81_FR_12648 81 FR 12601 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Recreational Accountability Measure and Closure for Atlantic Migratory Group Cobia

81 FR 12601 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Recreational Accountability Measure and Closure for Atlantic Migratory Group Cobia

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 47 (March 10, 2016)

Page Range12601-12602
FR Document2016-05393

NMFS implements accountability measures (AMs) for Atlantic migratory group cobia that are not sold (recreational) in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects that recreational landings of Atlantic migratory group cobia will reach the recreational annual catch target (ACT) by June 20, 2016. Therefore, NMFS closes the recreational sector for Atlantic migratory group cobia on June 20, 2016, and it will remain closed for the remainder of the fishing year through December 31, 2016. This closure is necessary to protect the resource of Atlantic migratory group cobia.

Federal Register, Volume 81 Issue 47 (Thursday, March 10, 2016) 
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Rules and Regulations]
[Pages 12601-12602]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05393]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XE445


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2016 Recreational Accountability Measure and Closure for Atlantic 
Migratory Group Cobia

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements accountability measures (AMs) for Atlantic 
migratory group cobia that are not sold (recreational) in the exclusive 
economic zone (EEZ) of the South Atlantic. NMFS projects that 
recreational landings of Atlantic migratory group cobia will reach the 
recreational annual catch target (ACT) by June 20, 2016. Therefore, 
NMFS closes the recreational sector for Atlantic migratory group cobia 
on June 20, 2016, and it will remain closed for the remainder of the 
fishing year through December 31, 2016. This closure is necessary to 
protect the resource of Atlantic migratory group cobia.

DATES: This rule is effective from 12:01 a.m., local time, June 20, 
2016, until 12:01 a.m., local time, January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, and cobia) is managed under the 
Fishery Management Plan for Coastal Migratory Pelagic Resources in the 
Gulf of Mexico and Atlantic Region (FMP). The FMP was prepared by the 
Gulf of Mexico and South Atlantic Fishery Management Councils and is 
implemented by NMFS under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622.
    Separate migratory groups of cobia were established in Amendment 18 
to the FMP (76 FR 82058, December 29, 2011) and revised in Amendment 
20B to the FMP (80 FR 4216, January 27, 2015). The southern boundary 
for Atlantic migratory group cobia occurs at a line that extends due 
east of the Florida/Georgia border at 30[deg]42'45.6'' N. latitude. The 
northern boundary for Atlantic migratory group cobia is at the 
jurisdictional boundary between the Mid-Atlantic and New England 
Fishery Management Councils. As specified in 50 CFR 600.105(a), the 
northern boundary begins at the intersection point of Connecticut, 
Rhode Island, and New York at 41[deg]18'16.249'' N. latitude and 
71[deg]54'28.477'' W. longitude and proceeds south along 
37[deg]22'32.75'' E. longitude to the point of intersection with the 
outward boundary of the EEZ as specified in the Magnuson-Stevens Act.
    Atlantic migratory group cobia are unique among federally managed 
species in the southeast region, because no Federal commercial permit 
is required to harvest and sell them. The distinction between 
commercial and recreational sectors is not as clear as other federally 
managed species in the southeast region. For example, regulations at 50 
CFR part 622 specify ACLs and AMs for cobia that are sold and cobia 
that are not sold. However, for purposes of this temporary rule, 
Atlantic migratory group cobia that are sold are considered 
commercially-caught, and those that are not sold are considered 
recreationally-caught.
    The AMs specified at 50 CFR 622.388(f)(2)(i) require that for the 
recreational sector of Atlantic migratory group cobia, if the sum of 
the commercial and recreational landings exceed the stock ACL 
(commercial ACL plus recreational ACL), NMFS must file a notice with 
the Office of the Federal Register at or near the beginning of the 
following fishing year to reduce the length of the fishing season by 
the amount necessary to ensure landings may achieve the applicable 
recreational ACT, but do not exceed the applicable recreational ACL.
    The recreational AM is triggered for 2016, because although 
commercial landings did not exceed the commercial ACL (commercial 
quota) in 2015, the recreational landings exceeded both the 
recreational ACL and the stock ACL. Because Amendment 20B to the FMP 
changed the ACLs beginning in 2015, only 1 year of recreational 
landings is available to compare to the recreational ACL. NMFS has 
determined that the recreational ACT for Atlantic migratory group cobia 
will be reached by June 20, 2016. Accordingly, the recreational harvest 
of Atlantic migratory group cobia will be closed at 12:01 a.m., local 
time, on June 20, 2016, and remain closed until 12:01 a.m., local time, 
January 1, 2017.
    During the recreational closure, the possession limit of two cobia 
per day remains in effect (50 CFR 622.383(b)) for Atlantic migratory 
group cobia that are sold. The possession limit applies to cobia 
harvested in or from the EEZ in the Mid-Atlantic or South Atlantic, 
regardless of the number of trips or duration of a trip. In addition, a 
person who fishes in the EEZ may not combine this harvest limitation 
with a harvest limitation applicable to state waters. Atlantic 
migratory group cobia taken in the EEZ may not be transferred at sea, 
regardless of where such transfer takes place, and may not be 
transferred in the EEZ.

[[Page 12602]]

    Because the commercial AM has not been triggered in 2016, this is 
only for the recreational sector. The commercial quota for Atlantic 
migratory group cobia is 50,000 lb (22,680 kg), round weight, for the 
current fishing year, January 1 through December 31, 2016, as specified 
in 50 CFR 622.384(d)(2). The sale or purchase of Atlantic migratory 
group cobia taken under the possession limit is allowed until the 
commercial quota is reached or is projected to be reached. If cobia 
landings that are sold reach or are projected to reach the commercial 
quota specified in Sec.  622.384(d)(2), the Assistant Administrator for 
Fisheries, NOAA (AA), will file a notification with the Office of the 
Federal Register to prohibit the sale and purchase of cobia for the 
remainder of the fishing year through December 31, 2016.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Atlantic migratory group cobia and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.388(f)(2) and is exempt from 
review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    This action is based on the best scientific information available. 
The AA finds good cause to waive the requirements to provide prior 
notice and opportunity for public comment, pursuant to the authority 
set forth at 5 U.S.C. 553(b)(B), as such prior notice and opportunity 
for public comment is unnecessary and contrary to the public interest. 
Such procedures are unnecessary and contrary to the public interest 
because the AMs for Atlantic migratory group cobia established by 
Amendment 18 to the FMP, and located at 50 CFR 622.388(f)(1)(i), have 
already been subject to notice and comment, and all that remains is to 
notify the public of the recreational closure in the 2016 fishing year. 
Prior notice and opportunity for public comment on this action would be 
contrary to the public interest, because many of those affected by the 
length of the recreational fishing season, particularly charter vessel 
and headboat operations that book trips for clients in advance, need as 
much advance notice as NMFS is able to provide to adjust their business 
plans to account for the reduced recreational fishing season.
    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: March 7, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-05393 Filed 3-9-16; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 12601 information contained therein, if Atmospheric Administration (NOAA), Atlantic migratory group cobia are determined to be releasable, shall be Commerce. unique among federally managed provided. ACTION: Temporary rule; closure. species in the southeast region, because * * * * * no Federal commercial permit is ■ 11. In § 2508.15, revise the first SUMMARY: NMFS implements required to harvest and sell them. The sentence of paragraph (b)(1) to read as accountability measures (AMs) for distinction between commercial and follows: Atlantic migratory group cobia that are recreational sectors is not as clear as not sold (recreational) in the exclusive other federally managed species in the § 2508.15 What are the procedures for economic zone (EEZ) of the South southeast region. For example, requesting inspection of, amendment or Atlantic. NMFS projects that regulations at 50 CFR part 622 specify correction to, or appeal of an individual’s recreational landings of Atlantic ACLs and AMs for cobia that are sold records maintained by the Corporation and cobia that are not sold. However, for other than that individual’s official migratory group cobia will reach the personnel file? recreational annual catch target (ACT) purposes of this temporary rule, by June 20, 2016. Therefore, NMFS Atlantic migratory group cobia that are * * * * * sold are considered commercially- (b) * * * closes the recreational sector for (1) In the event an individual, after Atlantic migratory group cobia on June caught, and those that are not sold are examination of his or her record, desires 20, 2016, and it will remain closed for considered recreationally-caught. to request an amendment or correction the remainder of the fishing year The AMs specified at 50 CFR of such records, the request must be through December 31, 2016. This 622.388(f)(2)(i) require that for the submitted in writing and addressed to closure is necessary to protect the recreational sector of Atlantic migratory the Corporation for National and resource of Atlantic migratory group group cobia, if the sum of the Community Service, Office of the cobia. commercial and recreational landings General Counsel, Attn: Privacy Act exceed the stock ACL (commercial ACL DATES: This rule is effective from 12:01 Officer, 250 E Street SW., Washington, plus recreational ACL), NMFS must file a.m., local time, June 20, 2016, until DC 20525. * * * a notice with the Office of the Federal 12:01 a.m., local time, January 1, 2017. Register at or near the beginning of the * * * * * FOR FURTHER INFORMATION CONTACT: following fishing year to reduce the ■ 12. In § 2508.16, revise the first Karla Gore, NMFS Southeast Regional length of the fishing season by the sentence of paragraph (a) to read as Office, telephone: 727–824–5305, email: amount necessary to ensure landings follows: karla.gore@noaa.gov. may achieve the applicable recreational § 2508.16 What are the procedures for SUPPLEMENTARY INFORMATION: The ACT, but do not exceed the applicable filing an appeal for refusal to amend or fishery for coastal migratory pelagic fish recreational ACL. correct records? (king mackerel, Spanish mackerel, and The recreational AM is triggered for (a) In the event an individual desires cobia) is managed under the Fishery 2016, because although commercial to appeal any refusal to correct or Management Plan for Coastal Migratory landings did not exceed the commercial amend records, he or she may do so by Pelagic Resources in the Gulf of Mexico ACL (commercial quota) in 2015, the addressing, in writing, such appeal to and Atlantic Region (FMP). The FMP recreational landings exceeded both the the Corporation for National and was prepared by the Gulf of Mexico and recreational ACL and the stock ACL. Community Service, Office of the Chief South Atlantic Fishery Management Because Amendment 20B to the FMP Operating Officer, Attn: Appeal Officer, Councils and is implemented by NMFS changed the ACLs beginning in 2015, 250 E Street SW., Washington, DC under the authority of the Magnuson- only 1 year of recreational landings is 20525. * * * Stevens Fishery Conservation and available to compare to the recreational * * * * * Management Act (Magnuson-Stevens ACL. NMFS has determined that the Act) by regulations at 50 CFR part 622. recreational ACT for Atlantic migratory Dated: March 4, 2016. Separate migratory groups of cobia group cobia will be reached by June 20, Jeremy Joseph, were established in Amendment 18 to 2016. Accordingly, the recreational General Counsel. the FMP (76 FR 82058, December 29, harvest of Atlantic migratory group [FR Doc. 2016–05347 Filed 3–9–16; 8:45 am] 2011) and revised in Amendment 20B to cobia will be closed at 12:01 a.m., local BILLING CODE 6050–28–P the FMP (80 FR 4216, January 27, 2015). time, on June 20, 2016, and remain The southern boundary for Atlantic closed until 12:01 a.m., local time, migratory group cobia occurs at a line January 1, 2017. DEPARTMENT OF COMMERCE that extends due east of the Florida/ During the recreational closure, the Georgia border at 30°42′45.6″ N. possession limit of two cobia per day National Oceanic and Atmospheric latitude. The northern boundary for remains in effect (50 CFR 622.383(b)) for Administration Atlantic migratory group cobia is at the Atlantic migratory group cobia that are jurisdictional boundary between the sold. The possession limit applies to 50 CFR Part 622 Mid-Atlantic and New England Fishery cobia harvested in or from the EEZ in [Docket No. 101206604–1758–02] Management Councils. As specified in the Mid-Atlantic or South Atlantic, 50 CFR 600.105(a), the northern regardless of the number of trips or RIN 0648–XE445 boundary begins at the intersection duration of a trip. In addition, a person point of Connecticut, Rhode Island, and who fishes in the EEZ may not combine Fisheries of the Caribbean, Gulf of jstallworth on DSK7TPTVN1PROD with RULES New York at 41°18′16.249″ N. latitude this harvest limitation with a harvest Mexico, and South Atlantic; 2016 and 71°54′28.477″ W. longitude and limitation applicable to state waters. Recreational Accountability Measure proceeds south along 37°22′32.75″ E. Atlantic migratory group cobia taken in and Closure for Atlantic Migratory longitude to the point of intersection the EEZ may not be transferred at sea, Group Cobia with the outward boundary of the EEZ regardless of where such transfer takes AGENCY: National Marine Fisheries as specified in the Magnuson-Stevens place, and may not be transferred in the Service (NMFS), National Oceanic and Act. EEZ. VerDate Sep<11>2014 14:38 Mar 09, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1

12602 Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations Because the commercial AM has not For the aforementioned reasons, the December 31, 2016, or until and if been triggered in 2016, this is only for AA also finds good cause to waive the NMFS announces via a notice in the the recreational sector. The commercial 30-day delay in the effectiveness of this Federal Register that additional quota is quota for Atlantic migratory group cobia action under 5 U.S.C. 553(d)(3). available and the season is reopened. is 50,000 lb (22,680 kg), round weight, Authority: 16 U.S.C. 1801 et seq. FOR FURTHER INFORMATION CONTACT: Guy for the current fishing year, January 1 DuBeck or Karyl Brewster-Geisz, 301– through December 31, 2016, as specified Dated: March 7, 2016. 427–8503; fax 301–713–1917. in 50 CFR 622.384(d)(2). The sale or Emily H. Menashes, SUPPLEMENTARY INFORMATION: The purchase of Atlantic migratory group Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. Atlantic shark fisheries are managed cobia taken under the possession limit under the 2006 Consolidated Highly is allowed until the commercial quota is [FR Doc. 2016–05393 Filed 3–9–16; 8:45 am] Migratory Species (HMS) Fishery reached or is projected to be reached. If BILLING CODE 3510–22–P Management Plan (FMP), its cobia landings that are sold reach or are amendments, and implementing projected to reach the commercial quota regulations (50 CFR part 635) issued specified in § 622.384(d)(2), the DEPARTMENT OF COMMERCE under authority of the Magnuson- Assistant Administrator for Fisheries, Stevens Fishery Conservation and NOAA (AA), will file a notification with National Oceanic and Atmospheric Administration Management Act (16 U.S.C. 1801 et the Office of the Federal Register to seq.). prohibit the sale and purchase of cobia Under § 635.5(b)(1), dealers must for the remainder of the fishing year 50 CFR Part 635 electronically submit reports on sharks through December 31, 2016. [Docket No. 150413357–5999–02] that are first received from a vessel on Classification RIN 0648–XE484 a weekly basis through a NMFS- The Regional Administrator, approved electronic reporting system. Southeast Region, NMFS, has Atlantic Highly Migratory Species; Reports must be received by no later determined this temporary rule is Commercial Blacktip Sharks, than midnight, local time, of the first necessary for the conservation and Aggregated Large Coastal Sharks, and Tuesday following the end of the management of Atlantic migratory group Hammerhead Sharks in the Western reporting week unless the dealer is cobia and is consistent with the Gulf of Mexico Sub-Region otherwise notified by NMFS. Under Magnuson-Stevens Act and other § 635.28(b)(4), the quotas of certain AGENCY: National Marine Fisheries species and/or management groups are applicable laws. Service (NMFS), National Oceanic and This action is taken under 50 CFR linked. If quotas are linked, when the Atmospheric Administration (NOAA), specified quota threshold for one 622.388(f)(2) and is exempt from review Commerce. under Executive Order 12866. management group or species is reached These measures are exempt from the ACTION: Temporary rule; closure. and that management group or species procedures of the Regulatory Flexibility is closed, the linked management group SUMMARY: NMFS is closing the or species closes at the same time Act because the temporary rule is issued commercial fishery for blacktip sharks (§ 635.28(b)(3)). The quotas for without opportunity for prior notice and and the aggregated large coastal sharks aggregated LCS and the hammerhead comment. This action is based on the best (LCS) and hammerhead shark shark management groups in the scientific information available. The AA management groups in the western Gulf western Gulf of Mexico sub-region are finds good cause to waive the of Mexico sub-region. This action is linked (§ 635.28(b)(4)(iii)). The blacktip requirements to provide prior notice necessary because the commercial shark quota in the western Gulf of and opportunity for public comment, landings of aggregated LCS and Mexico sub-region is not linked to the pursuant to the authority set forth at 5 hammerhead sharks in the western Gulf aggregated LCS or hammerhead shark U.S.C. 553(b)(B), as such prior notice of Mexico sub-region for the 2016 quotas. Regulations at § 635.28(b)(2) and and opportunity for public comment is fishing season have exceeded 80 percent (b)(5) authorize the closure of the unnecessary and contrary to the public of the available commercial quota as of blacktip shark fishery in the Gulf of interest. Such procedures are March 4, 2016, and the aggregated LCS Mexico at a regional or sub-regional unnecessary and contrary to the public and hammerhead shark management level when landings have reached or are interest because the AMs for Atlantic groups are quota-linked under the expected to reach 80 percent of the migratory group cobia established by current regulations. The blacktip shark quota or, after considering certain Amendment 18 to the FMP, and located fishery in the western Gulf of Mexico criteria and relevant factors, before at 50 CFR 622.388(f)(1)(i), have already sub-region will be closed to minimize those situations occur. been subject to notice and comment, regulatory discards of aggregate LCS in Under § 635.28(b)(2) and (3), when and all that remains is to notify the the western Gulf of Mexico sub-region, NMFS calculates that the landings for public of the recreational closure in the which are often caught in conjunction any species and/or management group 2016 fishing year. Prior notice and with blacktip sharks in the commercial of either a non-linked or a linked group opportunity for public comment on this shark fisheries. This closure will affect have reached or are projected to reach action would be contrary to the public anyone commercially fishing for sharks a threshold of 80 percent of the interest, because many of those affected in the western Gulf of Mexico sub- available quota, NMFS will file for by the length of the recreational fishing region. publication with the Office of the jstallworth on DSK7TPTVN1PROD with RULES season, particularly charter vessel and DATES: The commercial fishery for Federal Register a notice of closure for headboat operations that book trips for blacktip sharks and the aggregated LCS all of the species and/or management clients in advance, need as much and hammerhead shark management groups of either a non-linked or linked advance notice as NMFS is able to groups in the western Gulf of Mexico group that will be effective no fewer provide to adjust their business plans to sub-region are closed effective 11:30 than 5 days from date of filing. From the account for the reduced recreational p.m. local time March 12, 2016, until effective date and time of the closure fishing season. the end of the 2016 fishing season on until and if NMFS announces, via a VerDate Sep<11>2014 14:38 Mar 09, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1


Document Created: 2018-02-02 15:11:42
Document Modified: 2018-02-02 15:11:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesThis rule is effective from 12:01 a.m., local time, June 20, 2016, until 12:01 a.m., local time, January 1, 2017.
ContactKarla Gore, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation81 FR 12601 
RIN Number0648-XE44
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