82 FR 41563 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measures and Closure for Atlantic Migratory Group Cobia
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 169 (September 1, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 169 (September 1, 2017)
| Page Range | 41563-41564 | |
| FR Document | 2017-18611 |
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)] [Rules and Regulations] [Pages 41563-41564] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18611] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604-1758-02] RIN 0648-XF652 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 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. ----------------------------------------------------------------------- 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 in the EEZ on September 5, 2017, and it will remain closed until the next fishing year that begins on January 1, 2018. 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, September 5, 2017, until 12:01 a.m., local time, January 1, 2018. 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 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 [[Page 41564]] 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 2017 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 2017, because NMFS projects that commercial landings of Atlantic migratory group cobia will reach the commercial quota on August 30, 2017. Accordingly, the commercial sector for Atlantic migratory group cobia is closed in the EEZ at 12:01 a.m., local time, on September 5, 2017, and remains closed until it reopens at 12:01 a.m., local time, January 1, 2018. During the commercial closure, the sale and purchase of Atlantic migratory group cobia is prohibited. Additionally, on January 24, 2017, NMFS closed the recreational sector for Atlantic migratory group cobia in the EEZ for the remainder of the 2017 fishing year (82 FR 8363, January 25, 2017). Therefore, the possession limit for recreational Atlantic migratory group cobia in the EEZ is zero for the remainder of the 2017 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, September 5, 2017, and were held in cold storage by a dealer or processor. 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 2017 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: August 29, 2017. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-18611 Filed 8-29-17; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41563
calendar year. The 2018 fishing year is available for immediate use, and any SUMMARY: NMFS implements
scheduled to open on January 1, 2018; power-operated mainline hauler on accountability measures (AMs) for
the bigeye tuna catch limit for longline deck must be covered in such a manner Atlantic migratory group cobia that are
vessels over 24 meters in overall length that it is not readily available for use. sold (commercial) and harvested from
has yet to be established through This provision does not apply to trips in the exclusive economic zone (EEZ) of
domestic rulemaking, though, the which vessels have made a declaration the Atlantic. NMFS projects that
IATTC agreed to a U.S. limit of 750 mt to NMFS, pursuant to 50 CFR commercial landings of Atlantic
in a new resolution (C–17–02) at the 665.803(a), that the trip type is shallow- migratory group cobia have reached the
92nd Meeting in July 2017. setting. commercial quota. Therefore, NMFS
During the closure, a U.S. fishing closes the commercial sector for
vessel over 24 meters in overall length Classification Atlantic migratory group cobia in the
may not be used to retain on board, NMFS has determined there is good EEZ on September 5, 2017, and it will
transship, or land bigeye tuna captured cause to waive prior notice and remain closed until the next fishing year
by longline gear in the IATTC opportunity for public comment that begins on January 1, 2018. This
Convention Area, except as follows: pursuant to 5 U.S.C. 553(b)(B). This closure is necessary to protect the
• Any bigeye tuna already on board a action is based on the best available resource of Atlantic migratory group
fishing vessel on September 8, 2017, information and is necessary for the cobia.
may be retained on board, transshipped, conservation and management of bigeye DATES: This rule is effective from 12:01
and/or landed, to the extent authorized tuna. Compliance with the notice and a.m., local time, September 5, 2017,
by applicable laws and regulations, comment requirement would be until 12:01 a.m., local time, January 1,
provided all bigeye tuna are landed impracticable and contrary to the public 2018.
within 14 days after the effective date of interest because NMFS would be unable FOR FURTHER INFORMATION CONTACT:
this rule, that is, no later than to ensure that the 2017 bigeye tuna
September 22, 2017. Frank Helies, NMFS Southeast Regional
catch limit applicable to longline Office, telephone: 727–824–5305, email:
• The 14-day limit is waived in the vessels over 24 meters is not exceeded.
case of a U.S. fishing vessel that has frank.helies@noaa.gov.
The annual catch limit is an important
already declared to NMFS, pursuant to SUPPLEMENTARY INFORMATION: The
mechanism to ensure that the United
50 CFR 665.803(a), that the current trip fishery for coastal migratory pelagic fish
States complies with its international
type is shallow-setting. However, the includes king mackerel, Spanish
obligations in preventing overfishing
number of bigeye tuna retained on mackerel, and cobia, and is managed
and managing the fishery at optimum
board, transshipped, or landed must not under the Fishery Management Plan for
yield. For the same reasons, NMFS has
exceed the number on board the vessel Coastal Migratory Pelagic Resources in
also determined there is good cause to
on September 22, 2017, as recorded by the Gulf of Mexico and Atlantic Region
waive the requirement for a 30-day
the NMFS observer on board the vessel. (FMP). The FMP was prepared by the
delay in effectiveness under 5 U.S.C.
Other prohibitions during the closure Gulf of Mexico and South Atlantic
553(d)(3).
include the following: This action is required by § 300.25(a) Fishery Management Councils and is
• Bigeye tuna caught by a United and is exempt from review under implemented by NMFS under the
States vessel over 24 meters in overall Executive Order 12866. authority of the Magnuson-Stevens
length with longline gear in the IATTC Fishery Conservation and Management
Convention Area may not be Authority: 16 U.S.C. 951 et seq. Act (Magnuson-Stevens Act) by
transshipped to a fishing vessel unless Dated: August 29, 2017. regulations at 50 CFR part 622.
that fishing vessel is operated in Alan D. Risenhoover, Separate migratory groups of cobia
compliance with a valid permit issued Director, Office of Sustainable Fisheries, were established in Amendment 18 to
under 50 CFR 660.707 or 665.801. National Marine Fisheries Service. the FMP (76 FR 82058, December 29,
• A fishing vessel of the United States [FR Doc. 2017–18577 Filed 8–29–17; 4:15 pm] 2011), and then revised in Amendment
over 24 meters in overall length may not BILLING CODE 3510–22–P
20B to the FMP (80 FR 4216, January 27,
be used to fish in the Pacific Ocean 2015). The southern boundary for
using longline gear both inside and Atlantic migratory group cobia occurs at
outside the Convention Area during the DEPARTMENT OF COMMERCE a line that extends due east of the
same fishing trip. The only exceptions Florida and Georgia state border at
are: a fishing trip during which the National Oceanic and Atmospheric 30°42′45.6″ N. lat. The northern
closure date was announced, and a trip Administration boundary for Atlantic migratory group
for which a declaration has been made cobia is the jurisdictional boundary
to NMFS, pursuant to 50 CFR 50 CFR Part 622 between the Mid-Atlantic and New
665.803(a), that the current trip is England Fishery Management Councils,
[Docket No. 101206604–1758–02]
shallow-setting. as specified in 50 CFR 600.105(a).
• If a fishing vessel of the United RIN 0648–XF652 Atlantic migratory group cobia are
States over 24 meters in overall length unique among federally managed
is used to fish in the Pacific Ocean using Fisheries of the Caribbean, Gulf of species in the southeast region, because
longline gear outside the Convention Mexico, and South Atlantic; 2017 no commercial permit is required to
Area and the vessel enters the Commercial Accountability Measures harvest and sell them. The distinction
Convention Area at any time after and Closure for Atlantic Migratory between commercial and recreational
sradovich on DSK3GMQ082PROD with RULES
September 8, 2017, on the same fishing Group Cobia sectors is not as clear as other federally
trip, the longline gear on the fishing AGENCY: National Marine Fisheries managed species in the southeast
vessel must be stowed in a manner so Service (NMFS), National Oceanic and region. For example, regulations at 50
as not to be readily available for fishing. Atmospheric Administration (NOAA), CFR part 622 specify quotas, annual
Specifically, the hooks, branch or Commerce. catch limits, and AMs for cobia that are
dropper lines, and floats used to buoy sold and cobia that are not sold.
ACTION: Temporary rule; closure.
the mainline must be stowed and not However, for purposes of this temporary
VerDate Sep<11>2014 16:20 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1](https://thefederalregister.org/doc/82_FR_41732/page/1.svg)
![41564 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations
rule, Atlantic migratory group cobia that requirements to provide prior notice overage. The rule is necessary because
are sold are considered commercially and opportunity for public comment, new information indicates 2016 catch
caught, and those that are not sold are pursuant to the authority set forth at 5 did not exceed the quota. This rule is
considered recreationally caught. U.S.C. 553(b)(B), as such prior notice intended to mitigate negative economic
The commercial quota for Atlantic and opportunity for public comment is impacts to non-groundfish vessels,
migratory group cobia is 50,000 lb unnecessary and contrary to the public while maintaining conservation benefits
(22,680 kg), round or gutted weight, for interest. Such procedures are for the southern windowpane flounder
the 2017 fishing year, from January 1 unnecessary because the AMs for stock.
through December 31, as specified in 50 Atlantic migratory group cobia have DATES: Effective September 1, 2017,
CFR 622.384(d)(2). already been subject to notice and through February 28. 2018. Comments
The AMs for the commercial sector of comment, and all that remains is to must be submitted by October 2, 2017.
Atlantic migratory group cobia, notify the public of the commercial ADDRESSES: You may submit comments,
specified at 50 CFR 622.388(f)(1)(i), closure for the remainder of the 2017 identified by NOAA-NMFS-2017-0105
require that NMFS file a notification fishing year. Prior notice and by any of the following methods:
with the Office of the Federal Register opportunity for public comment on this • Electronic submissions: Submit all
to prohibit the sale and purchase of action would be contrary to the public electronic public comments via the
cobia for the remainder of the fishing interest, because of the need to Federal eRulemaking Portal. Go to
year if commercial landings reach or are immediately implement the commercial www.regulations.gov/#!docketDetail;D=
projected to reach the commercial quota closure to protect Atlantic migratory NOAA-NMFS-2017-0105, click the
specified in § 622.384(d)(2). The group cobia, since the capacity of the ‘‘Comment Now!’’ icon, complete the
commercial AM is triggered for 2017, fishing fleet allows for rapid harvest of required fields, and enter or attach your
because NMFS projects that commercial the commercial quota. Prior notice and comments.
landings of Atlantic migratory group opportunity for public comment would • Mail: Submit written comments to
cobia will reach the commercial quota require time and would potentially John K. Bullard, Regional
on August 30, 2017. Accordingly, the result in a harvest that exceeds the Administrator, National Marine
commercial sector for Atlantic migratory commercial quota. Fisheries Service, 55 Great Republic
group cobia is closed in the EEZ at 12:01 For the aforementioned reasons, the Drive, Gloucester, MA 01930. Mark the
a.m., local time, on September 5, 2017, AA also finds good cause to waive the outside of the envelope, ‘‘Comments on
and remains closed until it reopens at 30-day delay in the effectiveness of this the Windowpane Emergency Action.’’
12:01 a.m., local time, January 1, 2018. action under 5 U.S.C. 553(d)(3). Instructions: Comments sent by any
During the commercial closure, the other method, to any other address or
Authority: 16 U.S.C. 1801 et seq.
sale and purchase of Atlantic migratory individual, or received after the end of
group cobia is prohibited. Additionally, Dated: August 29, 2017.
the comment period, may not be
on January 24, 2017, NMFS closed the Alan D. Risenhoover,
considered by NMFS. All comments
recreational sector for Atlantic Director, Office of Sustainable Fisheries, received are a part of the public record
migratory group cobia in the EEZ for the National Marine Fisheries Service.
and will generally be posted for public
remainder of the 2017 fishing year (82 [FR Doc. 2017–18611 Filed 8–29–17; 4:15 pm] viewing on www.regulations.gov
FR 8363, January 25, 2017). Therefore, BILLING CODE 3510–22–P without change. All personal identifying
the possession limit for recreational information (e.g., name, address, etc.),
Atlantic migratory group cobia in the confidential business information, or
EEZ is zero for the remainder of the DEPARTMENT OF COMMERCE otherwise sensitive information
2017 fishing year. The prohibition on submitted voluntarily by the sender will
sale and purchase does not apply to National Oceanic and Atmospheric
Administration be publicly accessible. NMFS will
Atlantic migratory group cobia that were accept anonymous comments (enter
harvested, landed ashore, and sold prior ‘‘N/A’’ in the required fields if you wish
to 12:01 a.m., local time, September 5, 50 CFR Part 648
to remain anonymous).
2017, and were held in cold storage by [Docket No. 170808738–7777–01] FOR FURTHER INFORMATION CONTACT: Aja
a dealer or processor. Szumylo, Fishery Policy Analyst,
RIN 0648–BH11
Classification phone: 978–281–9195.
Magnuson-Stevens Fishery SUPPLEMENTARY INFORMATION: On August
The Regional Administrator for the
Conservation and Management Act 1, 2017, we implemented accountability
NMFS Southeast Region has determined
Provisions; Fisheries of the measures (AMs) in response to an
this temporary rule is necessary for the
Northeastern United States; Northeast overage of the 2015 southern
conservation and management of
Groundfish Fishery; Fishing Year 2017; windowpane flounder annual catch
Atlantic migratory group cobia and is
Emergency Removal of Southern limit (ACL) (82 FR 35660). Due to data
consistent with the Magnuson-Stevens
Windowpane Accountability Measures availability, AMs for windowpane
Act and other applicable laws.
This action is taken under 50 CFR AGENCY: National Marine Fisheries flounder are typically implemented at
622.388(f)(1)(i) and is exempt from Service (NMFS), National Oceanic and the start of the second fishing year after
review under Executive Order 12866. Atmospheric Administration (NOAA), an overage. The AMs require trawl
These measures are exempt from the Commerce. vessels fishing in certain areas in
procedures of the Regulatory Flexibility ACTION: Temporary rule; emergency southern New England to use selective
sradovich on DSK3GMQ082PROD with RULES
Act because the temporary rule is issued action; request for comments. trawl gear that limit flatfish catch. The
without opportunity for prior notice and southern windowpane AM areas apply
comment. SUMMARY: This emergency rule removes to all groundfish trawl vessels. The AM
This action is based on the best the 2017 southern windowpane areas also apply to non-groundfish trawl
scientific information available. The flounder accountability measures for vessels fishing with a codend mesh size
Assistant Administrator for NOAA non-groundfish trawl vessels that were of 5 inches (12.7 cm) or greater, which
Fisheries finds good cause to waive the triggered as a result of a 2015 quota includes vessels that target summer
VerDate Sep<11>2014 16:20 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1](https://thefederalregister.org/doc/82_FR_41732/page/2.svg)
Document Created: 2017-09-01 01:50:49
Document Modified: 2017-09-01 01:50:49
| 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; closure. | |
| Dates | This rule is effective from 12:01 a.m., local time, September 5, 2017, until 12:01 a.m., local time, January 1, 2018. | |
| Contact | Frank Helies, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 82 FR 41563 | |
| RIN Number | 0648-XF65 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR