[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Rules and Regulations]
[Pages 56168-56169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22450]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 090206140-91081-03]
RIN 0648-XC227
Reef Fish Fishery of the Gulf of Mexico; Gulf of Mexico
Individual Fishing Quota Programs
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; determination of catastrophic conditions.
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SUMMARY: In accordance with the regulations implementing the individual
fishing quota (IFQ) programs for the commercial red snapper and
grouper/tilefish components of the reef fish fishery in the Gulf of
Mexico (Gulf), the Regional Administrator, Southeast Region, NMFS (RA)
has determined that catastrophic conditions exist in the following
Louisiana Parishes: Lafourche, St. Bernard, Plaquemines, and Jefferson,
as a result of Hurricane Isaac. Consistent with those regulations, the
RA has authorized IFQ participants within this affected area to
temporarily use paper-based forms, if necessary, for basic required IFQ
administrative functions, e.g., landing transactions. This temporary
rule announcing the determination of catastrophic conditions and
allowance of alternative methods for completing required IFQ
administrative functions is intended to facilitate continuation of IFQ
operations during the period of catastrophic conditions.
DATES: This temporary rule is effective from September 12, 2012,
through October 9, 2012.
FOR FURTHER INFORMATION CONTACT: Anik Clemens, (727) 551-5611, email
[email protected].
[[Page 56169]]
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the Fishery Management Plan for Reef Fish Resources of
the Gulf of Mexico (FMP). The FMP was prepared by the Council and is
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 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 programs (50 CFR 622.16 and 622.20) require that IFQ
participants have access to a computer and Internet access 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 in the affected area who are
unable to submit information electronically to use paper-based forms to
complete IFQ 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
by the catastrophic conditions.
Hurricane Isaac made landfall in Plaquemines Parish, Louisiana, as
a Category 1 hurricane on August 28, 2012. Strong winds and flooding
from this hurricane impacted coastal communities throughout southeast
Louisiana, resulting in power outages and damage to homes, businesses,
and infrastructure. As a result, the RA has determined that
catastrophic conditions exist in Lafourche, St. Bernard, Plaquemines,
and Jefferson Parishes, Louisiana. Through this temporary rule, the RA
is authorizing IFQ participants within this affected area to use paper-
based forms from September 12, 2012, through October 9, 2012. NMFS will
provide additional notification to affected participants via NOAA
weather radio, Fishery Bulletin, and other appropriate means.
NMFS previously provided each IFQ dealer 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 system for submitting information to NMFS
will continue to be available to all participants, and participants in
the affected area are encouraged to continue using this system, 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 IFQ Customer Service 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
Gulf red snapper and grouper and tilefish species managed under the
Gulf IFQ Programs, and is consistent with the Magnuson-Stevens Act and
other applicable laws.
This action is taken under 50 CFR 622.16(a)(3)(iii) and
622.20(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, namely Amendment 26 to the
FMP (71 FR 67447, November 22, 2006) and Amendment 29 to the FMP (74 FR
44732, August 31, 2009), have already been subject to notice and
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. 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 these species in the affected area and need a means
of completing their landing transactions. With the power outages that
have occurred in the affected area due to Hurricane Isaac numerous
businesses are unable to complete landings transactions electronically.
In order to continue with their businesses, they need to be aware
they can still complete landing transactions 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 6, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-22450 Filed 9-7-12; 4:15 pm]
BILLING CODE 3510-22-P