apply only to The Tonkin snub-nosed monkey is
threatened species. Petitions to amend currently listed in § 17.40(c)(1) as Authority: 16 U.S.C. 1361–1407; 1531–
4(d) rules are petitions under the ‘‘Tonkin snub-nosed langur (Pygathrix 1544; and 4201–4245, unless otherwise
noted.
Administrative Procedure Act (APA; 5 [Rhinopithecus] avunculus).’’ The snub-
U.S.C. 553(e)) and are considered in nosed monkeys of the genus § 17.40 [Amended]
accordance with 50 CFR 424.10; Rhinopithecus were formerly listed as a ■ 2. Amend § 17.40(c)(1) by:
424.14(a), (j), and Departmental subgenus of Pygathrix, but ■ a. Adding the word ‘‘and’’ before
regulations at 43 CFR part 14. A final Rhinopithecus was elevated to the full ‘‘purple-faced langur (Presbytis senex)’’;
rule published in 1990 reclassified all genus level in 2001(Groves 2001, p. and
Tonkin snub-nosed monkeys from 287). This taxonomic change is now ■ b. Removing the phrase ‘‘; and Tonkin
threatened to endangered (55 FR 39414, widely accepted in the scientific snub-nosed langur (Pygathrix
September 27, 1990), so the provisions community, including CITES (CITES [Rhinopithecus] avunculus)’’.
of the 4(d) rule can no longer be applied 2017, p. 5), ITIS (ITIS 2017,
to this endangered species. Dated: August 30, 2017.
unpaginated), and IUCN Red List (IUCN
Accordingly, we are publishing this James W. Kurth,
2017, unpaginated). Therefore, in this
final rule without a prior proposal final rule we refer to the species as Acting Director, U.S. Fish and Wildlife
because this is a noncontroversial action Service.
Tonkin snub-nosed monkey
that does not alter the regulatory (Rhinopithecus avunculus), which is [FR Doc. 2017–18866 Filed 9–5–17; 8:45 am]
protections afforded to this species and also how the species is presented in the BILLING CODE 4333–15–P
is a technical correction necessary to List at 50 CFR 17.11(h).
bring our regulations into conformity
with the Act. Administrative Procedure DEPARTMENT OF COMMERCE
Previous Federal Actions As explained above, this rulemaking National Oceanic and Atmospheric
In 1976, as part of a decision to list is necessary to bring our regulations into Administration
26 species of primates as threatened or compliance with the Act. Therefore,
endangered under the Act, the Service under these circumstances, we have 50 CFR Part 622
proposed to list Tonkin snub-nosed determined, pursuant to 5 U.S.C.
553(b)(3)(B), that prior notice and [Docket Nos. 090206140–91081–03 and
monkeys as a threatened species (41 FR 120405260–4258–02]
16466, April 19, 1976) and subsequently opportunity for public comment are
finalized the listing (41 FR 45990, impractical and unnecessary. Public RIN 0648–XF673
October 19, 1976). In the same opportunity for comment is simply not
required when an agency amends a Authorization of Revised Reporting
rulemaking, Tonkin snub-nosed
regulation to remove regulatory Requirements Due to Catastrophic
monkeys were included in a new 4(d)
provisions that are not consistent with Conditions for Federal Seafood
rule for threatened primates at 50 CFR
law. Such action is ministerial in nature Dealers in Texas and Portions of
17.40(c).
and allows for no discretion on the part Louisiana
In 1990, all Tonkin snub-nosed
monkeys were reclassified from of the agency. Thus, public comment AGENCY: National Marine Fisheries
threatened to endangered (55 FR 39414, could not inform this process in any Service (NMFS), National Oceanic and
September 27, 1990). meaningful way. We have further Atmospheric Administration (NOAA),
In both the proposed rule and final determined, pursuant to 5 U.S.C. Commerce.
rule reclassifying the species from 553(d)(3), that the agency has good ACTION: Temporary rule; determination
threatened to endangered status (55 FR cause to make this rule effective upon of catastrophic conditions.
1486, January 16, 1990; 55 FR 39414, publication, which is to comply with
September 27, 1990), the Service the Act as soon as practicable. SUMMARY: In accordance with the
indicated through the informational text regulations implementing the individual
List of References Cited fishing quota (IFQ) and Federal dealer
‘‘NA’’ (not applicable) in the ‘‘Special
rules’’ column of the List at 50 CFR A list of the references cited in this reporting programs specific to the
17.11(h) that there are no 4(d) rules for final rule is provided in Docket No. commercial reef fish and coastal
that particular species. However, we FWS–HQ–ES–2017–0026 at http:// migratory pelagic (CMP) fisheries in the
failed to make the corresponding change www.regulations.gov. Gulf of Mexico (Gulf), the Regional
to 50 CFR 17.40(c) to reflect the fact that Administrator, Southeast Region, NMFS
the provisions there no longer applied List of Subjects in 50 CFR Part 17 (RA) has determined that Hurricane
to the now-endangered Tonkin snub- Harvey has caused catastrophic
Endangered and threatened species, conditions in coastal and adjacent
nosed monkey.
Exports, Imports, Reporting and counties in the state of Texas, and
Taxonomy recordkeeping requirements, Cameron and Vermilion parishes in
Transportation.
nlaroche on DSKBBV9HB2PROD with RULES
The terms monkey and langur are Louisiana. Consistent with those
both used interchangeably in the Regulation Promulgation regulations, the RA has authorized any
common name for this species. dealer in the affected area who does not
However, the International Union for Accordingly, we hereby amend part have access to electronic reporting to
Conservation of Nature (IUCN) Red List, 17, subchapter B of chapter I, title 50 of delay reporting of trip tickets to NOAA
the Convention on International Trade the Code of Federal Regulations, as set Fisheries from September 1, 2017,
in Endangered Species of Wild Fauna forth below: through October 15, 2017. The RA has
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![42046 Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations
landing transactions and dealer reports Instructions: NMFS may not consider and, (2) the harvest capacity and stated
using the paper forms. comments if they are sent by any other intent on future harvesting patterns of
For the aforementioned reasons, the method, to any other address or vessels in participating in this fishery.
AA also finds good cause to waive the individual, or received after the
30-day delay in the effectiveness of this comment period ends. All comments Classification
action under 5 U.S.C. 553(d)(3). received are a part of the public record This action responds to the best
Authority: 16 U.S.C. 1801 et seq. and NMFS will post the comments for available information recently obtained
public viewing on www.regulations.gov
Dated: September 1, 2017. from the fishery. The Assistant
without change. All personal identifying
Alan D. Risenhoover, Administrator for Fisheries, NOAA
information (e.g., name, address),
Director, Office of Sustainable Fisheries, (AA), finds good cause to waive the
confidential business information, or
National Marine Fisheries Service. otherwise sensitive information requirement to provide prior notice and
[FR Doc. 2017–18963 Filed 9–1–17; 4:15 pm] submitted voluntarily by the sender is opportunity for public comment
BILLING CODE 3510–22–P publicly accessible. NMFS will accept pursuant to the authority set forth at 5
anonymous comments (enter ‘‘N/A’’ in U.S.C. 553(b)(B) as such requirement is
the required fields if you wish to remain impracticable and contrary to the public
DEPARTMENT OF COMMERCE anonymous). interest. This requirement is
FOR FURTHER INFORMATION CONTACT: impracticable and contrary to the public
National Oceanic and Atmospheric interest as it would prevent NMFS from
Administration Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
responding to the most recent fisheries
manages the groundfish fishery in the data in a timely fashion and would
50 CFR Part 679
GOA exclusive economic zone delay the opening of directed fishing for
[Docket No. 160920866–7167–02] according to the Fishery Management Pacific cod by catcher/processors using
RIN 0648–XF653 Plan for Groundfish of the Gulf of trawl gear in the Central Regulatory
Alaska (FMP) prepared by the North Area of the GOA. NMFS was unable to
Fisheries of the Exclusive Economic Pacific Fishery Management Council publish a notice providing time for
Zone Off Alaska; Pacific Cod by under authority of the Magnuson- public comment because the most
Catcher/Processors Using Trawl Gear Stevens Fishery Conservation and recent, relevant data only became
in the Central Regulatory Area of the Management Act. Regulations governing available as of August 29, 2017.
Gulf of Alaska fishing by U.S. vessels in accordance The AA also finds good cause to
with the FMP appear at subpart H of 50 waive the 30-day delay in the effective
AGENCY: National Marine Fisheries CFR part 600 and 50 CFR part 679.
Service (NMFS), National Oceanic and date of this action under 5 U.S.C.
Regulations governing sideboard 553(d)(3). This finding is based upon
Atmospheric Administration (NOAA), protections for GOA groundfish
Commerce. the reasons provided above for waiver of
fisheries appear at subpart B of 50 CFR
ACTION: Temporary rule; modification of prior notice and opportunity for public
part 680.
a closure; request for comments. NMFS closed directed fishing for comment.
Pacific cod by catcher/processors using Without this inseason adjustment,
SUMMARY: NMFS is opening directed trawl gear in the Central Regulatory NMFS could not allow the fishery for
fishing for Pacific cod by catcher/ Area of the GOA under Pacific cod by catcher/processors using
processors using trawl gear in the § 679.20(d)(1)(iii) on January 1, 2017, trawl gear in the Central Regulatory
Central Regulatory Area of the Gulf of pursuant to the final 2017 and 2018 Area of the GOA to be harvested in an
Alaska (GOA). This action is necessary harvest specifications for groundfish of
to fully use the 2017 total allowable expedient manner and in accordance
the Gulf of Alaska (82 FR 12032, with the regulatory schedule. Under
catch apportioned to catcher/processors February 27, 2017).
using trawl gear in the Central § 679.25(c)(2), interested persons are
NMFS has determined that as of invited to submit written comments on
Regulatory Area of the GOA. August 29, 2017, approximately 970 this action to the above address until
DATES: Effective 1200 hours, Alaska metric tons of Pacific cod remain in the
local time (A.l.t.), September 1, 2017, September 15, 2017.
2017 Pacific cod apportionment for
through 1200 hours, A.l.t., November 1, catcher/processors using trawl gear in This action is required by § 679.25
2017. Comments must be received at the the Central Regulatory Area of the GOA. and is exempt from review under
following address no later than 4:30 Therefore, in accordance with Executive Order 12866.
p.m., A.l.t., September 15, 2017. § 679.25(a)(1)(i), (a)(2)(i)(C), and Authority: 16 U.S.C. 1801 et seq.
ADDRESSES: Submit your comments, (a)(2)(iii)(D), and to fully use the 2017
Dated: August 30, 2017.
identified by NOAA–NMFS–2016–0127, total allowable catch (TAC) of Pacific
by either of the following methods: cod in the Central Regulatory Area of Alan D. Risenhoover,
• Federal e-Rulemaking Portal: Go to the GOA, NMFS is terminating the Director, Office of Sustainable Fisheries,
www.regulations.gov/ previous closure and is opening National Marine Fisheries Service.
#!docketDetail;D=NOAA-NMFS-2016- directed fishing for Pacific cod by [FR Doc. 2017–18818 Filed 8–31–17; 4:15 pm]
0127, click the ‘‘Comment Now!’’ icon, catcher/processors using trawl gear in BILLING CODE 3510–22–P
complete the required fields, and enter the Central Regulatory Area of the GOA.
nlaroche on DSKBBV9HB2PROD with RULES
or attach your comments. The Administrator, Alaska Region,
• Mail: Submit written comments to NMFS, (Regional Administrator)
Glenn Merrill, Assistant Regional considered the following factors in
Administrator, Sustainable Fisheries reaching this decision: (1) The current
Division, Alaska Region NMFS, Attn: catch of Pacific cod by catcher/
Ellen Sebastian. Mail comments to P.O. processors using trawl gear in the
Box 21668, Juneau, AK 99802–1668. Central Regulatory Area of the GOA
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Document Created: 2017-09-06 00:56:32
Document Modified: 2017-09-06 00:56:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; determination of catastrophic conditions. | |
| Dates | The RA is authorizing applicable Federal dealers reporting within this affected area to use revised reporting methods from September 1, 2017, through October 15, 2017. | |
| 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. | |
| FR Citation | 82 FR 42044 | |
| RIN Number | 0648-XF67 |
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