83_FR_43723 83 FR 43557 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measures and Closure for Atlantic Migratory Group Cobia

83 FR 43557 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measures and Closure for Atlantic Migratory Group Cobia

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 166 (August 27, 2018)

Page Range43557-43558
FR Document2018-18500

NMFS implements an accountability measure (AM) for Atlantic migratory group (Atlantic) cobia that are sold (commercial) and harvested from the exclusive economic zone (EEZ) of the Atlantic. NMFS projects that commercial landings of Atlantic cobia have reached the commercial quota. Therefore, NMFS closes the commercial sector for Atlantic cobia in the EEZ on September 5, 2018, and it will remain closed until the next fishing year that begins on January 1, 2019. This closure is necessary to protect the Atlantic cobia resource.

Federal Register, Volume 83 Issue 166 (Monday, August 27, 2018) 
[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Rules and Regulations]
[Pages 43557-43558]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18500]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XG435


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2018 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 an accountability measure (AM) for Atlantic 
migratory group (Atlantic) cobia that are sold (commercial) and 
harvested from the exclusive economic zone (EEZ) of the Atlantic. NMFS 
projects that commercial landings of Atlantic cobia have reached the 
commercial quota. Therefore, NMFS closes the commercial sector for 
Atlantic cobia in the EEZ on September 5, 2018, and it will remain 
closed until the next fishing year that begins on January 1, 2019. This 
closure is necessary to protect the Atlantic cobia resource.

DATES: This rule is effective from 12:01 a.m., local time, September 5, 
2018, until 12:01 a.m., local time, on January 1, 2019.

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 cobia occurs at a line that

[[Page 43558]]

extends due east of the Florida and Georgia state border at 
30[deg]42'45.6'' N lat. The northern boundary for Atlantic migratory is 
the jurisdictional boundary between the Mid-Atlantic and New England 
Fishery Management Councils, as specified in 50 CFR 600.105(a).
    Atlantic 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 rule, 
Atlantic cobia that are sold are considered commercially caught, and 
those that are not sold are considered recreationally caught.
    The commercial quota for Atlantic cobia is 50,000 lb (22,680 kg), 
round or gutted weight, for the 2018 fishing year, which runs from 
January 1 through December 31 (50 CFR 622.384(d)(2)).
    The AM for the commercial sector of Atlantic cobia, specified at 50 
CFR 622.388(f)(1)(i), requires 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 2018, because NMFS 
projects that commercial landings of Atlantic cobia will reach the 
commercial quota on September 5, 2018. Accordingly, the commercial 
sector for Atlantic cobia is closed in the EEZ at 12:01 a.m., local 
time, on September 5, 2018, and remains closed until the start of the 
next fishing year on January 1, 2019.
    During the commercial closure, the sale and purchase of Atlantic 
cobia is prohibited. The recreational bag and possession limits for 
Atlantic cobia apply while the recreational sector is open. The 
prohibition on sale and purchase does not apply to Atlantic cobia that 
were harvested, landed ashore, and sold prior to 12:01 a.m., local 
time, on September 5, 2018, 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 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 (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 AM for Atlantic cobia has 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 2018 fishing year. 
Prior notice and opportunity for public comment on this action is 
contrary to the public interest, because of the need to immediately 
implement the commercial closure to protect Atlantic 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 22, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-18500 Filed 8-24-18; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations 43557 adoption of an Order, the date by which issues. We also intend to perform DEPARTMENT OF COMMERCE these entities must file their Eligibility targeted outreach to specific Certification, when allocations to these communities about rescanning, and, National Oceanic and Atmospheric entities will be made, the deadline by where appropriate, we may use local Administration which these entities must file any media or other outreach to disseminate remaining requests for reimbursement, rescanning information. Consumer 50 CFR Part 622 and the final date when reimbursement education funding could also be used in [Docket No. 101206604–1758–02] funds will be issued. developing additional online resources 4. The Commission indicated in the RIN 0648–XG435 to support consumers. In all our Incentive Auction R&O that the Media activities, we will coordinate closely Bureau will announce the date by which Fisheries of the Caribbean, Gulf of full power, Class A, and MVPD entities with industry stakeholders to ensure Mexico, and South Atlantic; 2018 must submit their final expense that our consumer education efforts are Commercial Accountability Measures documentation to the Commission.4 At complementary to, and not duplicative and Closure for Atlantic Migratory the time of that delegation, the of, industry efforts. In so doing, we will Group Cobia Spectrum Act imposed a deadline for guard against unnecessary or wasteful the Commission to make all required spending. We welcome input from AGENCY: National Marine Fisheries reimbursements to full power, Class A, consumers and industry on other ways Service (NMFS), National Oceanic and and MVPD entities of April 13, 2020.5 we can best use the funding to help Atmospheric Administration (NOAA), The Reimbursement Expansion Act mitigate disruption by consumers Commerce. permits the Commission to extend the during the transition period. ACTION: Temporary rule; closure. deadline for reimbursements to full power, Class A, and MVPD entities, II. Procedural Matters SUMMARY: NMFS implements an from the funds appropriated for this accountability measure (AM) for A. Final Regulatory Flexibility Act purpose by the Reimbursement Atlantic migratory group (Atlantic) Analysis cobia that are sold (commercial) and Expansion Act, beyond April 13, 2020,6 but no later than July 3, 2023, as long 6. Because the actions taken in the harvested from the exclusive economic as the certification requirements set Order do not require notice and zone (EEZ) of the Atlantic. NMFS forth in the Reimbursement Expansion comment, the Regulatory Flexibility Act projects that commercial landings of Act are met.7 The Incentive Auction does not apply. Atlantic cobia have reached the R&O stated that the Media Bureau may commercial quota. Therefore, NMFS announce the final date reimbursement III. Ordering Clauses closes the commercial sector for funds will be issued to full power and Atlantic cobia in the EEZ on September 7. It is ordered that, pursuant to the 5, 2018, and it will remain closed until Class A stations and MVPDs and a deadline for the submission of final authority contained in Sections 1, 4, the next fishing year that begins on expense documentation, and we clarify 5(b), 5(c), 303, and 336(f) of the January 1, 2019. This closure is that the Bureau also is authorized to set Communications Act of 1934, as necessary to protect the Atlantic cobia deadlines for funds appropriated by the amended, Section 6403 of the Middle resource. Reimbursement Expansion Act. Class Tax Relief and Job Creation Act of DATES: This rule is effective from 12:01 5. Consumer Education. The 2012, and Section 511, Division E, Title a.m., local time, September 5, 2018, Reimbursement Expansion Act provides V of the Consolidated Appropriations until 12:01 a.m., local time, on January that at least $50 million from the funds Act, 2018, Pub. L. 115–141 (2018), 47 1, 2019. appropriated to the Reimbursement U.S.C. 151, 154, 155(b), 155(c), 303, FOR FURTHER INFORMATION CONTACT: Fund will be available to the 336(f), 1452, the Order is adopted and Commission to make ‘‘payments solely Frank Helies, NMFS Southeast Regional will become effective on August 27, for the purposes of consumer education Office, telephone: 727–824–5305, email: 2018. frank.helies@noaa.gov. relating to the reorganization of 8. It is further ordered that the SUPPLEMENTARY INFORMATION: The broadcast television spectrum’’ under 47 U.S.C. 1452(b).8 We interpret this Commission’s Consumer and fishery for coastal migratory pelagic fish provision as providing at least $50 Governmental Affairs Bureau, Reference includes king mackerel, Spanish million for use by the Commission to Information Center, shall send a copy of mackerel, and cobia, and is managed fund its efforts to educate consumers this Order to the Chief Counsel for under the Fishery Management Plan for about the reorganization of broadcast Advocacy of the Small Business Coastal Migratory Pelagic Resources in television spectrum under 47 U.S.C. Administration. the Gulf of Mexico and Atlantic Region 1452(b), with any unused funds to be 9. It is further ordered that the (FMP). The FMP was prepared by the returned to the U.S. Treasury. We Commission will send a copy of the Gulf of Mexico and South Atlantic anticipate, among other initiatives, Order in a report to Congress and the Fishery Management Councils and is hosting a dedicated consumer service Government Accountability Office implemented by NMFS under the call center to provide consumers pursuant to the Congressional Review authority of the Magnuson-Stevens technical support and assistance on Fishery Conservation and Management Act (CRA), see 5 U.S.C. 801(a)(1)(A). such matters as rescanning and other Act (Magnuson-Stevens Act) by means to resolve potential reception Federal Communications Commission. regulations at 50 CFR part 622. Cecilia Sigmund, Separate migratory groups of cobia amozie on DSK3GDR082PROD with RULES 4 See Incentive Auction R&O, 29 FCC Rcd at 6819, Federal Register Liaison Officer. were established in Amendment 18 to para. 617. the FMP (76 FR 82058, December 29, 5 The deadline for full power and Class A stations [FR Doc. 2018–17945 Filed 8–24–18; 8:45 am] to transition to their new channels is July 13, 2020. 2011), and then revised in Amendment BILLING CODE 6712–01–P 6 47 U.S.C. 1452(j)(2)(C)(i). 20B to the FMP (80 FR 4216, January 27, 7 Id. sec. 1452(j)(3)(B). 2015). The southern boundary for 8 Id. sec. 1452(j)(2)(A)(iv). Atlantic cobia occurs at a line that VerDate Sep<11>2014 16:25 Aug 24, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\27AUR1.SGM 27AUR1

43558 Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations extends due east of the Florida and projects that commercial landings of Assistant Administrator for NOAA Georgia state border at 30°42′45.6″ N lat. Atlantic cobia will reach the Fisheries (AA) finds good cause to The northern boundary for Atlantic commercial quota on September 5, waive the requirements to provide prior migratory is the jurisdictional boundary 2018. Accordingly, the commercial notice and opportunity for public between the Mid-Atlantic and New sector for Atlantic cobia is closed in the comment, pursuant to the authority set England Fishery Management Councils, EEZ at 12:01 a.m., local time, on forth at 5 U.S.C. 553(b)(B), as such prior as specified in 50 CFR 600.105(a). September 5, 2018, and remains closed notice and opportunity for public Atlantic cobia are unique among until the start of the next fishing year on comment is unnecessary and contrary to federally managed species in the January 1, 2019. the public interest. Such procedures are southeast region, because no During the commercial closure, the unnecessary because the AM for commercial permit is required to sale and purchase of Atlantic cobia is Atlantic cobia has already been subject harvest and sell them. The distinction prohibited. The recreational bag and to notice and comment, and all that between commercial and recreational possession limits for Atlantic cobia sectors is not as clear as other federally remains is to notify the public of the apply while the recreational sector is managed species in the southeast commercial closure for the remainder of open. The prohibition on sale and region. For example, regulations at 50 purchase does not apply to Atlantic the 2018 fishing year. Prior notice and CFR part 622 specify quotas, annual cobia that were harvested, landed opportunity for public comment on this catch limits, and AMs for cobia that are ashore, and sold prior to 12:01 a.m., action is contrary to the public interest, sold and cobia that are not sold. local time, on September 5, 2018, and because of the need to immediately However, for purposes of this temporary were held in cold storage by a dealer or implement the commercial closure to rule, Atlantic cobia that are sold are processor. protect Atlantic cobia, since the considered commercially caught, and capacity of the fishing fleet allows for those that are not sold are considered Classification rapid harvest of the commercial quota. recreationally caught. The Regional Administrator for the Prior notice and opportunity for public The commercial quota for Atlantic NMFS Southeast Region has determined comment would require time and would cobia is 50,000 lb (22,680 kg), round or this temporary rule is necessary for the potentially result in a harvest that gutted weight, for the 2018 fishing year, conservation and management of exceeds the commercial quota. which runs from January 1 through Atlantic cobia and is consistent with the For the aforementioned reasons, the December 31 (50 CFR 622.384(d)(2)). Magnuson-Stevens Act and other AA also finds good cause to waive the The AM for the commercial sector of applicable laws. Atlantic cobia, specified at 50 CFR 30-day delay in the effectiveness of this This action is taken under 50 CFR 622.388(f)(1)(i), requires that NMFS file action under 5 U.S.C. 553(d)(3). 622.388(f)(1)(i) and is exempt from a notification with the Office of the review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Federal Register to prohibit the sale and These measures are exempt from the Dated: August 22, 2018. purchase of cobia for the remainder of procedures of the Regulatory Flexibility Margo B. Schulze-Haugen, the fishing year if commercial landings Act because the temporary rule is issued reach or are projected to reach the without opportunity for prior notice and Acting Director, Office of Sustainable commercial quota specified in comment. Fisheries, National Marine Fisheries Service. § 622.384(d)(2). The commercial AM is This action is based on the best [FR Doc. 2018–18500 Filed 8–24–18; 8:45 am] triggered for 2018, because NMFS scientific information available. The BILLING CODE 3510–22–P amozie on DSK3GDR082PROD with RULES VerDate Sep<11>2014 16:25 Aug 24, 2018 Jkt 244001 PO 00000 Frm 00058 Fmt 4700 Sfmt 9990 E:\FR\FM\27AUR1.SGM 27AUR1


Document Created: 2018-08-25 01:49:46
Document Modified: 2018-08-25 01:49:46
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, September 5, 2018, until 12:01 a.m., local time, on January 1, 2019.
ContactFrank Helies, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation83 FR 43557 
RIN Number0648-XG43
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