82 FR 8363 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Recreational Accountability Measures and Closure for Atlantic Migratory Group Cobia

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 15 (January 25, 2017)

Page Range		8363-8364
FR Document		2017-00785

NMFS implements accountability measures (AMs) for Atlantic migratory group cobia that are not sold (recreational) in the exclusive economic zone (EEZ) of the Atlantic. In 2015 and 2016, recreational landings of Atlantic migratory group cobia (Atlantic cobia) exceeded the stock annual catch limit (ACL), and therefore, AMs for the recreational sector are triggered for 2017. NMFS closes the recreational sector for Atlantic cobia in Federal waters on January 24, 2017, and it will remain closed for the remainder of the fishing year through December 31, 2017. This closure is necessary to protect the resource of Atlantic cobia.

Federal Register, Volume 82 Issue 15 (Wednesday, January 25, 2017)

[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Rules and Regulations]
[Pages 8363-8364]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00785]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XF106


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 Recreational 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 not sold (recreational) in the exclusive 
economic zone (EEZ) of the Atlantic. In 2015 and 2016, recreational 
landings of Atlantic migratory group cobia (Atlantic cobia) exceeded 
the stock annual catch limit (ACL), and therefore, AMs for the 
recreational sector are triggered for 2017. NMFS closes the 
recreational sector for Atlantic cobia in Federal waters on January 24, 
2017, and it will remain closed for the remainder of the fishing year 
through December 31, 2017. This closure is necessary to protect the 
resource of Atlantic cobia.

DATES: This rule is effective from 12:01 a.m., local time, January 24, 
2017, until 12:01 a.m., local time, January 1, 2018.

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

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish, which includes 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 in 
Federal waters for Atlantic cobia is a line that extends due east of 
the Florida and Georgia state border at 30[deg]42'45.6'' N. lat. The 
northern boundary in Federal waters for Atlantic cobia is at the 
jurisdictional boundary between the Mid-Atlantic and New England 
Fishery Management Councils. The northern boundary begins at the 
intersection point of the state waters of Connecticut, Rhode Island, 
and New York at 41[deg]18'16.249'' N. lat. and 71[deg]54'28.477'' W. 
long. and proceeds southeast in Federal waters to 37[deg]22'32.75'' N. 
lat. and the intersection point with the outward boundary of the EEZ as 
specified in the Magnuson-Stevens Act.
    Cobia in the Gulf of Mexico and Atlantic 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 ACLs and AMs for cobia that are sold and cobia 
that are not sold. However, for purposes of this temporary rule, 
Atlantic cobia that are sold are considered commercially caught, and 
those that are not sold are considered recreationally caught. All 
weights in this temporary rule are in round and gutted weight.
    The AMs specified at 50 CFR 622.388(f)(2)(i) require NMFS, if 
commercial and recreational landings combined exceed the stock ACL, to 
reduce the length of the following fishing season by the amount 
necessary to ensure landings may achieve the applicable recreational 
annual catch target, but do not exceed the applicable recreational ACL 
in that following fishing year, by filing a notification with the 
Office of the Federal Register. By reducing the length of the following 
fishing season, NMFS would close the recreational sector for Atlantic 
cobia prior to the end of the fishing year.
    NMFS has determined that total landings of Atlantic cobia exceeded 
the 2016 stock ACL of 670,000 lb (303,907 kg). Thus, the recreational 
AM, to shorten the following recreational fishing season, is triggered 
for 2017.
    NMFS expects that recreational harvest of cobia will remain open in

[[Page 8364]]

state waters from Georgia through New York despite a closure in Federal 
waters and that the stock ACL in 2017 is expected to be exceeded, 
because historical recreational landings of cobia in state waters from 
Georgia through New York have represented 87 percent of total 
recreational landings from state and Federal waters. Accordingly, the 
recreational sector for Atlantic cobia will be closed at 12:01 a.m., 
local time, on January 24, 2017, and remain closed until the start of 
the next fishing year on January 1, 2018.
    During the recreational closure, the possession limit of two cobia 
per day remains in effect (50 CFR 622.383(b)) for Atlantic cobia that 
are sold. The possession limit applies to cobia harvested in or from 
the EEZ in the Gulf of Mexico, 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 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.
    The commercial quota for Atlantic cobia is 50,000 lb (22,680 kg), 
round weight, for the current fishing year, January 1 through December 
31, 2017, as specified in 50 CFR 622.384(d)(2). The sale or purchase of 
Atlantic cobia taken under the possession limit is allowed until the 
commercial quota is reached or is projected to be reached. If 
commercial landings of Atlantic cobia reach or are projected to reach 
the commercial quota specified in Sec.  622.384(d)(2), the Assistant 
Administrator for NOAA Fisheries (AA) will file a notification with the 
Office of the Federal Register to prohibit the sale and purchase of 
Atlantic cobia for the remainder of the 2017 fishing year.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of Atlantic 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 responds to 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 because the AMs for Atlantic cobia have 
already been subject to notice and comment, and all that remains is to 
notify the public of the recreational closure for the remainder of the 
2017 fishing year. Additionally, there is a need to immediately 
implement the closure to prevent further recreational harvest and 
prevent its ACL from being exceeded, which will protect the Atlantic 
cobia resource. Prior notice and opportunity for public comment on this 
action would be contrary to the public interest, because those affected 
by the closure need as much advance notice as NMFS is able to provide.
    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: January 10, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-00785 Filed 1-24-17; 8:45 am]
 BILLING CODE 3510-22-P

8364 Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Rules and Regulations

state waters from Georgia through New and opportunity for public comment, announcement informs the public that
York despite a closure in Federal waters pursuant to the authority set forth at 5 the skate wing and skate bait possession
and that the stock ACL in 2017 is U.S.C. 553(b)(B), as such prior notice limits are reduced.
expected to be exceeded, because and opportunity for public comment is DATES: Effective January 30, 2017,
historical recreational landings of cobia unnecessary and contrary to the public through April 30, 2017.
in state waters from Georgia through interest. Such procedures are FOR FURTHER INFORMATION CONTACT: Reid
New York have represented 87 percent unnecessary because the AMs for Lichwell, Fishery Management
of total recreational landings from state Atlantic cobia have already been subject Specialist, 978–281–9112.
and Federal waters. Accordingly, the to notice and comment, and all that
SUPPLEMENTARY INFORMATION:
recreational sector for Atlantic cobia remains is to notify the public of the
will be closed at 12:01 a.m., local time, recreational closure for the remainder of Background
on January 24, 2017, and remain closed the 2017 fishing year. Additionally, The skate wing and skate bait
until the start of the next fishing year on there is a need to immediately fisheries are managed primarily through
January 1, 2018. implement the closure to prevent
During the recreational closure, the the Northeast Skate Complex Fishery
further recreational harvest and prevent Management Plan. The regulations
possession limit of two cobia per day its ACL from being exceeded, which
remains in effect (50 CFR 622.383(b)) for describing the process to adjust
will protect the Atlantic cobia resource. inseason commercial possession limits
Atlantic cobia that are sold. The Prior notice and opportunity for public
possession limit applies to cobia of skate wings and skate bait are
comment on this action would be described at 50 CFR 648.322(b) and (d).
harvested in or from the EEZ in the Gulf contrary to the public interest, because
of Mexico, Mid-Atlantic, or South The current skate wing possession limit
those affected by the closure need as is 9,307 lb (4,222 kg) whole weight,
Atlantic, regardless of the number of much advance notice as NMFS is able
trips or duration of a trip. In addition, 4,100 lb (1,860 kg) skate wings, and the
to provide. current skate bait possession limit is
a person who fishes in the EEZ may not For the aforementioned reasons, the
combine this harvest limitation with a 25,000 lb (11,340 kg). When the NMFS
AA also finds good cause to waive the Greater Atlantic Regional Administrator
harvest limitation applicable to state 30-day delay in the effectiveness of this
waters. Atlantic cobia taken in the EEZ projects seasonal skate wing and skate
action under 5 U.S.C. 553(d)(3). bait landings to reach 85 and 90 percent,
may not be transferred at sea, regardless
Authority: 16 U.S.C. 1801 et seq. respectively, of the annual total
of where such transfer takes place, and
may not be transferred in the EEZ. Dated: January 10, 2017. allowable landings (TAL), the Regional
The commercial quota for Atlantic Emily H. Menashes, Administrator may reduce the skate
cobia is 50,000 lb (22,680 kg), round Acting Director, Office of Sustainable wing possession limit and is required to
weight, for the current fishing year, Fisheries, National Marine Fisheries Service. reduce the skate bait possession limit
January 1 through December 31, 2017, [FR Doc. 2017–00785 Filed 1–24–17; 8:45 am] for the remainder of the season, unless
as specified in 50 CFR 622.384(d)(2). BILLING CODE 3510–22–P
the reductions would be expected to
The sale or purchase of Atlantic cobia prevent attainment of the annual TAL.
taken under the possession limit is The skate wing possession limit may be
allowed until the commercial quota is DEPARTMENT OF COMMERCE reduced to the incidental catch limit of
reached or is projected to be reached. If 500 lb (227 kg) skate wings; the skate
commercial landings of Atlantic cobia National Oceanic and Atmospheric bait possession limit must be reduced to
reach or are projected to reach the Administration the 1,135-lb (515-kg) whole-weight
commercial quota specified in equivalent of the skate wing possession
§ 622.384(d)(2), the Assistant 50 CFR Part 648 limit. We anticipate that implementing
Administrator for NOAA Fisheries (AA) [Docket No. 160301164–6694–02] these inseason adjustments will allow
will file a notification with the Office of an opportunity for both fisheries to
RIN 0648–XF146 harvest the annual TAL while reducing
the Federal Register to prohibit the sale
and purchase of Atlantic cobia for the the possibility of exceeding it.
Fisheries of the Northeastern United
remainder of the 2017 fishing year. States; Northeast Skate Complex; Inseason Action
Classification Adjustment to the Skate Wing and Based on commercial landings data
Skate Bait Inseason Possession Limits reported through December 24, 2016, we
The Regional Administrator for the
NMFS Southeast Region has determined AGENCY: National Marine Fisheries project the skate wing and skate bait
this temporary rule is necessary for the Service (NMFS), National Oceanic and fisheries to reach 85 and 90 percent of
conservation and management of Atmospheric Administration (NOAA), their annual TAL, respectively, on
Atlantic cobia and is consistent with the Commerce. January 18, 2017. The annual TAL for
Magnuson-Stevens Act and other ACTION: Temporary rule; inseason
both the skate wing and skate bait
applicable laws. adjustments. fisheries is divided into seasonal quota
This action is taken under 50 CFR periods in which landings are applied to
622.388(f)(2) and is exempt from review SUMMARY: We announce the reduction of each quota to evaluate the need for
under Executive Order 12866. the commercial per-trip possession possession limit reductions. We are
These measures are exempt from the limits for the skate wing and skate bait currently in skate wing season 2
procedures of the Regulatory Flexibility fisheries for the remainder of the 2016 (September 1, 2016, through April 30,
mstockstill on DSK3G9T082PROD with RULES

Act because the temporary rule is issued fishing year, through April 30, 2017. 2017) and skate bait season 3 (November
without opportunity for prior notice and These possession limit reductions are 1, 2016, through April 30, 2017). These
comment. necessary to prevent the seasonal skate are the final skate seasons of the 2016
This action responds to the best wing and skate bait commercial quotas fishing year, providing us with
scientific information available. The AA from being exceeded and still allow an cumulative annual landings data which
finds good cause to waive the opportunity for harvesting the annual allow us to calculate when the annual
requirements to provide prior notice total allowable landings. This TAL would be harvested. We have

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Document Created: 2017-01-25 00:09:01
Document Modified: 2017-01-25 00:09:01

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, January 24, 2017, until 12:01 a.m., local time, January 1, 2018.
Contact		Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation		82 FR 8363
RIN Number		0648-XF10

82 FR 8363 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Recreational Accountability Measures and Closure for Atlantic Migratory Group Cobia

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 15 (January 25, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration