81_FR_87205 81 FR 86973 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measures and Closure for Atlantic Migratory Group Cobia

81 FR 86973 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measures and Closure for Atlantic Migratory Group Cobia

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 232 (December 2, 2016)

Page Range86973-86974
FR Document2016-28904

NMFS implements accountability measures (AMs) for Atlantic migratory group cobia that are sold (commercial) and harvested from the exclusive economic zone (EEZ) of the Atlantic. NMFS projects that commercial landings of Atlantic migratory group cobia have reached the commercial quota. Therefore, NMFS closes the commercial sector for Atlantic migratory group cobia on December 6, 2016, and it will remain closed until the start of the next fishing year on January 1, 2017. This closure is necessary to protect the resource of Atlantic migratory group cobia.

Federal Register, Volume 81 Issue 232 (Friday, December 2, 2016) 
[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Rules and Regulations]
[Pages 86973-86974]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28904]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XF056


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2016 Commercial Accountability Measures 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 sold (commercial) and harvested from the 
exclusive economic zone (EEZ) of the Atlantic. NMFS projects that 
commercial landings of Atlantic migratory group cobia have reached the 
commercial quota. Therefore, NMFS closes the commercial sector for 
Atlantic migratory group cobia on December 6, 2016, and it will remain 
closed until the start of the next fishing year on January 1, 2017. 
This closure is necessary to protect the resource of Atlantic migratory 
group cobia.

[[Page 86974]]


DATES: This rule is effective from 12:01 a.m., local time, December 6, 
2016, until 12:01 a.m., local time, January 1, 2017.

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

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish includes king mackerel, Spanish mackerel, and cobia, and 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 then 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 and Georgia state border at 
30[deg]42'45.6'' N. lat. The northern boundary for Atlantic migratory 
group cobia is the jurisdictional boundary between the Mid-Atlantic and 
New England Fishery Management Councils, as specified in 50 CFR 
600.105(a).
    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 quotas, annual catch limits, 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 commercial quota for Atlantic migratory group cobia is 50,000 
lb (22,680 kg), round or gutted weight, for the 2016 fishing year, from 
January 1 through December 31, as specified in 50 CFR 622.384(d)(2).
    The AMs for the commercial sector of Atlantic migratory group 
cobia, specified at 50 CFR 622.388(f)(1)(i), require that NMFS 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 if 
commercial landings reach or are projected to reach the commercial 
quota specified in Sec.  622.384(d)(2). The commercial AM is triggered 
for 2016, because NMFS projects that commercial landings of Atlantic 
migratory group cobia have reached the commercial quota. Accordingly, 
the commercial sector for Atlantic migratory group cobia is closed at 
12:01 a.m., local time, on December 6, 2016, and remains closed until 
12:01 a.m., local time, January 1, 2017.
    During the commercial closure, the sale and purchase of Atlantic 
migratory group cobia is prohibited. Additionally, on June 20, 2016, 
NMFS closed the recreational sector for Atlantic migratory group cobia 
for the remainder of the 2016 fishing year, because the recreational 
annual catch target was projected to be reached (81 FR 12601, March 10, 
2016). Therefore, the possession limit for recreational Atlantic 
migratory group cobia is zero for the remainder of the 2016 fishing 
year. The prohibition on sale and purchase does not apply to Atlantic 
migratory group cobia that were harvested, landed ashore, and sold 
prior to 12:01 a.m., local time, December 6, 2016, and were held in 
cold storage by a dealer or processor.
    The commercial and recreational sectors for Atlantic migratory 
group cobia will re-open at the beginning of the 2017 fishing year on 
January 1, 2017.

Classification

    The Regional Administrator for the NMFS Southeast Region 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)(1)(i) 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 Assistant Administrator for NOAA Fisheries 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 because the AMs for Atlantic migratory group cobia have 
already been subject to notice and comment, and all that remains is to 
notify the public of the commercial closure for the remainder of the 
2016 fishing year. Prior notice and opportunity for public comment on 
this action would be contrary to the public interest, because of the 
need to immediately implement the commercial closure to protect 
Atlantic migratory group cobia, since the capacity of the fishing fleet 
allows for rapid harvest of the commercial quota. Prior notice and 
opportunity for public comment would require time and would potentially 
result in a harvest that exceeds the commercial quota.
    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: November 28, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-28904 Filed 12-1-16; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations 86973 Classification vessel/headboat component quota (2) For fishing year 2016—2.434 The Regional Administrator, applies to vessels that have been issued million lb (1.104 million kg), round Southeast Region, NMFS has a valid Federal charter vessel/headboat weight. permit for Gulf reef fish any time during (3) For fishing years 2017 through determined that this final rule is the fishing year. This component quota 2022—2.395 million lb (1.086 million consistent with Amendment 45, the is effective for only the 2015 through kg), round weight. FMP, the Magnuson-Stevens Act, and (C) Private angling component ACT. other applicable law. 2022 fishing years. For the 2023 and subsequent fishing years, the applicable The private angling component ACT This final rule has been determined to total recreational quota, specified in applies to vessels that fish under the bag be not significant for purposes of paragraph (a)(2)(i)(A) of this section, limit and have not been issued a Federal Executive Order 12866. will apply to the recreational sector. charter vessel/headboat permit for Gulf The Magnuson-Stevens Act provides (1) For fishing year 2015—2.964 reef fish any time during the fishing the statutory basis for this rule. No million lb (1.344 million kg), round year. This component ACT is effective duplicative, overlapping, or conflicting weight. for only the 2015 through 2022 fishing Federal rules have been identified. In (2) For fishing year 2016—3.042 years. For the 2023 and subsequent addition, no new reporting, record- million lb (1.380 million kg), round fishing years, the applicable total keeping, or other compliance recreational ACT, specified in paragraph requirements are introduced by this weight. (3) For fishing years 2017 through (q)(2)(iii)(A) of this section, will apply final rule. to the recreational sector. The Chief Counsel for Regulation of 2022—2.993 million lb (1.358 million kg), round weight. (1) For fishing year 2015—3.234 the Department of Commerce certified million lb (1.467 million kg), round (C) Private angling component quota. to the Chief Counsel for Advocacy of the weight. The private angling component quota Small Business Administration during (2) For fishing year 2016—3.320 applies to vessels that fish under the bag the proposed rule stage that this rule million lb (1.506 million kg), round limit and have not been issued a Federal would not have a significant economic weight. charter vessel/headboat permit for Gulf impact on a substantial number of small (3) For fishing years 2017 through reef fish any time during the fishing entities. The factual basis for this 2022—3.266 million lb (1.481 million year. This component quota is effective determination was published in the kg), round weight. for only the 2015 through 2022 fishing proposed rule and is not repeated here. years. For the 2023 and subsequent [FR Doc. 2016–28905 Filed 12–1–16; 8:45 am] No significant issues were received fishing years, the applicable total BILLING CODE 3510–22–P regarding the certification by public recreational quota, specified in comments on the proposed rule, no paragraph (a)(2)(i)(A) of this section, changes were made to the rule in DEPARTMENT OF COMMERCE will apply to the recreational sector. response to such comments, and NMFS (1) For fishing year 2015—4.043 has not received any new information National Oceanic and Atmospheric million lb (1.834 million kg), round that would affect its determination. As Administration weight. a result, a final regulatory flexibility (2) For fishing year 2016—4.150 analysis is not required and none was million lb (1.882 million kg), round 50 CFR Part 622 prepared. weight. [Docket No. 101206604–1758–02] List of Subjects in 50 CFR Part 622 (3) For fishing years 2017 through RIN 0648–XF056 2022—4.083 million lb (1.852 million Fisheries, Fishing, Gulf, Quotas, kg), round weight. Fisheries of the Caribbean, Gulf of Recreational, Red snapper. * * * * * Mexico, and South Atlantic; 2016 Dated: November 28, 2016. ■ 3. In § 622.41, revise paragraphs Commercial Accountability Measures Samuel D. Rauch III, (q)(2)(iii)(B) and (C) to read as follows: and Closure for Atlantic Migratory Deputy Assustant Administrator for Group Cobia Regulatory Programs, National Marine § 622.41 Annual catch limits (ACLs), Fisheries Service. annual catch targets (ACTs), and AGENCY: National Marine Fisheries For the reasons set out in the accountability measures (AMs). Service (NMFS), National Oceanic and preamble, 50 CFR part 622 is amended * * * * * Atmospheric Administration (NOAA), as follows: (q) * * * Commerce. (2) * * * ACTION: Temporary rule; closure. PART 622—FISHERIES OF THE (iii) * * * CARIBBEAN, GULF OF MEXICO, AND (B) Federal charter vessel/headboat SUMMARY: NMFS implements SOUTH ATLANTIC component ACT. The Federal charter accountability measures (AMs) for vessel/headboat component ACT Atlantic migratory group cobia that are ■ 1. The authority citation for part 622 applies to vessels that have been issued sold (commercial) and harvested from continues to read as follows: a valid Federal charter vessel/headboat the exclusive economic zone (EEZ) of Authority: 16 U.S.C. 1801 et seq. permit for Gulf reef fish any time during the Atlantic. NMFS projects that ■ 2. In § 622.39, revise paragraphs the fishing year. This component ACT is commercial landings of Atlantic (a)(2)(i)(B) and (C) to read as follows: effective for only the 2015 through 2022 migratory group cobia have reached the fishing years. For the 2023 and commercial quota. Therefore, NMFS jstallworth on DSK7TPTVN1PROD with RULES § 622.39 Quotas. subsequent fishing years, the applicable closes the commercial sector for * * * * * total recreational ACT, specified in Atlantic migratory group cobia on (a) * * * paragraph (q)(2)(iii)(A) of this section, December 6, 2016, and it will remain (2) * * * will apply to the recreational sector. closed until the start of the next fishing (i) * * * (1) For fishing year 2015—2.371 year on January 1, 2017. This closure is (B) Federal charter vessel/headboat million lb (1.075 million kg), round necessary to protect the resource of component quota. The Federal charter weight. Atlantic migratory group cobia. VerDate Sep<11>2014 14:49 Dec 01, 2016 Jkt 241001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\02DER1.SGM 02DER1

86974 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations DATES: This rule is effective from 12:01 The commercial quota for Atlantic this temporary rule is necessary for the a.m., local time, December 6, 2016, until migratory group cobia is 50,000 lb conservation and management of 12:01 a.m., local time, January 1, 2017. (22,680 kg), round or gutted weight, for Atlantic migratory group cobia and is FOR FURTHER INFORMATION CONTACT: the 2016 fishing year, from January 1 consistent with the Magnuson-Stevens Frank Helies, NMFS Southeast Regional through December 31, as specified in 50 Act and other applicable laws. Office, telephone: 727–824–5305, email: CFR 622.384(d)(2). This action is taken under 50 CFR frank.helies@noaa.gov. The AMs for the commercial sector of 622.388(f)(1)(i) and is exempt from SUPPLEMENTARY INFORMATION: The Atlantic migratory group cobia, review under Executive Order 12866. fishery for coastal migratory pelagic fish specified at 50 CFR 622.388(f)(1)(i), These measures are exempt from the includes king mackerel, Spanish require that NMFS file a notification procedures of the Regulatory Flexibility mackerel, and cobia, and is managed with the Office of the Federal Register Act because the temporary rule is issued under the Fishery Management Plan for to prohibit the sale and purchase of without opportunity for prior notice and Coastal Migratory Pelagic Resources in cobia for the remainder of the fishing comment. the Gulf of Mexico and Atlantic Region year if commercial landings reach or are This action is based on the best (FMP). The FMP was prepared by the projected to reach the commercial quota scientific information available. The Gulf of Mexico and South Atlantic specified in § 622.384(d)(2). The Assistant Administrator for NOAA Fishery Management Councils and is commercial AM is triggered for 2016, Fisheries finds good cause to waive the implemented by NMFS under the because NMFS projects that commercial requirements to provide prior notice authority of the Magnuson-Stevens landings of Atlantic migratory group and opportunity for public comment, Fishery Conservation and Management cobia have reached the commercial pursuant to the authority set forth at 5 Act (Magnuson-Stevens Act) by quota. Accordingly, the commercial U.S.C. 553(b)(B), as such prior notice regulations at 50 CFR part 622. sector for Atlantic migratory group cobia and opportunity for public comment is Separate migratory groups of cobia is closed at 12:01 a.m., local time, on unnecessary and contrary to the public were established in Amendment 18 to December 6, 2016, and remains closed interest. Such procedures are the FMP (76 FR 82058, December 29, until 12:01 a.m., local time, January 1, unnecessary because the AMs for 2011), and then revised in Amendment 2017. Atlantic migratory group cobia have 20B to the FMP (80 FR 4216, January 27, During the commercial closure, the already been subject to notice and 2015). The southern boundary for sale and purchase of Atlantic migratory comment, and all that remains is to Atlantic migratory group cobia occurs at group cobia is prohibited. Additionally, notify the public of the commercial a line that extends due east of the on June 20, 2016, NMFS closed the closure for the remainder of the 2016 Florida and Georgia state border at recreational sector for Atlantic fishing year. Prior notice and 30°42′45.6″ N. lat. The northern migratory group cobia for the remainder opportunity for public comment on this boundary for Atlantic migratory group of the 2016 fishing year, because the action would be contrary to the public cobia is the jurisdictional boundary recreational annual catch target was interest, because of the need to between the Mid-Atlantic and New projected to be reached (81 FR 12601, immediately implement the commercial England Fishery Management Councils, March 10, 2016). Therefore, the closure to protect Atlantic migratory as specified in 50 CFR 600.105(a). possession limit for recreational group cobia, since the capacity of the Atlantic migratory group cobia are Atlantic migratory group cobia is zero fishing fleet allows for rapid harvest of unique among federally managed for the remainder of the 2016 fishing the commercial quota. Prior notice and species in the southeast region, because year. The prohibition on sale and opportunity for public comment would no Federal commercial permit is purchase does not apply to Atlantic require time and would potentially required to harvest and sell them. The migratory group cobia that were result in a harvest that exceeds the distinction between commercial and harvested, landed ashore, and sold prior commercial quota. recreational sectors is not as clear as to 12:01 a.m., local time, December 6, For the aforementioned reasons, the other federally managed species in the 2016, and were held in cold storage by AA also finds good cause to waive the southeast region. For example, a dealer or processor. 30-day delay in the effectiveness of this regulations at 50 CFR part 622 specify The commercial and recreational action under 5 U.S.C. 553(d)(3). quotas, annual catch limits, and AMs for sectors for Atlantic migratory group Authority: 16 U.S.C. 1801 et seq. cobia that are sold and cobia that are not cobia will re-open at the beginning of sold. However, for purposes of this the 2017 fishing year on January 1, Dated: November 28, 2016. temporary rule, Atlantic migratory 2017. Emily H. Menashes, group cobia that are sold are considered Acting Director, Office of Sustainable commercially-caught, and those that are Classification Fisheries, National Marine Fisheries Service. not sold are considered recreationally- The Regional Administrator for the [FR Doc. 2016–28904 Filed 12–1–16; 8:45 am] caught. NMFS Southeast Region has determined BILLING CODE 3510–22–P jstallworth on DSK7TPTVN1PROD with RULES VerDate Sep<11>2014 14:49 Dec 01, 2016 Jkt 241001 PO 00000 Frm 00070 Fmt 4700 Sfmt 9990 E:\FR\FM\02DER1.SGM 02DER1


Document Created: 2018-02-14 09:02:19
Document Modified: 2018-02-14 09:02:19
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, December 6, 2016, until 12:01 a.m., local time, January 1, 2017.
ContactFrank Helies, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation81 FR 86973 
RIN Number0648-XF05
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